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HomeMy WebLinkAboutResolution - 2006-R0194 - Grazing Agreement - Terry Crofoot - Lubbock Land Application Site - 04_26_2006 (2)Resolution No. 2006-RO194 April 26, 2006 Item No. 5.23 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 Grazing Agreement by and between the City of Lubbock and Terry Crofoot, for grazing rights at the Lubbock Land Application Site, and all related documents. Said Grazing 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: Reb cca Garza, City Secretary APPROVED AS TO SO` mamas Adams Deputy City Manager 26th APPROVED AS TO FORM: , - L 'r- D, u'. , ) J Anita E. Burgess City Attorney ml/ccdocs/CattleGrazing. LLAS-Crofoot.res April 18, 2006 day of April , 2006. AR DOUGAL, MAYOR GRAZING AGREEMENT Resolution No. 2006-R0194 April 26, 2006 Item No. 5.23 This Agreement is made this 26th day of April , 2006, by and between Terry Crofoot (the "Contractor"), whose mailing address is P.O. Box 53188, Lubbock, Texas 79453-3188, and the City of Lubbock, a Texas Home Rule Municipal Corporation (the "City"), whose mailing address is P.O. Box 2000, Lubbock, Texas 79457. ARTICLE I GRANT 1.01. In consideration of the mutual covenants and agreements set forth in this Agreement, subject to the terms, provisions and limitations set forth herein, City grants Contractor the right to graze cattle upon the surface estate only of a portion of the property of the City commonly known or referred to as the Lubbock Land Application Site, located in Lubbock County, Texas (the "LLAS"), as directed by the City and as provided herein. The LLAS is approximately depicted on Exhibit "A", attached hereto and made a part hereof. It is expressly agreed and understood that this Agreement does not grant any rights, of any kind or nature, in the real property owned by City. 1.02. It is expressly agreed and understood that the rights granted herein are expressly limited to the grazing of beef type cattle (i.e., no dairy or dairy type cattle), as set forth in this Agreement. All other uses of the LLAS by Contractor are expressly prohibited and City reserves the rights -to all other such uses. ARTICLE II AGREEMENT TERM 2.01. The term of this Agreement shall be five years, from April, 26, 2006, to April, 26, 2011, unless terminated earlier pursuant to the terms hereof. LLAS Grazing Agreement Page 1 of 16 2.02. This Agreement shall terminate without further notice, unless terminated earlier pursuant to the terms hereof, when the term specified in this Article II expires. Contractor shall immediately vacate the LLAS upon the expiration or termination of this Agreement. Any holding over by Contractor shall not constitute a renewal of this Agreement nor give Contractor any rights under this Agreement or to the LLAS. ARTICLE III GRAZING FEES 3.01. During the term of this Agreement, Contractor shall pay to City $116.80 per head per year, being $0.32 per day, for each dry cow, bull, cow/nursing calf pair and/or weaned calf for grazing, payable on or before the tenth (lot) day of each following month. On the last day of each month and at the final removal of the cattle from the LLAS, 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 to 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 premises during the term of this Agreement, 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 on or before the tenth (loth) day of the following month. Notwithstanding anything to the contrary herein, all amounts due the City under this Grazing Agreement must be paid prior to the removal of any cattle from the LLAS by Contractor. ARTICLE IV EFFLUENT APPLICATION 4.01. Contractor hereby expressly agrees and stipulates that the primary purpose and use of the LLAS is as an effluent disposal site for effluent produced by the City. Due to LLAS Grazing Agreement Page 2 of 16 its intended purpose and issues related to weather, competing effluent demands, mechanical and/or pumping difficulties and various other related matters, portions of the LLAS may not receive effluent in quantities and at times necessary for optimum growth of crops for grazing purposes on the LLAS. Additionally, Contractor hereby expressly stipulates and agrees that, due to the above described issues, instances may occur in which portions of the LLAS may receive effluent in excess of the quantities and at times within permitted parameters but less than optimum to the ideal needs of crops. 4.02. The City shall have the sole right of control over each and every system of effluent application and/or irrigation located upon the LLAS. The City reserves all rights in and to the LLAS necessary to exercise whatever control it deems necessary, as it determines in its sole and absolute discretion, to effectuate such irrigation and effluent application activities. It is expressly agreed and understood that the City has the right to apply and/or irrigate effluent upon the LLAS on such lands, at such times, and in such quantities, or to refuse to apply and/or irrigate such effluent upon the LLAS, as it shall deem necessary, in its sole and absolute discretion, or as required by regulatory authorities. Contractor shall have no rights whatsoever regarding the effluent irrigation or application upon the LLAS, including without limitation, the timing and amounts of irrigation or land application or the lands upon which irrigation or land application shall occur, if any. 4.03. Contractor expressly recognizes and stipulates that the grazing of the LLAS will be under a strict management regime. The management practices at LLAS are expected to be dynamic in nature, and as such, it is anticipated that grazing management practices may be altered during the term of this Agreement. It is hereby expressly understood and stipulated by Contractor that only a portion of the LLAS, as dictated by City, shall be LLAS Grazing Agreement Page 3 of 16 available for grazing by Contractor at any specific time. THE CITY SHALL HAVE THE RIGHT TO DICTATE (i) THE NUMBER OF CATTLE GRAZED UPON THE LLAS; (ii) THE TIMES AT WHICH THE CATTLE GRAZE UPON THE LLAS; (iii) THE AREAS OF THE LLAS GRAZED BY CONTRACTOR'S CATTLE; AND (iv) ANY AND ALL OTHER ASPECTS OF THE MANAGEMENT OF THE LLAS, THE IRRIGATION OF THE LLAS, AND THE GRAZING OF THE LLAS, THAT CITY SHALL DEEM NECESSARY OR ADVISABLE, IN ITS SOLE AND ABSOLUTE DISCRETION. Notwithstanding the generality of the foregoing, the following conditions shall be imposed upon the grazing of Contractor's cattle upon the plots at the LLAS: i. Each application plot shall be managed individually. Further, each or some of the plots may contain small livestock exclosure areas utilized to measure plant material yield. ii. Each plot must have a stand of forage that covers a minimum of 75% of the ground surface prior to initiating, and during grazing. iii. A 60 lb/ac/yr discount in the annual application of plant available nitrogen (PAN) will be made in the defined effluent application rate to account for the nitrogen recycled as a result of grazing the LLAS. iv. The application of plant available nitrogen will continue to be further discounted by the amount of residual soil nitrogen found in the application plot immediately prior to the grazing activity. V. Grazing is planned for 2 of the 4 crop management areas of the LLAS, and will be rotated among the 4 crop management areas each year. The crop management areas are approximately depicted on Exhibit `B", attached hereto LLAS Grazing Agreement Page 4 of 16 and may be altered or amended by the City at any time during the term hereof. It is understood by Contractor that cattle grazing is utilized by the City as a harvest option to maintain the forage in an optimal growth pattern throughout the year. vi. Cattle stocking density shall be maintained at an average of less than 1 animal unit per acre of land wherein effluent application occurs, per year, during periods of grazing. vii. Grazing shall be discontinued or the grazing population decreased when the forage is grazed to a point of growth stress in which the forage is no longer in an optimal growth pattern. viii. Cattle shall be moved or grazing populations changed, as dictated by the City, at grazing intervals to allow each application plot to continue a cyclical pattern of (i) vegetative growth; (ii) removal by grazing; and (iii) regrowth, throughout the year. 4.04. CONTRACTOR HEREBY RELEASES CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS, EMPLOYEES AND INDEPENDENT CONTRACTORS, FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, COST, OR DAMAGE, OF ANY KIND OR NATURE, INCURRED, SUSTAINED, RELATED TO, OR AS A RESULT OF EFFLUENT APPLICATION AND/OR IRRIGATION UPON THE LLAS, OR THE LACK THEREOF, INCLUDING, WITHOUT LIMITATION, EFFLUENT APPLICATION BEYOND NORMAL CROP REQUIREMENTS OR BELOW NORMAL CROP REQUIREMENTS, INCLUDING THE COMPLETE CURTAILMENT OF SUCH APPLICATION AND/OR IRRIGATION, AND FURTHER INCLUDING, WITHOUT LLAS Grazing Agreement Page 5 of 16 LIMITATION, ANY LOSS, LIABILITY, COST, OR DAMAGE RELATED TO THE SOLE, CONCURRENT AND/OR GROSS NEGLIGENCE, OF ANY KIND, TYPE, DEGREE OR NATURE, OF CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS, EMPLOYEES OR INDEPENDENT CONTRACTORS. ARTICLE V RESPONSIBILITY OF CONTRACTOR 5.01. Contractor shall graze the applicable portion of the LLAS, in the manner and with the number of cattle, as directed by City, to (i) follow the grazing management practices described in Section 4.03, above; and (ii) allow City to maintain a proper water balance regarding optimum effluent disposal activities. CONTRACTOR HEREBY EXPRESSLY AGREES AND STIPULATES THAT THE NUMBER OF CATTLE TO BE GRAZED MAY INCREASE OR DECREASE (TO AS LITTLE AS NONE) WITHIN THE TERM OF THIS AGREEMENT, AS DIRECTED BY CITY, IN ITS SOLE AND ABSOLUTE DISCRETION. Contractor shall, within sixty (60) days after written notice by City, increase or decrease the number of cattle upon the LLAS, as directed in the notice. 5.02. The Contractor shall provide no less than one "caretaker", and all other necessary labor, medication, supplements and services necessary for the care of the cattle grazed upon the LLAS, and City has no responsibility for the care of the cattle. The cattle "caretaker(s)" and other laborers appointed by the Contractor shall be approved by the Deputy City Manager of the City, or his/her designee, in his/her sole and absolute discretion, prior to access onto the LLAS and may be required to provide references and performance history of such individuals. 5.03. Contractor shall keep accurate day-to-day records, on a plot by plot basis, of cattle movement including, without limitation, dates and numbers received, dates and LLAS Grazing Agreement Page 6 of 16 numbers shipped, weight gains (for yearling cattle and at the end of the grazing season only) and death loss. The records are to be provided to, and reconciled with, on a daily basis, the land application office of the City. CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY RELEASES CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS, EMPLOYEES AND INDEPENDENT CONTRACTORS FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, COST, OR DAMAGE, OF ANY KIND OR NATURE, INCURRED, SUSTAINED, RELATED TO, OR AS A RESULT OF THE ACTIVITIES CONTEMPLATED BY THIS AGREEMENT OR CONTRACTOR'S OCCUPATION OF THE LLAS, INCLUDING WITHOUT LIMITATION, SICKNESS OR DEATH LOSS, FROM ANY CAUSE, AND STRAYING CATTLE, AND FURTHER INCLUDING, WITHOUT LIMITATION, ANY LOSS, LIABILITY, COST OR DAMAGE RELATED TO THE SOLE, CONCURRENT AND/OR GROSS NEGLIGENCE, OF ANY KIND, TYPE, DEGREE OR NATURE, OF CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS, EMPLOYEES OR INDEPENDENT CONTRACTORS. 5.04. Contractor shall procure and carry, at its/his/her sole cost and expense through the life of this Agreement, insurance protection as hereinafter specified, in form and substance satisfactory to City, carried with an insurance company authorized to transact business in the State of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, whether performed by the Contractor, employee of Contractor or other third party. A Certificate of Insurance specifying each and all coverages and a true and correct copy of each of the policies required herein shall be submitted to City prior to execution of this Agreement. Further, Contractor shall provide to City proof of the below -described insurance on or before fourteen (14) days prior to the expiration date of each LLAS Grazing Agreement Page 7 of 16 expiring policy, and cause each such policy to require the insurer to (i) give notice to the City, as specified herein, of termination of any such policy sixty (60) days before such termination is to be effective; and (ii) contain a waiver of any and all of the insurer's rights to subrogation that any such insurer or insurers may acquire by virtue of payment of any loss under such insurance. A. Comprehensive General Liability Insurance. Contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 combined single limit in the aggregate and per occurrence. The City shall be named as primary additional insured in such policy. B. Comprehensive Automobile Liability Insurance. The Contractor shall have Comprehensive Automobile Liability Insurance, with limits of not less than bodily injury/ property damage $1,000,000 combined single limit, to include all owned and nonowned vehicles, including employer's nonownership liability hired and nonowned vehicles. The required Automobile Liability Insurance shall include coverage for environmentally related bodily injury and property damage. The City shall be named as primary additional insured in such policy. 5.05. CONTRACTOR SHALL INDEMNIFY AND HOLD CITY AND CITY'S ELECTED OFFICIALS, OFFICERS, AGENTS, EMPLOYEES AND INDEPENDENT CONTRACTORS HARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, COSTS, LIABILITIES AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, AS A RESULT OF, ARISING FROM OR RELATED TO THE CONTRACTOR'S USE OR OCCUPATION OF THE LLAS, OR ANY OTHER MATTER RELATED TO CONTRACTOR'S OPERATIONS UNDER THIS AGREEMENT, OR FROM ANY ACT OR OMISSION OF ANY KIND OR TYPE BY CONTRACTOR, CONTRACTOR'S AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, GUESTS, OR INVITEES IN OR ABOUT THE LLAS, AND INCLUDING ANY AND ALL CLAIMS, DEMANDS, LLAS Grazing Agreement Page 8 of 16 DAMAGES, COSTS AND EXPENSES CAUSED, IN WHOLE OR PART, BY THE SOLE, CONCURRENT AND/OR GROSS NEGLIGENCE, OF ANY KIND, TYPE OR DEGREE, OF CITY, CITY'S ELECTED OFFICIALS, AGENTS, OFFICERS, EMPLOYEES OR INDEPENDENT CONTRACTORS. IF ANY LEGAL OR ADMINISTRATIVE ACTION OR PROCEEDING IS BROUGHT AGAINST CITY AND/OR CITY'S ELECTED OFFICIALS, OFFICERS, AGENTS, EMPLOYEES AND INDEPENDENT CONTRACTORS ARISING FROM ANY OF THESE CIRCUMSTANCES, CONTRACTOR FURTHER AGREES TO DEFEND THE ACTION OR PROCEEDING WITH LEGAL COUNSEL ACCEPTABLE TO CITY. 5.06. Contractor shall comply with all applicable state, federal and local laws, statutes, rules, regulations and ordinances. 5.07. Contractor shall pay all taxes, if any, on the livestock grazed on the LLAS. 5.08. Contractor shall not make any alterations or additions of any kind to the LLAS, without the prior written approval of City. ARTICLE VI RESPONSIBILITY OF CITY 6.01. In the event City has available hay or other roughage which has been produced on the LLAS, the City may, in its sole discretion, make such hay or roughage available for use by the Contractor in feeding the cattle covered by this Agreement without additional charge to the Contractor during periods of excessive damage by migratory birds which results in grazing being reduced or not available or during inclement weather. It is expressly agreed and understood that nothing contained herein shall obligate City to provide such hay or other roughage to Contractor. Hay shall not be fed or otherwise placed within the pivot irrigation areas. LLAS Grazing Agreement Page 9 of 16 6.02. The City shall make available groundwater of suitable drinking quality for the cattle of the Contractor at locations to be determined by the City, in its sole discretion. 6.03. The City, in cooperation with the Contractor, shall allow Contractor to utilize the corrals, working pens and loading facilities now constructed on the LLAS. ARTICLE VII TERMINATION 7.01. In the event the City determines that (i) grazing of cattle at the LLAS is no longer feasible or advisable; (ii) the LLAS may be more appropriately utilized for purposes other than the grazing of cattle; or (iii) the City otherwise desires to terminate this Agreement for any reason, then the City may, by giving sixty (60) days prior notice to the Contractor, terminate this Agreement. Contractor shall have until the termination of this Agreement, as set forth in this Section, to remove all cattle from the LLAS. 7.02. If the Contractor wishes, for any reason, to terminate this Agreement, the Contractor may, by giving sixty (60) days prior notice to the City, terminate this Agreement. Contractor shall have until termination of this Agreement, as set forth herein, to remove all cattle from the LLAS. 7.03. Nothing contained in this Article VII shall relieve the responsibility of Contractor to make all payments due and owing to City. ARTICLE VIII EVENTS OF DEFAULT AND REMEDIES 8.01. In the event Contractor shall breach any term and/or provision of this Agreement, City shall be entitled to exercise any right or remedy available to it at law, equity, or contract, including without limitation, immediate termination of this Agreement, assertion of actions for damages and/or injunctive relief. The exercise of any right or remedy LLAS Grazing Agreement Page 10 of 16 shall not preclude the concurrent or subsequent exercise of any right or remedy and all rights and remedies shall be cumulative. Without limiting the above, City may, in the case of the default of non-payment for cattle being removed from the LLAS, prevent Contractor from removing cattle from the LLAS, until the default is cured, without being liable to Contractor in any way, manner or form. In the event City shall breach any term and/or provision of this Agreement, Contractor may, as its sole and exclusive remedy, terminate this Agreement. 8.02 Contractor herein expressly stipulates and agrees that City possesses a statutory lien upon the cattle left for grazing for the amount of charges for such grazing. ARTICLE IX MISCELLANEOUS 9.01. This Agreement shall not give rise to a partnership, joint venture or joint enterprise between the parties hereto. Neither party shall have the authority to bind the other without the other party's written consent. 9.02. CITY AND CONTRACTOR AGREE THAT THERE ARE NO WARRANTIES OF TITLE AND NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY OTHER KIND ARISING UNDER THIS AGREEMENT. THE RIGHTS TO GRAZE THE LLAS, AS SET FORTH HEREIN, ARE PROVIDED TO CONTRACTOR AS IS, WHERE IS AND WITH ALL FAULTS. 9.03. City reserves the right to hunt and fish and to permit third parties to hunt and fish upon the LLAS. 9.04. The rights granted to Contractor herein are subordinate to any present or future oil, gas or mineral lease or other mineral exploration agreements. City shall not be LLAS Grazing Agreement Page 11 of 16 liable to Contractor for any damages attributable or related to the mineral agreements and City shall receive all consideration paid for such damages. 9.05. Contractor represents and warrants to City that the execution, delivery and performance of this Agreement and the activities contemplated hereby constitute legal, valid and binding obligations of Contractor and that this Agreement is enforceable in accordance with the terms hereof. 9.06. Contractor shall conduct all activities contemplated by this Agreement in a good and farmerlike manner. If any of the activities of Contractor, or omissions of the activities required under this Agreement, shall cause, in whole or in part, liability on the part of City, it shall be deemed that Contractor did not perform in a good and farmerlike manner. For the purposes herein, liability shall include, but shall not be limited to, any action resulting in monetary damage and/or penalty, administrative orders, consent or otherwise, issued by governmental bodies having jurisdiction over such matters, including administrative orders imposing no monetary damage and/or penalty. 9.07. Whenever notice from Contractor to City or from City to Contractor is required or permitted by this Agreement and no other method of notice is provided, such notice shall be given by (i) actual delivery of the written notice to the other party by hand or telecopy (in which case such notice shall be effective upon receipt); or (ii) by depositing the written notice in the United States Mail, postage prepaid, properly addressed to the other party at the address provided immediately below, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. LLAS Grazing Agreement Page 12 of 16 Contractor's address and numbers for the purpose of notice are: Terry Crofoot P.O. Box 53188 Lubbock, TX 79453-3188 Phone # (806) 798-6262 Facsimile # (806) 798-9888 with copy to: Attn: IC with E— A1,1t i *N' Address: f(di RAlVr�79AVM' City/State/ZipCode'79VI6 Phone # tJ5"a6 Facsimile # ( 2? f g`% City's address and numbers for the purpose of notice are: City of Lubbock Attn: Thomas Adams, Deputy City Manager P.O. Box 2000 Lubbock, Texas 79457-2000 Phone # (806) 775-2015 Facsimile # (806) 775-2051 with copy to: City of Lubbock Attn: Sherry Stephens, Interim Director of Water Utilities 402 Municipal Drive Lubbock, Texas 79403 Phone # (806) 775-2989 Facsimile # (806) 775-3027 Either party may change its address or numbers for purpose of notice by giving written notice to the other party, referring specifically to this Agreement, and setting forth such new address or numbers. The address and numbers shall become effective on the thirtieth (30`h) day after such notice is effective. 9.08. This Agreement contains the entire Agreement between the City and Contractor, and there are no other written or oral promises, conditions, warranties or representations relating to or affecting the matters contemplated herein. LLAS Grazing Agreement Page 13 of 16 9.09. No amendment, modification or alteration of the terms of this Agreement shall be binding unless the amendment, modification or alteration is in writing, dated subsequent to the date of this Agreement and duly executed by the Contractor and City. 9.10. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THE PARTIES STIPULATE THAT THIS AGREEMENT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS IN THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS CONTEMPLATED HEREBY. 9.11. If any provision, or portion of provision, of this Agreement is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstance, the remainder of this Agreement, the remainder of such provision and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. 9.12. Contractor shall not utilize the LLAS in any way, manner, or form, other than that as expressly set forth in this Agreement. 9.13. This Agreement may not be assigned by Contractor. 9.14. Contractor shall have no. use of surface water or groundwater, except for livestock watering purposes, as provided for by the City. Subject to Section 6.02, above, City hereby reserves and shall have all rights regarding all surface water and groundwater, LLAS Grazing Agreement Page 14 of 16 including without limitation, the right to pump water from the wells or surface waters on the LLAS. 9.15. No failure to exercise, and no delay in exercising, on the part of City, of any right hereunder shall operate as a waiver thereof, or of any other right hereunder, nor shall any single or partial exercise thereof preclude any other further exercise thereof or exercise of any other right. 9.16. Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) shall not (i) be utilized, in any way, manner or form, in the operation of the LLAS; or (ii) be brought upon, placed, or located, by any party, on the LLAS, without the written consent of the City. If Contractor believes that the utilization of a Hazardous Substance is necessary in the grazing operation of the LLAS, or that it is necessary to place and/or otherwise locate upon the LLAS, a Hazardous Substance, Contractor shall notify the City and request consent therefrom, at least twenty (20) days prior to such action. City may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by City within five (5) days of the receipt of said request, said request shall be deemed to be denied. 9.17. In the event either party shall breach this Agreement and an attorney is utilized in the enforcement hereof, the defaulting party shall pay to the prevailing party all costs incurred and reasonable attorneys' fees, including all costs of appeal. LLAS Grazing Agreement Page 15 of 16 9.19. Any actions that are to be or may be exercised or taken by the City herein are hereby delegated by the City Council of the City of Lubbock to the City Manager or his/her designee. Effective for all purposes as of April 26 , 2006. CITY OF LUBBOCK MAR M OUGAL, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: omas Adams, Deputy City Manager APPROVED AS TO FORM: OtA,� (' L cF [A4 Y' y 4 Anita E. Burgess, City Attorney CONTRACTOR RKC:mi CityatVRichard/GrazingAgreement-LLAS April 17, 2006 LLAS Grazing Agreement Page 16 of 16 A W LUBBOCK LAND- `APPLICATION SITE X/t77­77 w A 16 17 B c E EAST yTN STRffT v FART SM TREET 27 1B t9 � 22 24 N 47 21 SCALE N.T.S. 0 4 T 6r AJW N C"Im Agi-Wem Technology, Inc. 5400 Eua Broke Court Rale4kNarthCardina 27606 Phone: (919) 859-0669 Fac (919) 233-1970 Email: awt@4viwasu.com Fig 3.1 Areas Map Drawn By: Enrique Cachafeiro Revised By: Jeff Vaughan Date: 08/29/2005 m 5000 0 5000 10000 Feet 0..._I__ w.V^r. -