Fill and Sign the Contract for Cultivation of Soil between Landowner and Self Employed Independent Contractor Form

Contract for Cultivation of Soil Between Landowner and an Independent Contractor Agreement made on the ____ day of _____________________________, 20___, between _________________________________________________ (Name of Owner) of _____________________________________________________________________ ________________________________________________________________________ ___________________________________ (street address, city, county, state, zip code) , referred to herein as Owner, and _____________________________________________ (Name of Contractor), a corporation organized and existing under the laws of the state of ___________________________________________, with its principal office located at ________________________________________________________________________ ________________________________________________________________________ ____________________________ (street address, city, county, state, zip code) , referred to herein as Contractor. Whereas, Owner desires to have prepared for cultivation approximately _______________ (number) of acres of land located at ___________________________ ________________________________________________________________________ _________________________________________ (street address, city, county, state, zip code) , hereinafter called Land, and being more particularly described as follows: (Legal Description) ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Whereas, Contractor, an independent contractor engaged in the business of clearing land, represents that it is in a position to undertake the clearing of the Land and making the Land ready for cultivation; Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Commencement and Completion Contractor agrees to commence clearing operations on the above-described Land within _____days from the date of this contract, and to prosecute such work with all due diligence until the work shall have been completed under this contract on or before ________________________________________ (date) . 2. Description of Project Contractor agrees to clear the Land of all growth, and to prepare the Land for cultivation, by breaking the Land to a plow depth of from _________________ (number) to ___________________ (number) inches; to remove all roots above such depth by root-raking the Land____________ (number) times, or so many times as may be necessary that at least one of such root-rakings shall go as deep as ______________ (number) inches into the ground; to remove all roots and other debris from the Land; and to drag and landplane the Land so that it is in a proper state for gravity irrigation, such Land clearing to include specifically the following operations: A. Knocking down all brush and trees and raking and burning the same; B. Stacking and burning all roots that have been removed by the root-raking processes, and picking all remaining roots, and either burning all roots or hauling them from the Land; C. Dragging the L and, so as to fill as many holes, pockets and low places as possible with the drag; and D. Landplaning the cleared Land in two directions with a landplane containing either a/or ________ (number) - foot blade, so that the Land will be placed in as good a state as possible for irrigation. 3. Price and Payment As consideration for the clearing operations and other work as specified in this contract to be performed by Contractor, Owner agrees to pay to Contractor $_______________ per acre, such payment to be made to Contractor when the clearing operations are fully completed in accordance with this contract and accepted by Owner. 4. Survey in Case of Dispute If the parties are unable to agree on the exact number of acres cleared under the terms of this contract, the parties agree that a licensed surveyor will be employed to survey the cleared acreage, and the conclusion of the surveyor as to the number of acres cleared shall be binding on the parties. A surveyor employed under the terms of this contract shall be paid jointly by the Owner and Contractor in equal amounts. 5. Land to be Cleared Only land sufficiently level to be properly irrigated shall be cleared by Contractor , and Owner shall be responsible to Contractor only for the clearing of land that can be adequately irrigated by gravity irrigation. 6. Equipment and Labor Contractor will use _________________________________________________ _______________________________________________________________________ (type of equipment) in performing this contract, together with such hand labor as may be necessary for the completion of this contract, so that the Land will be prepared for cultivation on completion of this contract. 7. Status of Contractor and Indemnification of Owner A. Independent Contractor. Work to be performed by Contractor is to be performed by Contractor as an independent contractor, and Contractor is to perform such work in a careful, proficient manner, with the necessary crews, tools, machinery and equipment furnished and maintained by Contractor at Contractor's own cost and expense. B. Indemnification. Owner is in no manner liable for any injuries or damage caused by or to Contractor, Contractor's agents, servants and employees as a result of Contractor's work; and Contractor agrees, as provided in this contract, to indemnify and hold harmless Owner against any such loss or losses. C. Management and Control. All work done by Contractor shall meet the specifications set forth in this contract, and the detailed manner and method of doing the work shall be under the sole control and management of Contractor. 8. Performance Bond Contractor agrees to execute and deliver to Owner a good and sufficient bond with a corporate surety, in the penal sum of $_______________, conditioned on Contractor's faithful performance of this contract, and further agrees to make payment to all persons supplying labor or materials in the prosecution of the work, at such times as they may be entitled to such payment. 9. Liens for Labor and Materials No payment shall become due until Contractor shall deliver to Owner a complete release of all liens arising out of this contract, or receipts in full in lieu of such release and, if required, an affidavit that, so far as Contractor has knowledge or information, the releases and receipts include all the labor and material for which a lien could be filed. If any lien remains unsatisfied after payment is made, Contractor shall refund to Owner all money that the latter may be compelled to pay and discharge in such a lien, including all costs and reasonable attorney fees. 10. Liability Insurance Contractor shall maintain such liability insurance as will protect Contractor from claims under workers' compensation acts and from claims for damages because of bodily injury, including death that may arise from and during operations under this contract. 11. Fences Contractor agrees to leave fences up and in their present condition during the term of this contract. Contractor will be responsible for restoring any fences damaged or destroyed by Contractor's operations. 12. Liquidated Damages For each day the work contemplated in this contract shall remain uncompleted beyond the time set for its completion, Contractor shall pay to Owner $______________ as liquidated damages. Such sum of $______________ per day may be deducted by Owner from money due or to become due to Contractor as compensation under this contract. 13. Termination This contract may be terminated by either party by giving ______days' written notice to the other party in the event of substantial failure to perform in accordance with its terms by the other party through no fault of the terminating party. If this contract is so terminated, payments due for work done prior to termination shall be made as follows: (describe details as to payment) _____________________________________________ _______________________________________________________________________. 14. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 15. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ___________________________________. 16. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 17. Attorney’s Fees In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 18. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 19. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 20. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 21. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 22. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. WITNESS our signatures as of the day and date first above stated. ____________________________________ (Name of Contractor) ___________________________________ By: ________________________________ (Name of Owner) ____________________________________ (Name of Officer and Office in Corporation) STATE OF ______________________________________ COUNTY OF ____________________________ Personally appeared before me, the undersigned authority in and for the said county and state, on this ____ day of ___________________________________, 20___, within my jurisdiction, the within named ______________________________________ (Name of Owner), who acknowledged that he executed the above and fore going instrument. ______________________________ NOTARY PUBLIC My Commission expires: ______________________ STATE OF ______________________________________ COUNTY OF _______________________________ Personally appeared before me, the undersigned authority in and for the said county and state, on this ____ day of __________________________________, 20____, within my jurisdiction, the within named ______________________________________ (Name of Officer) , who acknowledged that he is ________________________________ (Name of Office) of _______________________________________________________ (Name of Corporation) , a ____________________________________________ (name of state) corporation, and that for and on behalf of the said corporation, and as its act and deed he executed the above and foregoing instrument, after first having been duly authorized by said corporation so to do. ______________________________ NOTARY PUBLIC My Commission expires: ______________________ Note: Form of Acknowledgment may vary by state.