Form 2400-005 - Timber Sales Contract Template (Page 6 of 8) in pdf

Table 1.Thresholds for soil disturbances.

Timber Sale

Infrastructure

Soil disturbances are excessive if:

Roads, Landings, Skid



A gully or rut is 6 inches deep or more and is resulting in channelized flow to a

Trails, and General

wetland, stream, or lake.

Harvest Area



In a riparian management zone (RMZ) or wetland, a gully or rut is 6 inches deep

Roads, Landings, and

or more and 100 feet long or more.



Primary Skid Trails

In an upland area (outside of RMZ), a gully or rut is 10 inches deep or more and

66 feet long or more.

Secondary Skid Trails and



A gully or rut is 6 inches deep or more and 100 feet long or more.

General Harvest Area

Note:

The depth is to be measured from the original soil surface to the bottom of the depression. If individual lug

depressions are visible, the depth would be measured to the lesser of the two depths (the "top" of the lug).

The length is measured from the start of the “too deep” section to the end of the “too deep” section.

Measurements are not cumulative.

Prior to sale completion the Purchaser shall mitigate and repair soil disturbances to the Seller’s

satisfaction.

d. Other restoration requirements (e.g. repair of soil disturbance or rutting on recreational trails used for

skidding):

(1)

(2)

20. OTHER APPROVALS. Logging roads that intersect town, county or state roads or highways must have the

intersections approved by the proper authorities prior to construction and cleared of all unsightly debris at the

time of construction. The Purchaser agrees to apply for and obtain all approvals. The Purchaser also agrees to

fully comply with all terms and conditions of intersection approvals.

21. SURVEY MONUMENTS. The Purchaser agrees to comply with s. 59.635, Wis. Stats., regarding perpetuation

of landmarks and pay for the cost of repair or replacement of property or land survey monuments or accessories

which are removed, destroyed or made inaccessible.

22. INDEMNIFICATION. The Purchaser agrees to protect, indemnify and save harmless the Seller and the Seller's

employees and agents from and against all causes of action, claims, demands, suits, liability or expense by

reason of loss or damage to any property or bodily injury to any person, including death, as a direct or indirect

result of operations under this Contract or in connection with any action or omission of the Purchaser, who shall

defend the Seller and the Seller's employees and agents in any cause of action or suit.

23. INDEPENDENT CONTRACTOR. The Purchaser is an independent contractor for all purposes, including

worker's compensation, and not an employee or agent of the Seller. The Seller agrees that the undersigned

Purchaser shall have the sole control of the method, hours worked, time and manner of any timber cutting to be

performed hereunder and takes no responsibility for supervision or direction of the performance of any of the

harvesting to be performed by the undersigned Purchaser or of the Purchaser's employees except for the limited

right of the Seller to cease operations under clause 2.b. or for breach of this Contract. The Seller further agrees

it will exercise no control over the selection and dismissal of the Purchaser's employees.

24. INSURANCE; NOTIFICATION.

Unless the Purchaser is exempted by the Seller from this coverage requirement as an independent

contractor, as defined in s. 102.07(8)(b), Stats.,and as determined by the Seller based on an affidavit

submitted to it, the Purchaser agrees to elect to maintain worker's compensation insurance coverage for the

cutting operation under this Contract and any and all employees engaged in cutting on the Seller's land

during the period of this Contract regardless of any exemptions from coverage under chapter 102, Wis.

Stats.

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Form 2400-005 - Timber Sales Contract Template Page 6

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