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HomeMy WebLinkAboutResolution - 2008-R0496 - Grazing Agreement - Terry Crofoot - Hancock Land Application Site - 12_17_2008Resolution No. 2008-RO496 December 17, 2008 Item No. 5.9 RESOLUTION 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 aed to execute for and on behalf of the City of Lubbock a Grazing Agreement by and ✓een the City of Lubbock and Terry Crofoot, for grazing rights at the Hancock Land lication Site, and all related documents. Said Grazing Agreement is attached hereto incorporated in this Resolution as if fully set forth herein and shall be included in the utes of the Council. sed by the City Council this TTEST: Garza, City Secretary VED AS TO CONTENT: 17th Adams City Manager/Water Utilities Director APPROVED AS TO FORM: day of December _, 2008, TOM MARTIN, MAYOR ichard K. Casner, First Assistant City Attorney CattleGrazing. i fAS2008-Crof'oot.res ctober 20, 2008 Resolution No. 2008—R0496 GRAZING AGREEMENT This Agreement is made effective the 22nd day of January, 2009, 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 all or portions of the property of the City commonly known or referred to as the Hancock Land Application Site, located in Lynn County, Texas ( the "HLAS"), as directed by the City and as provided herein. 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 HLAS 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 January 22, 2009, to January 22, 2014, unless terminated earlier pursuant to the terms hereof. HLAS Grazing Agreement-Crofoot 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 I1 expires. Contractor shall immediately vacate the HLAS 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 HLAS. ARTICLE III GRAZING FEES 3.01. During the term of this Agreement, Contractor shall pay to City $120.00 per head per year, being $10.00 per month, for each dry cow, bull cow/nursing calf pair and/or weaned calf, for grazing, payable on or before the tenth (101') day of each following month. On the last day of each month and at 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 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 (10"') 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 the cattle by Contractor. ARTICLE IV EFFLUENT APPLICATION 4.01. Contractor hereby expressly agrees and stipulates that the primary purpose and use of the HLAS is as an effluent disposal site for effluent produced by the City. Due to HLAS Grazing Agreement-Crofoot 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 HLAS may not receive effluent in quantities and at times necessary for optimum growth of crops on the HLAS. Additionally, Contractor hereby expressly stipulates and agrees that, due to the above described issues, instances may occur in which portions of the HLAS 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 HLAS. The City reserves all rights in and to the HLAS 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 HLAS on such lands, at such times, and in such quantities, or to refuse to apply and/or irrigate such effluent upon the HLAS, 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 HLAS, 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 HLAS will be under a strict management regime. The management practices at HLAS 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. THE CITY SHALL HAVE THE RIGHT TO DICTATE (i) THE NUMBER OF CATTLE GRAZED UPON THE HLAS; (ii) THE TIMES HLAS Grazing Agreement-Crofoot Page 3 of 16 AT WHICH THE CATTLE GRAZE UPON THE HLAS; (iii) THE AREAS OF THE HLAS GRAZED BY CONTRACTOR'S CATTLE; AND (iv) ANY AND ALL OTHER ASPECTS OF THE MANAGEMENT OF THE HLAS, THE IRRIGATION OF THE HLAS, AND THE GRAZING OF THE HLAS, 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 HLAS: 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 70 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 HLAS. In the event stocking density is higher than 2.0 head/ac, then the discount will be increased by 35 lbs N/ac/head/yr. 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 shall be limited to time periods between the vegetative and heading/bud stage of the forage. HLAS Grazing Agreement-Crofoot Page 4 of 16 vi. The stocking density shall be maintained between I to 2 head (not counting nursing calves)/acre (depending on animal size) during periods of grazing (so long as the condition in "v." above, is met). vii. Once grazing has been terminated on the plot, all remaining forage must be mechanically harvested and removed from the plot. viii. Grazing shall be discontinued or the grazing population decreased when the forage is at a height of 4" to 6" or, depending upon the forage crop utilized, an appropriate height to allow for crop regrowth. 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 HLAS, 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 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. HLAS Grazing Agreement-Crofoot Page 5 of 16 ARTICLE V RESPONSIBILITY OF CONTRACTOR 5.01. Contractor shall graze the HLAS, or certain portions thereof, in the manner and with the number of cattle, as directed by City, to (i) follow the grazing management practice 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 HLAS, or certain portions thereof, 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 HLAS, 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 Director of Water Utilities of the City, or his/her designee, in his/her sole and absolute discretion, prior to access onto the HLAS 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 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 HLAS Grazing Agreement-Crofoot Page 6 of 16 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 HLAS, 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 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 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 (i)) contain a waiver of any and all of the insurer's rights to subrogation that HLAS Grazing Agreement-Crofoot Page 7 of 16 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 a 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 a 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 HLAS, 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 HLAS, AND INCLUDING ANY AND ALL CLAIMS, DEMANDS, DAMAGES, COSTS, LIABILITIES 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, HLAS Grazing Agreement-Crofoot Page 8 of 16 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 HLAS. 5.08. Contractor shall not make any alterations or additions to the HLAS, 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 HLAS, 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. 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. HLAS Grazing Agreement-Cro foot Page 9 of 16 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 HLAS. ARTICLE VII TERMINATION 7.01. In the event the City determines that (i) grazing of cattle at the HLAS is no longer feasible or advisable; (ii) the HLAS 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 HLAS. 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 HLAS. 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 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 lock out Contractor HLAS Grazing Agreement-Crofoot Page 10 of 16 from the HLAS or, in the case of the default of non-payment for cattle being removed from the HLAS, prevent Contractor from removing cattle from the HLAS, 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. ARTICLE IX MISCELLANEOUS 9.01. This Agreement shall not give rise to a partnership or joint enterprise between the parties hereto. Neither party shall have the authority to bind the other without the other party's duly authorized 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 HLAS, AS SET FORTH HEREIN, ARE PROVIDED T'O 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 HLAS. 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 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 HLAS Grazing Agreernent-Crofoot Page 11 of 16 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 said activity (or omitted the performance of said activities) 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 delivery); 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. Contractor's address and numbers for the purpose of notice are: Terry Crofoot P.O. Box 53188 Lubbock, Texas 79453-3188 Phone # (806) 798-6262 Facsimile # (806) 798-9888 HLAS Grazing Agreement-Crofoot Page 12 of 16 with copy to: Attn: Address: City/State/ZipCode Phone # (_) Facsimile # (__) _ City's address and numbers for the purpose of notice are: City of Lubbock Attn: Aubrey Spear, Director of Water Utilities, or successor P.O. Box 2000 Lubbock, Texas 79457-2000 Phone # (806) 775-2585 Facsimile # (806) 775-3027 with copy to: City of Lubbock Attn: Richard Casner, First Assistant City Attorney, or successor P. O. Box 2000 Lubbock, Texas 79457-2000 Phone # (806) 775-2222 Facsimile # (806) 775-3307 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`") 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. 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. HLAS Grazing Agreement-Cro foot Page 13 of 16 9.1o. 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, AT LEAST IN PART, 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 HLAS 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 shall have all rights regarding all surface water and groundwater, including without limitation, the right to pump water from the wells or surface waters on the HLAS. 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 HLAS Grazing Agreement-Crofoot Page 14 of 16 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)), as may be amended from time to time, shall not (1) be utilized, in any way, manner or form, in the operation of the HLAS; or (ii) be brought upon, placed, or located, by any party, on the HLAS, 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 HLAS, or that it is necessary to place and/or otherwise locate upon the HLAS, 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. HLAS Grazing Agreement-Crofoot Page 15 of 16 Effective for all purposes as of January 22, 2009. CITY OF LUBBOCK TOM MARTIN, MAYOR ATTEST: Rebec Garza, City Secretary APPROVED AS TO CONTENT: (ItL-U0 JnZal�—�- Aubrey Spear,irect4­of Water Utilities Tom Adams, Deputy City Manager APPROVED AS TO FORM: Z— �- �0�, - Richard K. Casner First Assistant City Attorney CONTRACTOR Z4 TEAZY C )OT RKC.CityatURichard+GrazingAgreement.HLAS.Z008amended HLAS Grazing Agreement-Crofoot Page 16 of 16 Client#: 22103 Resolution No. 2008—RO496 CROFRAN ACORDT. CERTIFICATE OF LIABILITY INSURANCE �2 6lus°""") PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Willis HRH of Amarillo ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1800 Washington, Suite 400 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P0Box 1149 Amarillo, TX 79105-1149 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: American Standard Lloyd's Insurance 30023 P.O. Box 53188 ORanches, LLP P.o Lubbock, TX 79453 INSURERB: Fireman's Fund Insurance Company 21873 INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTFt NSR TYPE OF INSURANCE POLICY NUMBER DpTEYMMIDDIYY PDAOLITE MMIODTION LIMITS A GENERAL LIABILITY FRM80267561 05/01108 05101/09 EACH OCCURRENCE S1.0001000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED M I SE occurrence) $500 000 CLAIMS MADE a OCCUR ME D EXP (Anyone person) $10 000 PERSONAL & ADV INJURY $1 000 000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - CCMPIOP AUG S POLICY F PECO- LOG B AUTOMOBILE X LIABILITY ANY AUTO MZA80267561 05101108 05101109 COMBINED SINGLE LIMIT (Ea accident) S1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO S AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR 171 CLAIMS MADE $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC STATU-MrSI I OTH- EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTWE E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEEI S OFFICER(MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT 1 $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate Holder is included as Additional Insured and Waiver of Subrogation applies in regard to general liability and farm auto liability Re: 2880 acres on MF 400, Wilson, Texas (leased land) City of Lubbock P.O. Box 2000 Lubbock, TX 79401 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _ 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVE ACORD 25 (2001/08) 1 of 2 #S710331M71032 JFR © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORN 2" (2001108) 2 of 2 #S710331M71032