Fill and Sign the Arkansas Arkansas Forest Products Timber Sale Contract Form

STATE OF ARKANSAS COUNTY OF ____________________ FOREST PRODUCTS SALE CONTRACT This contract made and entered into on this day by and BETWEEN _____________________ ______________________________________ or ________________________________, a ____________________________ corporation, party of the first part, hereinafter called the "Seller(s)," whether one or more, and _________________________________________ or ________________________________________, a ____________________________ corporation, party of the second part, hereinafter called the "Buyer(s),” whether one or more. WITNESSETH: Article I. For and in consideration of the sum of $____________________ dollars, receipt of which is hereby acknowledged, the Seller hereby agrees to sell and the Buyer agrees to buy all forest products designated for removal by the Seller from property located in the County of _____________________, State of Arkansas, and being described as follows: SEE ATTACHED DESCRIPTION The Buyer agrees to pay at the signing of the contract for the forest products designated for removal. All of the forest products covered by this contract, described below, have been marked or designated by the Seller in the following manner: AIL MERCHANTABLE TREES IN CLEAR-CUT AREA WILL BE SOLD. ALL TREES IN STREAMSIDE MANAGEMENT ZONES MARKED WITH BLUE PAINT WILL BE SOLD. The Buyer represents that he has inspected the sale area and familiarized himself wit h the kind, amount and quality of all products marked or designated by the Seller and covered by this contract. Part I - General Terms Article II. The Seller warrants that he has merchantable title to the products covered by this contract, and that same, is free, of all liens and encumbrances. The Seller grants to the Buyer the right of ingress and egress over the lands of the Seller as may be necessary for removal of products specified by this contract; provided, however, that no mechanized equipment not equipped with rubber treads shall be operated on or across any paved or blacktop surfaced roads on the property of the Seller without first laying planks on the road to prevent direct contact between the vehicle and the road. Any additional easements will be the responsibility of the Buyer. Article III. This contract shall not be assigned in whole or in part without the written cons ent of the Seller and in event of assignment, the terms of this contract shall apply. Article IV. The Seller hereby designates ______________________________ as it’s technical agent and gives said agent the authority to stop all operations of the Buyer on the Seller’s property when it appears that terms of this contract are being violated. Said Seller further grants the Agent, ____________________________________, the right to halt logging operation on day or days when grounds are so wet that logging would cause excessive damage to the land, thus causing extreme erosion, etc. The Buyer agrees to notify the Agent not less than (5) days beginning operations under terms of this contract. Article V. The terms of this contract shall be for a period of _________ months from the date hereof. The Buyer will not be able to harvest timber during ______________________________________________. Any other time period the Buyer may harvest and remove any and all products covered by this contract, and upon harvesting and removal title shall vest in the Buyer. All severance taxes will be borne and paid by the Buyer. Article VI. The Buyer agrees to take all reasonable steps to prevent fire to the timbe r on above described lands and agrees that he will use all available men and equipment to suppress any f ires originating said lands while the Buyer’s operations are in process. The Buyer further agrees to pay the Seller for any and all damage from fire to timber or other property, of the Seller originating through the negligent act or acts of the Buyer, his agents, or employees and that he will further pay the Seller for any expense incurred by the Seller in righting or suppressing said fires. PART II - PERFORMANCE REQUIREMENTS Article VII. Existing logging roads shall be utilized wherever practicable, and upon com pletion of logging must be repaired and left in original condition. Where new roads must be cleared, their location midst be approved in advance by the Seller or his agent. Any unmarked merchantable trees which must he cut to clear a road shall be marked by the Seller or his agent in advance or culling. Said trees shall be purchased from the Seller by the Buyer and paid for at one-half the rates specified in this contract for trees unnecessarily damaged. Damaged trees of desirable growing stock which arc unnecessarily damaged in the course of the Buyer’s operations will be marked for cutting by the Seller or his agent and shall be paid for at the following rates which are considered to be approximately double their stumpage value. Pine Sawtimber $___________ Per 1000 Board Feet, Doyle Scale Hardwood Sawtimber $___________ Per 1000 Board Feet, Doyle Scale Pine Pulpwood $___________ Per Standard Cord Hardwood Pulpwood $___________ Per Standard Cord For purposes of this contract, unnecessary. damage to a desirable tree shall be considered as breakage of the main stem, uprooting, or any abrasion which exposes wood on one quarter or more of the circumference of the main stem, which damage could have been avoided through the use or reasonable care. Unmarked trees of desirable growing stock which are cut due to the Buyer’s negligence or error shall be paid for at the specified rate for trees unnecessarily damaged. If any designed trees are cut by the Buyer prior to payment the total payment for the designated forest products will immediately become due and payable. Article VIII. The buyer shall be responsible for the removal of any tree or bush or portion thereof which is felled in any stream or on any public highway, road, ditch draining the roadway o r felled in a way which obstructs the same in any manner whatever. Article IX. BUYER and subcontractors shall in all things, conform to the requi rements of the Worker’s Compensation Act of the Laws of the State of Arkansas and qualify thereunder as a condition precedent to the performance of this contract. He shall as required by the SELLER, submit satisfactory proof of qualification and conformity of himself and e ach subcontractor with said act. Buyer shall maintain General Liability Insurance with minimum coverage of $______________________ for bodily injury or property damage arising out of a single occurrence. Article X. Endangered Species Clause - BUYER and SELLER take cognizance of the Federal Endangered Species Act. 16 U.S.C. Section 1531 et seq., and the regulations appearing at 50 C.F.R. Section 17, which list endangered and threatened fish, wildlife, and plants, including but not limited to the gopher tortoise, (Goperus Polyphemus). Red-Cockaded Woodpecker (Picoides), the Louisiana Black Bear, and such other species of wildlife, fish, and plants which may from time to time be listed as threatened or endangered. SELLER and SELLER’s AGENT represents that there are no threatened or endangered species of first, wildlife, or plants, or habitat therefore on any of the land subject to this agreement to the best of SELLER’s knowledge. SELLER and BUYER agree that should the presence of any threatened or endangered species or evidence of habitation thereof be found on any of the acreage and the thereon (as is determined by BUYER in consultation with applicable authorities of agencies) a nd BUYER shall be compensated or excused from payment as the case may be for the prorated portion of the purchase price which relates to the affected acreage. Article XI. When the BUYER has completed his operations as authorized by this contract, he shall remove all equipment and other objects located on the property by himself, his agents, or his employees. Fences when damaged by cutting operation will be restored to original conditi on. Roads, skid trails, and loading ramps, will be water barred as necessary to prevent erosion problems. Harvesting operations should comply with the Management Practices attached. A s well as any Management Practices Codes, Rules and Regulations of the State of Arkansas , or any agency thereof, regarding Forest Products. Upon completion of all terms of this contract the BUYER shall notify the SELLER who will make a final inspection. Article XII. If any of the conditions of these Article are violated by the BUYER the S ELLER may, upon giving the BUYER notice in writing, suspend all operations engaged in by the BUYER under this contract until the conditions and requirements of this contract have been complied with and if the BUYER refused to comply with each and every condition and requirement set forth in these Articles and persists therein after notice in writing then t he SELLER may terminate this contract. Article XIII. If Seller(s) or Buyer(s) is a corporation, the person(s) executing this contract agree that they have been authorized by such corporation to execute same. INWITNESS WHEREOF the above contract has been executed on the _____day of _______________________, 20______, at____________________ , Arkansas. __________________________________ ______________________________ Witness Buyer (if individual) __________________________________ __________________________________ __________________________________ Witness __________________________________ __________________________________ __________________________________ ______________________________ Witness Buyer (if individual) __________________________________ __________________________________ __________________________________ Witness __________________________________ __________________________________ __________________________________ ______________________________ Witness Buyer (if corporation) __________________________________ BY:__________________________ __________________________________ Its___________________________ __________________________________ Witness __________________________________ __________________________________ __________________________________ ______________________________ Witness Seller (if individual) __________________________________ __________________________________ __________________________________ Witness __________________________________ __________________________________ __________________________________ ______________________________ Witness Seller (if individual) __________________________________ __________________________________ __________________________________ Witness __________________________________ __________________________________ __________________________________ ______________________________ Witness Seller (if corporation) __________________________________ BY:__________________________ __________________________________ Its___________________________ __________________________________ Witness __________________________________ __________________________________ Acknowledgment for Individual – Buyer(s) STATE OF ______________________ COUNTY OF ____________________ On this day personally appeared before me, a Notary Public, within and for the County and State aforesaid, duly qualified, commissioned and acting, ________________________ and ___________________________ to me well known as the Buyer(s) in the foregoing, and stated that _______________________ and __________________________ have executed the same for the consideration and purposes therein mentioned and set forth. Witness my hand and seal on this ____ day of ________________________, ______. ________________________________ Notary Public, State of Printed Name:____________________ My Commission Expires: _____________________ Acknowledgment for Corporation - Buyer STATE OF _______________________ COUNTY OF _____________________ On this day personally appeared before me ________________________ and _____________________________ to be personally well known, who acknowledged that they were the _______________________ and _______________________ of ___________________ corporation, and that they, as such officers, being duly authorized to do so, had executed the foregoing instrument as Buyer for the purposes therein contained, by signing the name of the corporation by themselves as such officers. WITNESS my hand and seal on this ______ day of ____________________ , ______ ________________________________ Notary Public, State of Printed Name: ____________________ My Commission Expires: _____________________ Acknowledgment for Individual – Seller(s) STATE OF ______________________ COUNTY OF ____________________ On this day personally appeared before me, a Notary Public, within and for the County and State aforesaid, duly qualified, commissioned and acting, ________________________ and ___________________________ to me well known as the Seller(s) in the foregoing, and stated that _______________________ and __________________________ have executed the same for the consideration and purposes therein mentioned and set forth. Witness my hand and seal on this ____ day of ________________________, ______. ________________________________ Notary Public, State of Printed Name:____________________ My Commission Expires: _____________________ Acknowledgment for Corporation - Seller STATE OF _______________________ COUNTY OF _____________________ On this day personally appeared before me ________________________ and _____________________________ to be personally well known, who acknowledged that they were the _______________________ and _______________________ of ___________________ corporation, and that they, as such officers, being duly authorized to do so, had executed the foregoing instrument as Seller for the purposes therein contained, by signing the name of the corporation by themselves as such officers. WITNESS my hand and seal on this ______ day of ____________________ , ______ ________________________________ Notary Public, State of Printed Name: ____________________ My Commission Expires: _____________________