this contract entered into this _______ day of __________ ______ by and between , with an address of______________here inafter called the seller, and ______________________, with an address of ____________________ here inafter called the purchaser, witnesseth:
payment
the seller agrees to sell and the purchaser agrees to buy for the sum of ___________________dollars ($________), under the conditions set forth in this contract, all the marked standing timber upon an area of approximately _____ acres in ______________county, ___________ on land owned and recorded in the name of _________________________.
the location of the area can further be described as follows: ________________ the purchaser further agrees to pay to the seller the sum of _____________ dollars ($?________ ) in one lump-sum payment due at the time of executing this contract.
seller
the seller further agrees to dispose of the timber conveyed in this contract in the strict accordance with the following conditions:
all trees to be included in this sale will be marked as follows: trees are marked with ________ paint once at breast height (4 feet above the ground) and again at below stump height. all sawlog and pulpwood material contained in the marked trees is included in this sale. seller makes no guarantee of the volume of timber contained in the sale area and is under no obligation to guarantee a specified volume.
no concurrent contract involving the area or period covered in this contract has been or will be entered into by the seller without the written consent of the purchaser.
the purchaser and his employees shall have access to the area at all reasonable times and seasons for the purpose of carrying out the terms of this contract.
the seller covenants that he is the lawful owner of the above timber and that no indebtedness or encumbrance exists against the same.
purchaser
the purchaser further agrees to cut and remove the timber conveyed in the contract in strict accordance with the following conditions:
unless an extension of time is agreed upon in writing between the seller and the purchaser, all timber shall be cut and removed on or before and not latter then the _____ day of __________ , and any material not so removed shall revert to the seller.
only marked trees shall be cut. unmarked trees and young timber shall be protected against unnecessary injury from felling and logging operations.
the purchaser shall clear necessary logging roads only after their locations have been definitely agreed upon with the seller or his representative.
during the life of this contract and on the area covered, care shall be exercised by the purchaser and his employees against the starting and spreading of fire and they shall take reasonable precaution to prevent and control fires.
fence damaged or destroyed by the purchaser in the logging or removal of timber included in this contract shall be repaired or replaced by the purchaser to the conditions existing at the time the logging begins.
any liability for damage, destruction, or restoration of private or public improvements occasioned by or in the exercise of this contract shall be the sole responsibility of the purchaser.
all litter and garbage created by the loggers and/or log haulers is the responsibility of the purchaser and is to be picked up weekly.
best management practices will be followed to ensure minimum impact on water resources both on site and downstream.
insurance
the purchaser hereby agrees to protect, indemnify, and save harmless the seller from any and all liability for personal injuries, death and/or property damage suffered or incurred by any person in connection with the purchaser's performance of this contract. the purchaser also agrees to furnish insurance of the following types
general liability insurance in the amount of $_________________________, and listing ______________________as additional insured on said policy.
worker's compensation insurance for all persons used in the harvest of the timber.
miscellaneous
seller and purchaser mutually agree as follows:
all modifications of this contract will be reduced to writing, dated, signed and witnessed, and will be attached to this contract.
resale of any portion of the standing timber conveyed by this contract will not release the purchaser from any or all the terms of this contract unless the seller signs a written release.
in case of dispute over the terms of this contract, final decision shall rest with a reputable person mutually agreed upon by parties to this contract. in the case of further disagreement, final decision shall rest with an approved board of three persons, one to be selected by each party to this contract and the third to be selected by the other two.
in witness whereof, the parties have executed this agreement as of the day and year first above written.
witness: ____________________
purchaser
_____________________________
witness:?
_____________________________
seller
_____________________________