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HomeMy WebLinkAbout2000-22340 TIMBER CONTRACT O C7 - a�t3 THIS TIMBER CONTRACT, hereinafter [lie"Contract", made and entered into this 18th day of _Jul y , 2000, by and between INDIAN RIVER COiINTY, having an address of 1840 25`' Street, Vero Beach, Florida 32960 (FEIN. 59-6000674, and telephone number (561)507-8000), liereinafter called "SELLER", and GEORGIA -PACIFIC CORPORATION, a Georgia corporation, having offices at P.O. Box 1040 Palatka, FL 32178-1040 (FEIN: 93- 0432081, and telephone number (904)325-0786), hereinafter called "PURCHASER", WITNESSETH: For and in consideration of the payment to the SELLER by the PURCHASER on the date of the execution of this Contract of the sum of ONE ($1.00) DOLLAR, the receipt and sufficiency of which are hereby acknowledged, SELLER does hereby grant, bargain, sell, convey and warrant unto PURCHASER all of the timber and trees and rights and privileges to all timber and trees as hereinafter described (in Paragraph 5 of this Contract) located on tura( certain tract of land situated in Indian River County, Florida, described as follows, to -reit: North Sebastian Coarsen"afion Area, approximately 300 ac. thereof, located in Fleneing Gwent Sections 29 and 30, & Sec. 06, 7315, R39E, saiel Conservation Arca ►pore pardettlarly described in Atfachenent A to this Contract. This Contract is made subject to the following terms and conditions: I. SELLER covenants, represents and warrants to and with PURCHASER, its successors and assigns, that SELLER is the sole owner in full ownership of the within described properly, rights and privileges hereby conveyed; that SELLER has the right to grant anti convey the timber and trees, rights and privileges hereby granted and conveyed; that the title thereto is merchantable and free and clear of all detects, imperfections and encuni'brances; that SELLER (toes hereby warrant and will forever defend said title to tle same against the claims ofall persons whomsoever; and that PURCHASER, its successors and assigns, shall quietly and peaceably possess and enjoy the same and shall have full title and right to possession of any timber and trees authorized to be cut and removed under the terms of this indenture. 2. Title to the limber and trees sold hereunder an([ all risk of loss shall pass from SELLER to PURCHASER concurrently with the severance or tic timber from the stump. 3. PURCHASER, its successors and assigns, shall have until the 01 st day of August, 2001, to cut the above-mentioned timber. PURCHASER shall have thirty (30) days, or up to sixty (60) days in the event of adverse weatftcr conditions, after term to remove its machinery, equipment and properly, including all timber which was cut prior to the termination date. GPD] PACKDOT Version 2.0 (01100) Paige I o14 F-1 40 10 4. PURCHASER shall not be obligated to cut or remove ally particular quantity or kinds of pine timber (as described below) or to carry oil its operations at any particular time or titnes within the terms hereof, or in any particular manner. PURCHASER may leave ort the property such of the timber or pails hereof as it does not desire to take. 5. The kind of timber subject to this Contract and the price per unit used in calculating the purchase price of timber sold under this Contract are as follows, to -wit; DESTINATION PRODUCT SWNIT 11011 LBSWOM Hawthorne, FL Yellow Pine Plywood 524,75 tots 2000 Hawiliome, FL Sandpine Plywood $9.75 ton 2000 Palatka, FL chip -11 -saw $14.91 ton 2000 Palatka, FL Mainstem. Pine Pulpwood $1.96 ton 2040 Palatka, FL Top;wood $.01 ton 2000 SPECIFICATIONS (Product. Description) Plywood, must be cut to length wl an 8 in, lop at the following dimensions: ITT,'263 ", 34'11 ", 437", or 52'3". It must be relatively knot free, straight, and have a minimum DBI I of 13 in.. on the large end. Sandpine Ply must have a 10 in. toll and can only be delivered in 177" and 263° dimensions. Chip -n -saw must have a 6"top, be knot -free, and gun -barrel straight. It can be cut in 16'6" dimensions or tree -length at 25 1, or better. Maitistem Pine Pulpwood must be a min. of 151. to a 2 112 in. top. it must have a minimum of G" X1111 . This category does not include topwood. Topwood is the tops off the pine pulpwood, chip -n -saw, and ply. Ilicy must have a min. smatl-end diameter of 2 112 im and a minimum teng1h of 15 feel. 6. The total consideration and purchase price of timber Cut hereunder shall be based upon the volumes of timber cut and delivered at the rates specified above. Payment shall be made weekly for timber cut and removed the preceding week. The vohulte of the timber cut and removed will be determined by scalers at the place of delivery, PURCHASER shall furnish SELLER weekly settlement records. The volumes as shown in the settlement records and payments therefore shall be binding upon SELLER unless contested within thirty (30) days following receipt orally settlement records and payments. SELLER acknowledges that prior to the execution of this 'instrument, SELLER or its representative has determined the boundary lines of the above-described property and has fully, accurately, and completely described or clearly marked s' -id boundaries to PURCHASER. SELLER further agrees to defend, protect, and hold PURCHASER, its agents, employees, and independent contractor's, Katz»less from any and all loss, cost, damages, and/or expenses, arising from claims of trespass for any timber cut within the designated boundaries. GPp PACMDOT Version 2.0 (01100) Page 2 of 4 4b 4D 8. PURCHASER herein, its agents, successors or assigns, shall have the usual right of ingress and egress over, through and across the herein described lands with all teams, crews, machinery and logging equipment necessary and required for the purpose of cutting and removing said timber. In addition, SELLER covenants unto PURCHASER that the above-described property either adjoins a public road or, in the alternative, SELLER has permanent access to said property over, through and across properties adjoining the above-described properly, including tile right to take heavy equipment and log trucks across the right-of-way, which PURCHASER, its successors and assigns also are hereby given the right to use. PURCHASER shall have the right to cut, use and remove any timber, trees, undergrowth and brush, tits cutting, use and removal of which may be useful, convenient, necessary or desirable in the exercise of the rights herein granted. 9. SELLER does fttrther agree to place and keep PURCHASER in peaceable possession of the property herein described for the full tern) of this Contract for the purpose of its exercising its rights hereunder; and does further agree not to interfere in any manner with PURCHASER'S exercise of its rights hereunder, by PURCHASER, its officers, agents, servants, or employees. 14. Unless otherwise agreed, PURCHASER shall be liable for severance taxes assessed on timber herein conveyed. 11. The provisions of this agreement shall inure to the benefit of, and shall be binding upon, the parties, their heirs, successors, representatives, and assigns. 12. Neither SELLER nor PURCHASER shall be responsible for non-performance due to strike, lockout, riot, war, civil disturbance, Act of God or other causes (whether or trot of a similar nature) beyond the reasonable control of the parties. At the option of PURCHASER, the terms of this Contract shall be extended for a period of time equal to the time the PURCHASER is prevented from cutting and removing said tiiaibcr due to any of the above occurrences so that the PURCHASER shall have sufficient time to remove said timber. 13. It is agreed and understood between the SELLER and the PURCHASER herein, their successors and assigns, that should any dispute arise as to the terms and conditions of this deed, that said matter will be settled by arbitration of three (3) arbitrators, whose majority decision shall be final and binding upon the parties hereto. Said arbitrators shall be selected by the SELLER selecting one arbitrator, the PURCHASER selecting one arbitrator and tine two arbitrators so selected shall select a third arbitrator. Tire selection of the arbitrators shall be commenced not later than thirty (30) days following ally dispute which may arise and completed with dare and rcasonabic diligence. The period allowed herein for cutting and removal of timber shall be extended au(cimatically for the number of days required for the selection of arbitrators and to complete the arbitration of the dispute. 14. SELLER acknowledges and agrees that PURCHASER shall follow management practices cited in the applicable Best Management Practices, that PURCHASER shall have a reasonable period of time following completion of the harvesting operations to take ail actions upon the property which are Consistent with said management practices and that PURCHASER shall not be liable to SELLER for any incidental damage that may arise as a result of implementation of said nianagenient practices. GPB PACW.DOT Version 2.0(01100) Page 3 of 4 40 40 • 15. In the event that PURCHASER shall, in its sole judgment, be prevented from cutting anchor removing timber prior to the end of the term, PURCHASER shall have the option of extending its rights hereunder for all additional period of six (6) months upon giving written notice to SELLER. lo, This Contract contains the entire understanding and agreement between the parties and it may not be changed or amended except in writing signed by both parties. 2000. WITNESS THE SIGNATURES of the parties hereto this day of , Indian River. County Board of County Commissioners (" SELLER"') By. C AV C I Fran B. Adams, Chairman BCC Approved: July 18, 200,0 GEORGIA -PACIFIC CORPORATION { "PURCHASER") 7/tom This Instrument Prepared in Atlanta, Georgia by: Douglas J. MacGinnitie Georgia-Pacific Corporation 133 Peachtree Street, NE Atlanta, Georgia 30343 404-652-4893 GPD PACN.our Version 2.0(01100) inu�ari ti.a Ca A{�eruwed Oal� I'u gig �7r7 yir, C Page 4 of 4 011 C_3 40 TIMBER CONTRACT ATTACHMENT A (Legal Description: North Sebastian Conservation Area) PARCEL Tract C and that portion of Tract D shown on the REPLAT OF SCHOOL PARR SUBDIVISION, as recorded in Plat Book 2, page 29, public Records of Indian River County, Florida, which lies Hortberly of the center lino of the suction of Main Street which connects Main Street as shown on the said REPLAT OF SCROOI, PARK SUBDIVISION, with Main Strout aS shown an the plat of SEDASTIAN GARDENS SUBDIVISION, as recorded In Plat Book Si Page 50, public Records of Indian River County, Florlda, DESS AND EXCEPT: Those certain Parcels as set forth in Deeds recorded in Official Records Book 866, page 2260, and Official Records Book 066, page 2264, of tho Public Records of Indlan River County, Florida, and as described an follows: P#fldNt## ALI of the following described strip of land lying Fast of !tango 36 Hast and North of the existing Main Street right-of-way. A strip of laud lying 44,00 feet on each side of the following described line. Commence at a concrete monument at the Northwest corner of rut 6, Block 5, RPPLAT OF SCHOOL PARR SUBDIVISION; thence North 00°16'41" West at a right angle to the North line of said Block S. 40.00 foot to a railroad spike being the Point of Beginningi thence South 69°4111911 Neat a dlatnnco of 31.54 foot to a railroad sp uta marking a Pointof curvature; 25"17 thence along tho arc of a curve to the loft having a delta of 25'S3" a radius of 402.90 feet, on arc length of 177.93 feet to a railroad spike marking the point of tangency; thence South 64°23'26" West a dlstnnce of 134.85 feet to a Poiut of curvature; thence along the arc of a curve to the left having a delta of 6'00100" a radios of 2000.00 feet, an arc distance of 289.44 foot to a point sof reverse curvature, thence continue along the arc of a curve to the right havlug a delta of I2°00'00" a radius of 2000.06 feet, an arc distance of 416.06 feet to a Point of reverse curvatura; thence continue along the arc of -e curve to the left having a delta of 6°00'00" a radius of 2000.00 foot, an arc dista;,ce of 209.44 feet to a robar acrd cap stomped LO 04644 sarkitsg a point of compound curvature; thence eootsnuo along the arc of a curve to the left having a delta of 19"32659" a radius of 690.00 foot, an arc distance of 235.43 feet to a railroad spike marking the point of tangency; thence South 44'Se'2711 west a distance of 63.40 feet to a railroad spike marking being the ending point or said description. it is the intent that the Side a • C-1 lines of said strip are to be lengthened or shortened to terminate at the went [inn of said SEBASTIAN GARDENS SUBDIVISION, Luing a portion of Tract "U", REPLAT OF SCHOOOL PARR SUBDIVISION as recorded in Plat Book 1, page 29, Public Records of Indian River County, Florida, being more fully described as follovs: Commence at a coucrote monument at the Northwest corner of L,ot 6, Illock 5, REPLAT OF SCHOOL, PARK SUBDIVISION; thence North 00'18'41" West at a right angle to the North line of said Bleck 5, 80.00 feat to the South line of Tract "D", REPLAT OF SCHOOL PARI{ SUBAIVISIONI thence South 89°41'19" West on said line a distance of 31.54 feet to the Paint of Beginning; thence continue South 89°41`19" Wort a distance of 179,96 feet to a concrete monument marking the Southwest corner of said Tract 11911; thence South 22'25'(17" East a distance of 35,1.9 feet to the North rLght-of-way lino of the proposed Hain Street alignmoat; thence Northeasterly on said lino, atang the arc of curve to the right having a radius of 442.98 feet, a delta of 22"W2611 for an arc distance of 170,92 feet rack to the Point of Beginning. UUM& ij - Being a portion of Tract "C" and Tract "U", REPLAT OF SCHOOL PARK SUBDIVISION as recorded In Plat Dook 1, page 29, Public Records of Indian River County, Florida, being were fully described as folLawsn Commencing at a concrete monument at the Northwest corner of Lot 6, Stock 5, REPLAT OF SCHOOL PARK SUBDIVISION; thence North 00'1.041" Wert at a right angle to the North line of said Block S, 80.00 foot to the North right-of-way line of the proposed Main Street alignment; thence run in a Westerly direction on said right-of-way line along the arc of a curve having a radius of 442.98 foot, a delta of 22'06'26", for an arc distance of 170,92 feet t0 the Point of Beginning; thence continue along the arc of a curve to the left having a radius of 442.98 foot, a delta of 3°11'27", for an are distance of 24,67 feet to a point of tangoncy; thence South 64°23'26" West a distance of 45.02 feet; thoraco, leaving said right-of-way line, run North 0'16113" blest on a Lino parallel to and 50,00 feet West of the West line of Tract "B", REPLAT OF SCHOOL PARR SUBDIVISION, 193,45 feet to a point of curvatura; thence cont9nue along the arc of a curve to the left having a radius of 260,00 foot, a delta of 42'52'37" for an. arc distance of 194.57 foot to the North line of sold Tract "C"; thence North 89'36'46" Last a distance of 99,70 foot to a point of curvattrro; thence Southerly along the arc of a curve to the right having a radius of 340.00 foot, a delta of 7'18'04", for an arc distance of 43.32 foot to a point on the West lino of said Tract "B"; thence South 0"16'13" East along said West line a distance a( 271.30 feet to a cnncrete monuwont marking the Southwest corner of said Tract "B"; thence South 22'25'07" East a distance of 35.19 foot to the North right-of-way line of the proposed Main Street alignmont and the Point of Beginning, 4D 4M 40 PARCEL I1: Lot 1 avid Lot 2, A.A. BI?RRY'S SUBDIVISION, according to the plat thereof flied in the office of the Clerk of the Circuit Court of St. Lucio county, Florida, it) Plat Book 2, page 14, said land now situato, lying and being in Indian River County, Florida; Lots 8, 9, i8, 19, loss the Northwest 20 foot of said Lot 19, Lots 20, 21, 22, 23, 24, 25, 26, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 50, 51, 52, 53, 54, 5S, 58, 59 and 60, all In Section 30, FLP.MING GRANT, according to the plat thereof filed in the Office of the Clark of the Circuit Court of St, Lucie County, Florida, In Plat Hook 1, page 175, said land now situate, lying and beluq in Indian River County, Florida; 12 il 1161 Tracts A, B, C, that portion of 'Tract B lying North of Mala Street, Tracts E, F, G, 11, 1 and J; Lots I through 3, inclusive, Block 3; Lots 1 through 13, inclusive, Block 8; Lots I through 9, inclusive, Block 9; Lots I through 5, Inclusive, Block 10; Lots 1 through 10, inclusive, Block lli Lots 1 through 10, inctusive, Block 12, and Lots and 2, Block A, all In SEBASTIAN GARDENS, a subdivision according to the plat thereof filed in the Office of the Clerk of the Circuit Court of Indian River County, Florida, in Plat Book S, page 58; LESS AND EXCEPT. That part of Tract F as sot forth in Beed recorded In pfricial Records Book 866, page 2260, of the Public Records of Indian River County, Florida, described as follows: EUIQFU 6 ; All of that portion of Tract i:, according to the Plat of SEBASTIAN OARBE:N5 as recorded in Plat Book 5, page 50, Public Records of Indian River County, Florida, Lying within tho folLowing described strip of land. A strip of land lying 40.00 foot on each side of the following described line. Commence at a concrete monumont at the Northwest cornor or Lot 6, Block 5, REPLA7' OF SCHOOL PARK SUBDIVISION; thonca North 00°18'41"Nest at a right vngle to the North line of said Block 5, 40.00 rent to a railroad spike being the Point of Ooginning; thence South 09'41'19" Wast a distance of 31.54 foot to a railroad spike marking a point or curvature; thence along the arc of a curve to the left having a delta of 25'17'53" a radius of 402.98 loot, an arc length of 177,93 feet to a railroad spike marking the point of tangency; thence South 64"73'26" Wort a distance of 134.85 feat to a point of curvatura; thonca 310"2 the arc of a curve to the left having a delta IT M 40 of V o0'Oo" a radius of 2000.00 foot, and arc distanco of 209.44 feet to a point of reverse curvature; thence continue along the arc of a curve to the right having a delta of 12"00'00" a radius of 2900.00 feet, an arc distance of 418.88 fent to a point of rover5o curvature; thence continue along the arc of a curve to the loft having a delta of 6°0+6'00" a radius of 2000.00 foot, an arc distance of 209.44 feet to a rebar and cap sta®pod fl) 04644 narking a point of compound Curvature; thence continue along the arc of a curve to the left having a delta of 19°32159" a radius of 690.00 feet, an arc distance of 235.43 foot to a railroad spike barking the point of tangency; thence South 44'50°27" West a distance of 63.48 feet to a railroad spike being the ending point of said description. It is the intent that the sldo lines of said strip are to be lengthened or shortened to tersinate at the West line of said S MSTIAN GARDENS SUBDIVISION: EARCEL V Roseland Satellite Field, Tract 4, as filed in Official Records hook 77, page 530, Indian River County, Florida, Public Records, ;sore particularly described as follows - Beginning at the East corner of Section 29 of the Fleming Grant, run South 45°09`04" West for a distance of 1,706.27 foot to a point; thence North 44'25'50'" West for a distance of 1,137.55 feat to a point; thence North 01'54'57" East for a distance of 963.48 feet to a point; thence North 45'09`04" East for a distance of 1,009.32 foot to a point; thence South 44'25'58" East for a distance of 1,797.75 foot to the Point of Beginning. Ail lying and being in Indian River County, Florida. "AGC Industrial Tract": Lots 5 through 13 (less the southwest 100 feet for road right-of-way, and less the southeast 100 feet of the northwest 176.30 feet of said Lot 7 for road right-of-way) and Lots 19 and 20, all as recorded on Plat showing subdivision of the Fleming Grant, revised from the Carter Survey, Township 30 and 31 South, Range 38 & 39 East, Brevard and St. Lucie Counties, Florida by A.A. Berry, July 6, 1913, said Plat filed in Plat Book 2, Page 14, Public Records of St. Lucie County, Florida. Said lands situate, lying and being in Indian River County, Florida. `Ansiall Tract Lots 3 and 4, all as recorded on Plat showing subdivision of the Fleming Grant, revised front the Carter Survey, Township 30 and 31 South, Range 38 & 39 Fast, Brevard and SL Lucie Counties, Florida by A.A. Lany, July 6. 1913, said Plat filed in Plat Book 2, Page 14. Public Records of 5t. Lucie County. Florida. Said lands situate, lying and being in Indian River County, Florida.