timber offering

Joseph Zorzin redoak at forestmeister.com
Mon Oct 27 04:15:51 EST 1997


ForestFair wrote:

>   I've gotten a lot out of the timber offering discussion, as I'm in the
>  process of revising a timber sale contract for our own timber, which will be
>  shown two times in the next week (by a consulting forester).
> 
> ForestFair at aol.com

Well, I just drafted a contract for my recent sale. I use MS Word 7.0
for Win95 but I converted it to ASCII to place here. It's not the final
version as I need to go over it with the client but it's close. It looks
real snazzy in the Word format with many fonts and even graphics- moose,
bear, Playboy of the month, whatever.
-----------------------------------------------------------------
Joseph Zorzin & Associates
Forestry Consultants
PO Box 232
Housatonic, Ma 01236
Date:10/27/97

TIMBER CONTRACT

Agreement  made this XXXX between XXXX hereinafter called the SELLER
which expression shall include their heirs, assigns and trustees, where
the context so admits, of the one part and XXXXX hereinafter called the
BUYER, which expression shall include executors, administrators, assigns
and agents of the other part.  In consideration of XXXXX the SELLER
hereby agrees to bargain, sell and convey all right, title and interest
and the BUYER to purchase said interest in all merchantable trees
amounting to an estimated XXXXX thousand board feet and XXXXX   cords
firewood and  XXXXX cords pulpwood, designated by Joseph Zorzin,
forestry consultant, by orange paint spots at breast height and on the
stump, on a portion of the SELLER’S property described as follows:
along XXXX St. in XXXXXXX.

Conditions of the Contract

1. Only marked trees will be taken and the purchaser will pay as
liquidated damages three times the stumpage value for any unmarked trees
cut.  Butt wounds on remaining trees are to be strictly avoided.  An
assessment of the damage will be made by Joseph Zorzin and deducted from
the bond.
2. Major skid roads and landings are restricted to those laid out by
Joseph Zorzin.
3. Upon completion of the harvest the landing area must be cleaned up as
follows:  The site must be graded and all blocks pushed back into the
woods or removed from the property. The landing will be graded by a
bulldozer to the original condition and grass seed spread over the
impacted area.
4. Slash will be lopped immediately after dropping the tree prior to
logs from the tree being removed.  The slash must be cut to 3 feet of
the ground.
5. Title to all timber remains with the SELLER until paid for, and no
cutting may be initiated until the timber is paid for in full.
6. The  BUYER shall, to the satisfaction of Joseph Zorzin, remove all
garbage, trash, litter, discarded equipment or parts, waste materials,
or other refuse resulting from the logging operation.
7. Upon completion of all harvesting work a bulldozer will be used to
doze any skid trails that are not fully reparable with the skidder.
Existing bulldozed woods roads that are used in this harvest MUST be
redozed original conditions.
8. The paint mark on the stump must remain visible after cutting and
removing the tree.
9. A cash performance bond in the sum of 10% of the sale price must be
furnished to the SELLER by the BUYER before he may start the logging
operation.  The bond will be held by Joseph Zorzin.
10. The BUYER shall have one year from the signing of this contract to
fulfill all conditions of this contract. There will be no extension of
this contract and the BUYER is encouraged to complete the work as soon
as possible when weather conditions are appropriate.
11. Any breach of conditions of this contract will be cause for stopping
all work until said breach of contract is rectified.
12. The BUYER agrees not to make claims against the SELLER or his agents
for any injury, loss or damage to persons or property resulting from
this contract.
13. Skidding and trucking on the property of the SELLER may only be
carried out when the ground is frozen or dry enough to avoid rutting and
erosion .
14. The BUYER must inform Joseph Zorzin of the starting date of the
logging work within 3 days of starting.  A copy of this contract and the
cutting plan will be given to the logging crew by the BUYER and said
logging crew will retain it whenever on the property of the SELLER.
15. The BUYER shall be fully responsible for any damage done to town
roads as a result of this logging operation.
16. The culvert on the main skid road at the northwest corner of the
pond shall have a load of gravel deposited over it and the approaches to
it to raise the ground level by one foot.  An alternative to this action
is the use of a solid bridge (not logs) long enough to protect the
culvert and the banks of the steam channel.
17. No tops may be left within 100 feet of the pond.
18. Harvesting work is allowed on weekends but no timber dropping or
bucking may occur within 500 feet of the houses and garages on this
property and no work before 9:00 AM on those days except the loading of
log trucks at the landing. No work may occur on national holidays such
as Christmas, Easter, July 4 and Labor Day without the permission of the
landowner.
19. The BUYER must provide a certificate of insurance to the SELLER and
a copy to Joseph Zorzin.
20. All marked trees must be cut down.  If the BUYER decides to not
remove the logs from the tree he must still drop the tree and cut it
into sections to not exceed 8 feet in length.  The BUYER is not
permitted to kill the tree by girdling it. An exception to this clause
is found in clause #22.
21. Log skidders, log trucks or any other kind of heavy equipment may
not enter the property via the driveway to the homes on this property. 
Harvesting workers may access the pond via the driveway but only with a
pickup or smaller vehicle.  The BUYER and his employees do NOT have
permission to be on the property for hunting, fishing or any other
purpose other than the carrying out of this timber project.
22. Some of the trees marked in the area between the pond and the house
may be difficult to drop and remove without damaging the lawn or the
footbridge over the pond's dam.  If the BUYER decides that damage to the
lawn is likely, he is encouraged to leave those trees standing as the
BUYER will be responsible for any such damage.  The BUYER has viewed
these trees prior to preparing his bid and has adjusted his bid to
account for any trees that he feels he must leave standing in this area.



SELLER 	____________________	
ADDRESS	____________________	
DATE	____________________

BUYER 	____________________	
ADDRESS	____________________	
DATE	____________________

WITNESS 	____________________	
ADDRESS	____________________	
DATE	____________________



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