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HomeMy WebLinkAboutResolution - 2003-R0448 - Cattle Grazing Agreement - Crofoot Cattle Company - 10_09_2003Resolution No. 2003-RO448 October 9, 2003 Item No. 60A RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Cattle Grazing Agreement by and between the City of Lubbock and Crofoot Cattle Company, Inc., for grazing rights at the Hancock Land Application Site, and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Terry Ellerbrook Director of Public Works APPROVED AS TO FORM: Richard K. Casner First Assistant City Attorney RKC/ke/CattleGrazing.Crofoot. accptd.Reso October 2, 2003 9th day 2003. Resolution No. 2003-RO448 October 9, 2003 Item No. 60A CATTLE GRAZING AGREEMENT Each of the following parties set forth in Paragraph I below agree as follows: 1. PARTIES. 1.1 The CITY OF LUBBOCK, TEXAS, a Municipal Corporation referred to as "CITY," 1.2 TERRY CROFOOT, referred to as "CONTRACTOR". 2. RECITALS. 2.1 CITY conducts farming operations upon certain land owned by the City of Lubbock in Lynn County, Texas (the "HLAS") where the primary purpose is the lawful disposition of sewage effluent. 2.2 CITY and CONTRACTOR desire to enter into a written agreement to govern the grazing of cattle by CONTRACTOR on the HLAS pursuant to the terms and conditions herein set forth. 3. AGREEMENT. 3.1 Description of Grazing: This contract governs cattle which are placed for grazing on the HLAS. No rights to graze any other real property owned by the CITY, including without limitation, the Lubbock Land Application Site, are granted herein. The period for grazing of the CONTRACTOR'S cattle under this Contract shall be from October 9, 2003 to December 1, 2003. This Contract shall terminate on December 1, 2003. All of the cattle upon the HLAS shall be removed on or before December 1, 2003. No cattle may be grazed upon Plot 13 at the HLAS. 3.2 Description of Cattle: The exact number of beef cattle to be grazed will be mutually agreed upon by CONTRACTOR and CITY at the time the HLAS is stocked. No dairy cattle may be grazed upon the HLAS. 3.3 RENTAL. CONTRACTOR agrees to pay $15 per head per month for grazing, payable each thirty (30) days. At the end of each thirty (30) day period and the final removal of the cattle from the HLAS, the cattle will be gathered and counted by the CONTRACTOR, with the cooperation of the CITY and such account shall be the basis of payment by the CONTRACTOR for the period since the last counting and payment. Without regard to the periodic counting provided in this paragraph, payment shall be due for any cattle removed from the HLAS during the term of this Contract, at the time of such removal. Statements shall be presented reflecting payments due from the CONTRACTOR to the CITY and all statements are due and payable in full within ten (10) days of the date of each thirty (30) day statement. Notwithstanding anything to the contrary herein, no cattle shall be removed from the HLAS prior to payment for grazing as set forth herein. 3.4 RESPONSIBILITIES OF CONTRACTOR. The CONTRACTOR is to provide all labor, medication, supplements and services necessary for the care of the cattle, which are the subject of this Contract, and CITY has no responsibility for the care of the cattle. The cattle "caretaker(s)" appointed by the CONTRACTOR shall be approved by the CITY prior to access onto the HLAS and may be required to provide references and performance history. 3.5 ADDITIONAL FEED. It is understood that if the CITY has available hay or other roughage which has been produced on the HLAS, then during periods of excessive damage by migratory birds which results in grazing being reduced or not available, the CITY shall, in its sole discretion, make such hay or roughage, to the extent of reasonable availability to the CITY, for use by the CONTRACTOR in feeding the cattle covered by this Contract without additional charge to the CONTRACTOR. 3.6 AVAILABILITY OF WATER. The CITY shall be responsible for making available groundwater of suitable drinking quality for the cattle of the CONTRACTOR at locations in each pasture, the exact locations to be determined by the CITY. 3.7 REMOVAL OF CATTLE. All amounts due the CITY under this grazing Contract must be paid prior to the removal of the cattle by CONTRACTOR. 3.8 COMPLIANCE WITH REGULATORY AUTHORITIES. CONTRACTOR understands that this Contract is subject to and is subordinate to disposal of sewage effluent at the HLAS, including requirements of the Texas Commission on Environmental Quality, the Environmental Protection Agency, the City of Lubbock and other State and Federal regulatory authorities having CROFOOT CATTLE GRAZING AGREEMENT Page 2 of 5 jurisdiction. It is expressly agreed and understood by CONTRACTOR that, in the event of a conflict between the operation of the HLAS for disposal of sewage effluent and for cattle grazing, CITY will give priority to the requirements of sewage disposal. 3.09 INDEMNITY AND LIABILITY. CITY shall not have any responsibility for the condition of or care of the cattle of the CONTRACTOR, which are the subject of this Contract. The CONTRACTOR agrees to indemnify and hold the CITY harmless from liability for injury or death to the CONTRACTOR'S cattle during the term of this Contract. CITY is not liable to CONTRACTOR for loss of cattle, including without limitation, loss occasioned by disease, natural causes or theft. 3.10 INSURANCE. The CONTRACTOR shall have Farm Owners Liability Insurance with limits of $100,000. CONTRACTOR shall have Automobile Liability Insurance with limits of $100,000 Combined Single Limit, to include all owned and nonowned cars and trailers. The CITY is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. CONTRACTOR shall name the CITY as additional insured on the above policies as well as provide a waiver of subrogation in favor of the CITY. CONTRACTOR agrees to indemnify and hold CITY harmless from consequences of negligence of agents and employees of CONTRACTOR resulting in loss or injury to third parties. CONTRACTOR agrees to provide CITY with proof of liability insurance. 3.11 ASSIGNMENT. This Contract may not be assigned or subcontracted by CONTRACTOR without the prior written approval of the CITY. The City Council of the CITY delegates the right to approve or disapprove any desired assignment by CONTRACTOR to the Director of Public Works of the CITY. 3.12 TERM. This Contract shall terminate on December 1, 2003. CROFOOT CATTLE GRAZING AGREEMENT Page 3 of 5 3.13 FENCES. CITY shall maintain fences on the HLAS during the term of this Contract. 3.14 CORRALS - PENS - LOADING FACILITIES. The CITY, in cooperation with the CONTRACTOR, shall provide reasonable corrals, working pens and loading facilities to accommodate the need of the CONTRACTOR at locations mutually approved by both parties. 3.15 BINDING EFFECT. This Contract shall be binding on the parties hereto, the heirs, legal representatives, successors and assigns. 3.16 VENUE. This Contract is partially performable in Lubbock County, Texas. Exclusive venue shall solely lie in Lubbock County, Texas, for any disputes arising under or related to this Contract. SIGNED AND EXECUTED on this the 9th day of October , 2003. CONTRACTOR: TERRY CROFOOT &6&#— T y Crclf6o4 - 0 - CITY OF LUBB CK: MAC WCDOtGAL, MAYOR ATTEST: �k 0.�-p -,- � Rebecca Garza. City Secretary CROFOOT CATTLE GRAZING AGREEMENT Page 4 of 5 APPROVED AS TO CONTENT: Terry Eller ook, Director of Public Works APPROVED AS TO FORM: Richard K. Casner First Assistant City Attorney RKC/.ke/cityatt/Richard/Cattle Grazing Agrmt.Crofoot.accptd October 3, 2003 CROFOOT CATTLE GRAZING AGREEMENT Page 5 of 5