Fill and Sign the Delaware Timber Sale Contract Delaware Form

STATE OF DELAWARE COUNTY OF ____________________ TIMBER SALE CONTRACT KNOW ALL MEN BY THESE PRESENTS, that this contract made and entered into this day by and BETWEEN ___ ____________________________ _______________________________________ or ____________________, ________________________, a ____________________________ corporation, hereinafter referred to as the "Seller(s),” whether one or more, and _________ ___________________________________ or ________________________ __________________________, a ____________________________ corporation, hereinafter referred to as the "Purchaser(s)," whether one or more, WITNESSETH: That the said Seller, for and in consideration of the sum of Ten and no/100 Dollars and other considerations paid by the said Purchaser, the receipt of which is hereby acknowledged, has granted, bargained, sold and conveyed, and do by these presents hereby grant, bargain, sell, and convey unto the said Purchaser all merchantable timber on their property located in _____________________ County, State of Delaware, and described as follows: DESCRIPTION OF PROPERTY Source of Title: DB _________, Pg ______ TO HAVE AND TO HOLD the same unto the said Purchaser, his successors and assigns, together with the following described rights, powers, and privileges, and subject to the following conditions, limitations, and reverter, that is to say: 1. The right to enter upon said lands from the execution of the timber deed until ___________________________, except when extremely wet conditions exist which may result in excessive damage to the roads and residual stand of timber, to cut, haul, handle, manufacture, and remove from said lands the said timber hereby conveyed, together with the products thereof, which shall include all rights of ingress, egress, and regress on, over, and across said lands owned by the said Seller, necessary for said purposes. 2. The right to use all roads over and across said lands, with the right to lay-out, construct bunching areas, and use such other and additional roads as designated by representatives of both Parties as may be necessary in and about the cutting, hauling, manufacturing, and removing of the said trees and timber hereby conveyed, together with all other rights, privileges, and easements which may be useful in exercising the provisions of this contract. 3. The Purchaser, for himself and for his successors and assigns, agrees that in and about the cutting, hauling, handling, manufacturing, and removing of said timber and the products thereof, and in exercising the rights, powers, privileges and immunities granted herein, to do so in accordance with Management Practices as attached (See Exhibit “A”), or in accordance with Management Practices established by the State of Delaware, and in accordance with good timber cutting practices, by removing the top and limbs from the main tree bole before it is skidded to a bunching area; and not carelessly to injure or damage the remaining timber; and not to damage the fields, pastures, fences, roads, ditches, bridges, or wildlife food plots; and to remove tops, limbs, debris, and garbage from the property lines, fields, pastures, roads, ditches, and bunching grounds on or over said above-described lands to which the Purchaser has the right of ingress and egress; but, if he, or his successors and assigns, does so, he agrees immediately to repair fences and bridges; remove tops and litter from property lines, fields, pastures, roads, ditches, and bunching grounds; and, upon completion of the cutting, to repair the roads to as good or better conditions as exists prior to the cutting. Furthermore, it is agreed and understood that those roads crossing other landowners and used for removing timber products included in this contract, shall be covered under all of the provisions outlined in this contract. 4. It is understood and agreed and made a part of this contract that all of the rights, powers, and privileges herein given and granted shall terminate and be at the end at midnight on ___________________________ and that all of the trees and timber hereby conveyed, whether standing or fallen, which remain on said lands after said date shall immediately revert to and become the property of the undersigned grantors and their successors in title. 5. The Purchaser agrees to notify the Agent of the Seller, ___________________________. or its representatives, five days prior to entering the property. 6. Upon the execution of this contract, Purchaser has deposited with Seller a Cashier’s check in the amount of $___________________, which check is made payable to _______________________________. After the expiration of the contract or the release of the rights hereunder and a final inspection of the harvesting made jointly by the Purchaser and the Seller or his agent, if Purchaser shall have complied with all of its obligations under the terms and provisions of this contract, and shall not have caused any damage to the property of the Seller, Seller or his agents shall return said deposit to Purchaser. However, if Purchaser has caused any unnecessary damage to any property of Seller or has caused any loss, liability, or expense to Seller by reason of any violation of this contract, Seller or his Agent may make a written statement of the amount of such damage, loss, expense or liability, give notice of the same to Purchaser and retain from the proceeds of said check the amount of such statement of damage, loss, expense, or liability. If the aggregate amount of such statement of damage shall be less than the amount of said check, then the remaining balance of the check shall be paid to Purchaser by Seller. If the amount of such statement shall exceed the amount of said check, the Seller may retain all of the proceeds of said check and Purchaser shall pay Seller an amount equal to the excess of said statement. It is understood and agreed that the Purchaser pay to the Seller for any sawtimber trees cut that are not sold according to this contract at the rate of $_______________ per M.B.F. (Doyle Scale) for pine sawtimber and $_____________ per M.B.F. (Doyle Scale) for hardwood sawtimber. It is further understood that the Purchaser pay to the Seller for any pulpwood trees cut that are not sold according to this contract at the rate of $__________ per cord for pine or hardwood pulpwood. 7. All of Purchaser’s operations hereunder shall be at Purchaser’s own expense and by means of Purchaser’s own selection, and shall be exclusively at the risk and responsibility of Purchaser; and Seller shall have no liability either directly or indirectly on account of Purchaser’s operations. Purchaser shall indemnify and hold harmless the Seller against any loss, liability, or expense of any kind incurred on account of personal injury, death, or property damage which may arise (or may be alleged to have arisen) from any operations hereunder by Purchaser or Purchaser’s contractors, employees, agents, or representatives attributable to negligence or other fault on the part of the Purchaser or Purchaser’s officers, agents, employees, or subcontractors. Purchaser acknowledges that the provisions of this sentence were specifically bargained for between Purchaser and Seller. Purchaser shall pay all severance taxes and all other taxes, licenses, and excises required by law to be paid on account of the timber felling and logging operations hereunder. And for the same consideration as expressed hereinabove, the said Sellers do hereby covenant with the said Purchaser, his successors and assigns, that they are seized of an indefeasible title in fee simple to the timber and rights and privileges herein granted; that they have a good and lawful right to sell and convey the same; and, that they will warrant and forever defend the title thereto, subject to the conditions and limitations expressed herein. 8. 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) and 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. Given under our hands and seals this the ______ day of __________________________, 20________. __________________________________ ______________________________ Witness Purchaser (if individual) __________________________________ __________________________________ __________________________________ Witness __________________________________ __________________________________ __________________________________ ______________________________ Witness Purchaser (if individual) __________________________________ __________________________________ __________________________________ Witness __________________________________ __________________________________ __________________________________ ______________________________ Witness Purchaser (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 – Purchaser(s) STATE OF ______________________ COUNTY OF ____________________ BE IT REMEMBERED, That on this ____ day of _____________________ , _____ , personally came before me, the Subscriber, a Notary Public for the State and County aforesaid, ________________________ , party(ies) and Purchaser(s) to this instrument, known to me personally to be such, and acknowledged this instrument to be his/her/their act and. GIVEN under my Hand and Seal of Office, the day and year aforesaid. ________________________________ (signature of notarial officer) ________________________________ (title and rank) (Seal, if any) (My Commission Expires: ______________________ Acknowledgment for Corporation - Purchaser STATE OF _______________________ COUNTY OF _____________________ BE IT REMEMBERED, That on this ____ day of ________________ , _____ , personally came before me, the Subscriber, a Notary Public for the State and County aforesaid, _______________________ , the _______________________ of _____________________, a _____________________ (corporation/partnership) of the State of __________________ , Purchaser and party to this instrument, known to me personally to be such, and acknowledged this instrument to be his/her act and deed and the act and deed of said _____________________ (corporation/partnership), and that such was duly authorized by said _______________________ (corporation/partnership). GIVEN under my Hand and Seal of Office, the day and year aforesaid. ________________________________ (signature of notarial officer) ________________________________ (title and rank) (Seal, if any) (My Commission Expires: ________________________ Acknowledgment for Individual – Seller(s) STATE OF ______________________ COUNTY OF ____________________ BE IT REMEMBERED, That on this ____ day of _____________________ , _____ , personally came before me, the Subscriber, a Notary Public for the State and County aforesaid, ________________________ , party(ies) and Seller(s) to this instrument, known to me personally to be such, and acknowledged this instrument to be his/her/their act and. GIVEN under my Hand and Seal of Office, the day and year aforesaid. ________________________________ (signature of notarial officer) ________________________________ (title and rank) (Seal, if any) (My Commission Expires: ______________________ Acknowledgment for Corporation - Seller STATE OF _______________________ COUNTY OF _____________________ BE IT REMEMBERED, That on this ____ day of ________________ , _____ , personally came before me, the Subscriber, a Notary Public for the State and County aforesaid, _______________________ , the _______________________ of _____________________, a _____________________ (corporation/partnership) of the State of __________________ , Seller and party to this instrument, known to me personally to be such, and acknowledged this instrument to be his/her act and deed and the act and deed of said _____________________ (corporation/partnership), and that such was duly authorized by said _______________________ (corporation/partnership). GIVEN under my Hand and Seal of Office, the day and year aforesaid. ________________________________ (signature of notarial officer) ________________________________ (title and rank) (Seal, if any) (My Commission Expires: ________________________ EXHIBIT “A” Management Practices STREAMSIDE MANAGEMENT ZONES Forest lands within the area immediately adjacent to waters of the State should be managed with specific attention given to measures that can be taken to protect both instream and downstream water quality values. The most important consideration within this zone is that of protecting the integrity of the streambed and streambanks. It does, however, require careful removal of overstory vegetation to insure protection of understory vegetation. The width of Streamside Management Zones should be varied, depending on the following conditions: slope of land, soil erodibility, precipitation, knowledge of particular area, sensitivity of stream, etc. Generally, the steeper the slope the wider the SMZ, and the more gentle the slope the narrower the SMZ. The same holds true for erodible soils: the more erodible the soil the wider the SMZ, and the less erodible the soil the narrower the SMZ. PERMANENT ROADS 1. Roads should be carefully planned. 2. Avoid locations in narrow canyons, marshes, wet meadows and Streamside Management Zones if there is another practical route. 3. Minimize the number of stream crossings. 4. Roads designed for stability with adequate drainage. 5. Except at crossings, locate roads as far as practical from streams. 6. Standing water on a road increases operating costs and is a source of sediment which could be delivered to a stream. 7. As slope increases, diversion structures become more important for reducing the damages caused by soil erosion. Construction of Permanent Roads 1. Use the minimum design standard consistent with the anticipated traffic and reasonable safety. 2. Stumps, logs, and slash should not be covered with fill material and incorporated into road beds. 3. Minimizing the amount of soil exposed will minimize soil erosion. 4. Road slopes should be determined by topography and soil type. 5. Ditches, adequate culverts, drainage dips, water bars, cross drains, etc., should be installed concurrent with construction. 6. Diversion or wing ditches should be used to carry road drainage water. They should empty onto the undisturbed forest floor. 7. Except at crossings, sidecast of fill material should not be placed below the ordinary high water mark of a stream. 8. The exposed soil on the side banks of roads is a source of erosion and road deterioration. Stabilizing the side banks as they are constructed will minimize the problem. Maintenance of Permanent Roads 1. Regular periodic inspection. 2. Drainage devices should be kept open. 3. Back slopes and/or roadbeds may be seeded. 4. Special soil stabilizing materials are available for particularly vulnerable areas. 5. Roads which have a high potential for erosion may be closed to non-essential traffic during wet weather. WATER CROSSINGS 1. Use fords only if stream beds are solid and if the installation of bridges and culverts will accelerate soil movement. 2. Bridges and overflow culverts should be constructed to minimize changes in natural stream beds during high water. 3. Culverts on perennial streams should be installed low enough to allow passage of aquatic life during low water. 4. Dirt fills for bridge approaches should be protected from erosion. 5. Slash and/or construction debris should be removed from streams. 6. Open top culverts, water bars, or broad based dips placed in the road on either side of the stream crossing will minimize water movement down the road and into the stream. TRAILS 1. The basic principals set forth under Permanent Roads should be applied to Permanent Trails: however, techniques should be altered as appropriate. HARVESTING Temporary Access Roads and Landings 1. The location of temporary access roads (logging roads) should be planned before operations begin. 2. Road construction should be kept to a minimum. 3. Landings should be located to minimize the adverse impact of skidding on the natural drainage pattern. 4. Logging roads and landings should be located on firm ground, outside of Streamside Management Zones and above the ordinary high water mark of streams. 5. Landings should be kept as small in area as possible. 6. When operations are completed, provisions should be made to divert water run-off from the landings and roads. Felling 1. Careful felling can minimize the impact of subsequent phases of logging operations. 2. Trees should not be felled into streams, except where no safe alternative exists. In the latter case, such trees should be removed promptly. Skidding 1. Timber cut in Streamside Management Zones should be removed by the method which causes the least damage. 2. Skidding should be done so as to avoid disrupting natural drainage and to prevent excessive soil displacement. 3. Stream channels should not be used as skid trails. 4. Crossings of streams should be minimized. Where crossing is necessary, logs should be moved at right angles to the channel. 5. Temporary crossings utilizing culverts, logs or portable bridges may be required. These should be removed promptly upon completion of use. 6. Skid trails on steep slopes should have occasional breaks, should be water barred. 7. If harvesting must be done during wet weather it is better to log on well-drained sites. Soils are more easily compacted when wet. 8. Litter from the maintenance and repair of equipment should be kept out of streams and preferably should be buried or hauled to legal dumping sites. 9. Servicing of equipment involving fuel, lubricants, or coolants should be performed in places where these materials cannot enter streams. 10. Upon completion of logging, erosion-prone areas can be mulched or seeded. MECHANICAL SITE PREPARATION 1. Avoid excessive soil compaction. 2. Minimize erosion and the movement of sediment into waters. 3. Prevent accumulation of debris in ponds, streams or rivers. 4. Minimize disturbance in Streamside Management Zones. 5. Windrows, disking, bedding and planting with “furrow” type mechanical planters should follow contours. 6. Soil disturbance during shearing and raking operations should be kept to a practical minimum. 7. Shearing and Chopping blades should be kept sharp. 8. Avoid complete disking of steep slopes with extremely erodible soil. 9. If breaks in bedding occur on slopes, they should be stabilized. 10. Wherever possible, discharge water from furrows and disked areas onto vegetated surfaces. 11. Plant trees on contour. FOREST CHEMICALS 1. BMPs are to use these products in accordance with the manufacturer’s instructions and state and federal regulations. No containers or equipment should be washed in any stream. 2. Lines located at right angles to the contour should be avoided. Grades, ditches and water bars should be planned and installed when the line is being constructed. 3. Plowing deep lines with a fire-line plow should be avoided unless necessary. 4. Plowed or dozed lines should never be led directly into a stream or swamp. PRESCRIBED FIRE 1. Most soil erosion problems arising from prescribed burning come from fire lines being improperly installed. 2. Lines located at right angles to the contour should be avoided. Grades, ditches and water bars should be planned and installed when the line is being constructed. 3. Plowing deep lines with a fire-line plow should be avoided unless necessary. 4. Plowed or dozed lines should never be led directly into a stream or swamp.