R2017-69 Agreement for Removal of Certain Trees Critchelow Logging Company

Home Browse Search

AGREEMENT WHEREAS, the CITY OF DECATUR, ILLINOIS, a municipal corporation ("City") owns certain property that has a large amount of trees located on the property; and, WHEREAS, CRITCHELOW LOGGING CO. ("Critchelow") owns and operates a logging company that removes and sells certain timber; and, WHEREAS, the City and Critchelow desire to enter into an Agreement providing for the removal by Critchelow of certain trees on property owned by the City and the sharing of monies earned from the tree removal and sales of the timber. THEREFORE, in consideration of the following terms and conditions, City and Critchelow agree to enter into this Agreement. SECTION 1. USE OF PREMISES City shall permit Critchelow to enter upon the property described in the Agreement and attached as Exhibit "A" for the purpose of removing, harvesting and logging of certain trees as further described in this Agreement. Critchelow covenants and agrees that it will not use or permit the use of the Property in any manner different from that herein described and contemplated or which will result in a violation of any applicable law, ordinance or governmental regulation now or hereafter in force and applicable. Critchelow further agrees that its operations shall not interfere with any City operations or City contractor operations. Critchelow agrees that no trees with raptor nests will be harvested or otherwise disturbed. Upon the expiration of this Agreement or the cessation of activities by Critchelow, whichever occurs first, Critchelow shall surrender the Property to the City in the same or similar condition, tree removal excepted. Any damage other than the actual removal of trees caused by Critchelow in its tree removal activities shall be promptly repaired by Critchelow at its expense including, but not limited to, any damage caused to paved and gravel roads or approaches used by Critchelow in its operations. Critchelow agrees to locate tops in locations that will create natural habitats and so as not to impede or interfere with any other activities, including egress and ingress of vehicles. SECTION 2. PROPERTY LOCATION Critchelow shall be allowed to remove timber located on property described on Exhibit A as 3622 Skyline Dr. Specifically, Critchelow shall be allowed to harvest One Hundred Fourteen (114) trees. Of those, seventy-one (71) shall be white oak, twenty-seven (27) shall be red oak, twelve (12) shall be walnut and four(4) shall be locust.