SAMPLE SERVICE CONTRACT
AGREEMENT - PROFESSIONAL FORESTRY SERVICES DATED: ________________________________
AN AGREEMENT by and between LYNNWOOD C. STEPHENS, Registered Forester #317, dba PROFESSIONAL FOREST CARE, (hereinafter called “the Forester”) with office at 203 South Lake Street, East Jordan, MI 49727 ; telephone 231/ 536 - 7347 and ___________________________________________________ (hereinafter called “the Landowner”).
WHEREAS, the Forester is experienced in the practice of professional forestry, and does offer to the Landowner, services relating to the evaluation of standing timber, buying/selling [marketing] of forest products and the supervision of commercial timber harvesting,
and WHEREAS, the Landowner desires to contract for the expertise of the Forester,
NOW THEREFORE, in consideration of the mutual promises contained herein, said parties agree as follows:
1. THE LEGAL DESCRIPTION.
The Landowner does authorize the Forester to conduct an on-site inspection of the Landowner’s property at the location described as follows:
2. THE REPORT OF FINDINGS.
The Forester shall submit a written report to the Landowner , describing the findings of the on-site inspection, which may include the plan to initiate a commercial timber harvest , provided that said forest products observed during the inspection demonstrates sufficient volume, size and quality to warrant consideration for harvest.
3. THE HARVEST PLAN.
The Forester shall submit a written plan to the Landowner, which shall determine the area of treatment, identify appropriate forest management guidelines for the forest types identified, and prepare the necessary documents to directly solicit for the sale of the designated timber.
4. THE OFFER TO PURCHASE.
The Forester shall, within one (1) year of the date of this Agreement, present to the Landowner, a bona fide written offer(s) for the purchase of the afore described forest products. The Landowner reserves the right to accept or reject any offer presented by the Forester during the term of this Agreement.
5. THE FORESTER’S FEE.
The Landowner agrees to pay the Forester, for services rendered, fees according to the following schedule:
A. In the event a commercial timber harvest is not feasible, as stated in the Report of Findings, or the Landowner does not elect to pursue a commercial timber harvest consistent to the recommendations of the Forester, a fee of $200.00 shall be due and payable to the Forester.
B. In the event a commercial timber harvest does occur, a fee of ten per cent, (10%) of the gross stumpage receipts resulting from the sale of forest products harvested shall be due and payable to the Forester. Provision “A” is waived.
C. The Forester shall invoice the Landowner for fee payment during the harvest period with final payment of fees due within ten (10) days of Landowner’s final settlement of revenue received from the sale of forest products.
Services that may be rendered to the Landowner during the course of this Agreement, that are determined to be beyond the scope of this Agreement, shall be billed separately.
The Landowner agrees to reimburse the Forester for the cost of government permits or easements that may be required to initiate the commercial timber harvest.
The Forester shall indemnify and hold Landowner harmless for any and all claims of Forester, Forester’s employees, equipment, or third-parties as a result of any activity of the Forester. The Forester further waives any claims for consequential damages.
Except for claims that originate by any dispute over the terms of this Agreement, all others shall be submitted to arbitration. The Notice to Arbitrate must be given within a reasonable time and in no event greater than the statute of limitations allows. The arbitration shall be a private arbitration board of three (3) persons who shall be paid equally by the Forester and the Landowner. One arbitrator to be selected by the Forester; one arbitrator to be selected by the Landowner; and the third arbitrator to be selected by the other members of the arbitration. The decision of the arbitration board shall be considered final and binding and it may be entered in a court of competent jurisdiction.
8. TERM OF THE AGREEMENT
As specified in this Agreement, obligations of the Forester and Landowner shall terminate upon the delivery of all reports, and payment in full of fees , as stated.
NOW, THEREFORE, THESE PARTIES have acknowledged the conditions set forth in this Agreement.