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

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All timber to be removed shall be marked by Critchelow prior to removal and approved by the City of Decatur Public Works Director or his designee. The City shall approve the location of all skid trails and landing sites prior to their use. Said approval shall not be unreasonably withheld so as to prevent or substantially restrict the harvest operation. Critchelow agrees that its operation and use of equipment in the operation of the timber removal shall not be exercised when weather or ground conditions are such that its use will cause significant damage to City property. SECTION 3. TERM City. This Agreement shall be valid for a period of one (1) year from the date signed by the SECTION 4. TERMINATION City may, without prejudice to any right or remedy, terminate this Agreement upon notice to Critchelow. Upon notice being sent, all logging activities shall immediately cease. All monies due for any logging activities that have already occurred shall be remitted to the City as per this Agreement. SECTION 5. COMPENSATION Critchelow shall pay the City fifty percent(50%) of the proceeds received on veneer logs. Critchelow shall pay the City thirty-three percent (33%) of the proceeds received on grade and pallet logs. In no event shall Critchelow pay to the City an amount less than Twenty-Five Thousand Dollars ($25,000.00) regardless of the amount Critchelow shall receive on the proceeds of the timber. Critchelow shall furnish to City receipts and other documentary evidence and proof of all monies received from all timber removed from the City's property and sold. SECTION 6. NOTIFICATION OF ACTIVITIES Critchelow shall notify the Public Works Director of the commencement of the logging activities at least five (5) business days prior to the commencement of the activity. SECTION 7. INSURANCE Critchelow shall have and maintain for the duration of this Agreement at its own cost and expense, the following policies of insurance for work performed on City property.