Sample Minnesota timber harvest contract

April 28, 2007 at 7:54 pm Leave a comment

WOODLAND OWNER SAMPLE TIMBER SALES CONTRACT

THIS AGREEMENT is made and entered into between:________________of _______________, hereinafter called the Seller, and ______(name)___________(address)__________of ___________, hereinafter called the Purchaser. ______(name)___________(address)__________

SECTION I. THE SELLER AGREES TO SELL and the Purchaser agrees to buy, under the terms and conditions hereinafter stated, all the timber marked or designated by the Seller, as estimated in SECTION IV, on certain lands held by the Seller and described as follows: acres in Section_______, Township__________, Range__________, County of________________, State of Minnesota. Timber to be harvested is marked or designated according to the attachment.

SECTION II. THE PURCHASER AGREES TO PAY the Seller the sum of Dollars ($ ), more or less, as may be determined by the actual scale at the rate and by the method specified in SECTION IV. The Purchaser also agrees to pay the Seller a separate deposit of $50.00 to guarantee the performance of SECTIONS VI and VII.

SECTION III. UPON RECEIPT OF DOWN-PAYMENT, and the signature of both parties, this agreement becomes effective. The Purchaser agrees to pay the Seller a down-payment of Dollars ($ ) which shall be paid when the contract is signed. The balance shall be paid before any cutting begins.

SECTION IV. ALL TIMBER DESIGNATED BELOW SHALL BE CUT and removed before _________, unless extension of time is requested and granted in writing. Sale expiration shall occur on this date or before if all products have been cut, removed, and final payment completed. The Purchaser is liable for the full price for all timber listed below, including that remaining at sale expiration. This liability shall continue notwithstanding injury to the timber from natural causes, Acts of God, or human acts including vandalism or theft. All rights to remaining products, cut or uncut, revert to the Seller at sale expiration.

Species Products Est. Volume Units Scale Method Unit Price Value

$ $

$ $

$ $

$ $

$ $

SECTION V. INSURANCE – To the extent the Seller desires, the Purchaser has informed the Seller of the amount of liability,property damage, Workers’ Compensation, and other relevant insurance carried by the Purchaser.

IN WITNESS WHEREOF, the parties hereto have set their hands on the dates shown below. WE HAVE READ AND UNDER-STAND THIS AGREEMENT INCLUDING THE REVERSE SIDE AND ANY ATTACHMENTS, ADDITIONS, OR DELETIONS.

Approved and agreed to by the Seller

___(Seller)___________ _____(Date)____ _____(Social Security #)_____

____(Witness) (optional)___

Approved and agreed to by the Purchaser

___(Purchaser)____ ______(Company)______ ____(Date)____ ____(Social Security #)_____

____(Witness) (optional)______

SELLER AND PURCHASER AND WITNESS (IF ANY) MUST SIGN AND DATE EACH COPY. NOTE: Purchaser may be required to report sale payments to Internal Revenue Service. SECTION VI. THE PURCHASER AGREES TO CUT AND REMOVE SAID TIMBER AT HIS/HER OWN RISK AND IN A PROFESSIONAL MANNER AND IN ACCORDANCE WITH THE FOLLOWING CONDITIONS:

1. CUTTING AND SLASH DISPOSAL REGULATIONS, as attached, shall be observed. See Estimate of Timber Volume or other attachment. Forest management guidelines, as specified in an attachment, will be observed throughout the harvesting operations.

2. UTILIZATION — Trees cut for pulpwood shall be utilized to at least a 4″ top diameter, and those cut for sawlogs used to at least an 8″ top diameter, unless otherwise specified in the cutting regulations, or unless decay or branching limits merchantability.

3. STUMP HEIGHTS shall be as low as practicable, but not to exceed one-half (½) their diameter in height.

4. SAWTIMBER SHALL BE SCALED by the Scribner Decimal C rule and pulpwood according to MN Statutes 239.33.

5. REASONABLE CARE SHALL BE TAKEN TO PROTECT the residual and neighboring stands from damage.

6. ONLY TIMBER DESIGNATED in SECTION IV shall be cut and removed. Whenever any undesignated trees are cut or needlessly damaged, the Purchaser shall pay for them at a rate of three (3) times their scale value.

7. THE PURCHASER SHALL REPAIR, at his/her own expense, damage caused by him/her or his/her agents to roads, gates, fences, bridges, or other improvements on the Seller’s property.

8. LOCATION OF ROADS, landings, etc., shall be mutually agreed to by the Purchaser and the Seller or their agents. Only non-merchantable wood may be used for construction purposes in connection with the logging operation.

9. THE PURCHASER SHALL REMOVE all sale-generated debris within twenty (20) days of sale expiration; including machine parts, oil cans, lunch debris, and Purchaser’s equipment and structures. Items not removed are deemed abandoned, become the property of the Seller, and may be removed or disposed of at Purchaser’s expense, including but not limited to the performance deposit.

10. FIRE — Care shall be exercised at all times by the Purchaser and his/her agents against the start and spread of wildfire. The Purchaser agrees to pay for any and all damage and the cost of suppression from any fires caused by it or its agents.

SECTION VII. IT IS MUTUALLY UNDERSTOOD AND AGREED by and between the parties hereto as follows:

1. LIABILITY — The Purchaser agrees to save and hold harmless the Seller from any and all claims, penalties, or expenses of any nature, type, or description whatsoever arising from the performance of this contract, whether asserted by itself or any individual, organization, or governmental agency or subdivision.

2. WORKERS’ COMPENSATION INSURANCE, to the extent required by law, shall be bought and maintained by the Purchaser to fully protect both Purchaser and Seller from any and all claims for injury or death arising from the performance of this contract.

3. THIS AGREEMENT SHALL NOT BE ASSIGNED in whole or in part by either party without the written consent of the other party.

4. ALL TIMBER included in this agreement shall remain the property of the Seller until paid for in full.

5. THE SELLER GUARANTEES PROPERTY BOUNDARIES AND that Seller has full right and title to the timber included in this sale.

6. WHEN WOOD IS SCALED, the Purchaser agrees to pay, or the Seller agrees to refund, any difference in value from the original payment based on the actual scale at the rates specified in SECTION IV within thirty days of harvest completion.

7. THE SELLER SHALL REFUND ANY PERFORMANCE DEPOSIT or notify Purchaser of intent within 30 days of sale expiration. Seller may stop all operations for violation of any term of this agreement by the Purchaser and, for cause, may retain all monies deposited.

8. IN CASE OF DISPUTE over the terms of this contract, the final decision shall rest with an arbitration board of three persons; one to be selected by each party to this contract and a third to be selected by the other two members.

9. SPECIAL STIPULATIONS (if any) are to be listed in an addendum.

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News and information of interest to Minnesota woodland owners. Sister site to MyMinnesotaWoods.org.

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