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HomeMy WebLinkAboutResolution - 2003-R0108 - Cattle Grazing Agreement - Hancock Land Application Site - 03_05_2003Resolution No. 2003-RO108 March 5, 2003 Item No. 22 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 Mark Wheeler 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. FURTHER, the City of Lubbock accepts the termination, effective February 6, 2003, of the Cattle Grazing Agreement, dated June 14, 2001, by and between the City of Lubbock and Franklin Cattle Company. Passed by the City Council this ATTEST: Garza, City Secretary APP VED,AS TO CONTENT: f` Terry Ell book Director of Public Works APPROVED AS TO RM: Richard K. Casner Natural Resources Attorney ke/CCDOCS/CattleGrazing. Wheeler.Reso Feb. 17, 2003 5th day of C MCDOUGAL, MAYOR 4111 Resolution No. 2003-RO108 March 5, 2003 Item No. 22 CATTLE GRAZING AGREEMENT Each of the following parties set forth in Paragraph I below agree as follows: PARTIES. 1.1 The CITY OF LUBBOCK, TEXAS, a Municipal Corporation referred to as "CITY," 1.2 MARK WHEELER, 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 March 1, 2003 to August 31, 2003. This Contract shall terminate on August 31, 2003. All of the cattle upon the HLAS shall be removed on or before August 31, 2003. 3.2 Description of Cattle: The exact number of cattle to be grazed will be mutually agreed upon by CONTRACTOR and CITY at the time the HLAS is stocked; however, the cattle to be grazed are: Yearlings -- Healthy beef cattle generally weighing 300 lbs. to 600 lbs. at the time the HLAS is stocked. 3.3 RENTAL. CONTRACTOR agrees to pay JL5 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 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. 3.9 TERMINATION BY CITY. If the CITY wishes for any reason to terminate this Contract, the CITY may, by giving four (4) weeks prior notice to the CONTRACTOR, terminate this Contract. CONTRACTOR shall have four (4) weeks after receipt of written notice of termination under this subparagraph to remove the cattle remaining on the HLAS. 3.10 TERMINATION BY CONTRACTOR. If the CONTRACTOR wishes for any reason to terminate this Contract, the CONTRACTOR may, by giving four (4) weeks prior notice to the CITY, terminate this Contract. CONTRACTOR shall have four (4) weeks after sending notice of termination under this subparagraph to remove the cattle remaining on the HLAS. 3.11 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, provided, however, CITY shall be liable to CONTRACTOR for actual damages arising out of injury or death to the CONTRACTOR'S cattle occasioned by the negligence of CITY or CITY'S agents, officers or employees. CITY is not liable to CONTRACTOR for loss of cattle occasioned by disease or natural causes. CITY shall not be liable to CONTRACTOR for loss of cattle due to theft. 3.12 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. 3.13 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. 3.14 TERM. This Contract shall terminate on August 31, 2003. 3.15 FENCES. CITY shall maintain fences on the HLAS during the term of this Contract. 3.16 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. 3.17 BINDING EFFECT. This Contract shall be binding on the parties hereto, the heirs, legal representatives, successors and assigns. 3.18 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 5th day of march , 2003. CITY OF LUBBOCK: X//Z-Z� MARC M . DO GAL, MAYOR ATTEST: RE ECCA GARZA, CITY SEC TARY APPROVED AS TO CONTENT: APPROVED AS TO FORM: RICHARD K. CASNER NATURAL RESOURCES ATTORNEY RKC/.ke/cityatt/Richard/Cattle Grazing Agrmt.Wheeler February 11, 2003 Resolution No. 2003—RO108 P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2592 • Fax: (806) 775-3027 Franklin Cattle Company Box 703 House, New Mexico 88121 February 6, 2003 Water Utilities and Solid Waste Management Re: Cattle Grazing Agreement, dated June 14, 2001, by and between the City of Lubbock, Texas and Franklin Cattle Company (the "Agreement') Dear Mr. Franklin: Thank you for providing to John Hindman notice of your desire to terminate the Agreement effective immediately. The City agrees to the termination of the Agreement as offered. Please indicate your acceptance by signing below and returning to me at your earliest convenience. Enclosed is a self-addressed stamped envelope for your use. The City has sincerely appreciated your consideration and cooperation in the grazing of cattle upon the Lubbock Land Application Site and the Hancock Land Application Site. If you have any questions or comments concerning this matter, please do not hesitate to contact me. Sin erely, erry E1 rbrook Director of Public Works Accepted and agreed: Glen Franklin Franklin Cattle Company Encl RKC/ke