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Home My WebLink AboutResolution - 3531 - Contract - Johnny Reed - Cattle Grazing Rights, Lake Alan Henry - 01_24_1991Resolution No. 3531 January 24, 1991 Item #18 HW:da 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 Contract by and between the City of Lubbock and Johnny Reed for cattle grazing rights, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: ette Boyd, City SeciVetary APPROVED AS TO CONTENT: E ucy, Right -of -Way Agent APPROVED AS TO FORM: � v- 4 �, `Harold Willard, Assistant City Attorney 24th day of January , 1991. . C. McMI N, MAYOR Resolution No. 3531 D(� HW:da THE STATE OF TEXAS § COUNTY OF GARZA § CATTLE GRAZING CONTRACT Each of the following parties set forth in Numbered Paragraph 1 below agree as follows: 1. Parties. 1.1 The City of Lubbock, Texas, a 11:unicipal Corporation referred to herein as "City." 1.2 Johnny Reed, referred to herein as "Owner." 2. Recitals. 2.1 City owns certain land in Garza County ("City Land") whose primary intended purpose is for Lake Alan Henry wildlife mitigation. 2.2 City and Owner desire to enter into a written agreement to govern the grazing of cattle by Owner on a portion of the City Land pursuant to the terms and conditions herein set forth. 3. Agreement. 3.1 Term: The term of this contract shall be from February 1, 1991, to December 31, 1991, and shall be automatically renewable for as many additional 1-year terms as the parties desire unless either party shall give the other party written notice of termination prior to the beginning of any such 1-year term or unless otherwise terminated as hereinafter provided. 3.2 Description of Premises: That portion of the City Land upon which grazing is herein permitted shall consist of 2207.27 acres of land, more or less, and more particularly described as follows: All of Sections 71, 72 and 78, Block 5, H. & G. N. R.R. Co. Sur- vey, Garza County, Texas, and the following portion of Section 70, Block 5, to -wit: The North part of Section 70, Block 5, H. & G. N. R.R. Co. Survey, Garza County, Texas, and being more particularly described as follows: BEGINNING at a 1 1/4" iron pipe, set by F.M. German in 1895, at the Northwest corner of said Section 70, for the Northwest and beginning corner of this tract, said corner being the common corner of Sections 70, 71, 78 and 79; THENCE S. 88°24'55" East, along the North line of said Section 70 and the South line of Section 71, a distance of 5253.82.feet to the Northeast corner of said Section 70, for the Northeast corner of this tract, said corner being the common corner of Sections 54, 55, 70 and 71; THENCE S. 01°45'24" West, along the East line of said Section 70 and the West line of Section 55, a distance of 1756.59 feet to a 1/2" iron rod, set for the Southeast corner of this tract; THENCE S. 77042'11" West, a distance of 3810.43 feet to a 1/2" iron rod, set for a corner of this tract; THENCE N. 88024'55" West, a distance of 1559.59 feet to a 1/2" iron rod, set in the West line of said Section 70, for the South- west corner of this tract; THENCE N. 01048111" East, along the West line of said Section 70 and the East line of Section 79, a distance of 2670.79 feet to the POINT OF BEGINNING. 3.3 Description of Cattle: The number of cattle to be grazed will be approximately 100. The cattle to be grazed shall be: Yearlings (cattle generally weighing 300 lbs. to 700 lbs.), cow - calf units, and the appropriate number of bulls per cow herd size. 3.4 Rental: Owner agrees to pay City in advance $1.50 per head per month per 1-year term for the grazing rights granted in this contract. City shall refund to Owner a prorated amount of the rental in the event this contract is terminated prior to the expiration of any 1-year term pursuant to subparagraphs 3.10 or 3.11. The prorated amount of the rental to be refunded - 2 - in such event shall be calculated from the day all of Owner's cattle have been removed from the property. 3.5 Responsibilities of Owner: The Owner is to provide all labor, medication, supplements and services necessary for the care of the cattle which are the subject of this contract and the City shall have no responsibility for the care of such cattle. 3.6 Additional Feed: It is understood that the City will not provide any additional feed for grazing purposes. 3.7 Availability of Water: Owner shall be responsible for making available ground water of suitable drinking quality for the cattle of the Owner at locations to be determined by the City's Right -of -Way Agent. 3.8 Removal of Cattle: All amounts due City under this grazing contract must be paid prior to the removal of the cattle by Owner. 3.9 Compliance with Regulatory Authorities: Owner understands that this grazing contract is subject to and is subordinate to the Wildlife Mitigation Plan approved by the Corps of Engineers and the City of Lubbock's 404 Permit to construct Lake Alan Henry. In the event of a conflict at any time hereafter between the use of the City Land pursuant to this Plan and for cattle grazing, City will give priority to the Wildlife Mitigation Plan without incurring any liability to Owner under the terms of this contract or otherwise. 3.10 Termination by City: In the event the City determines that the property to be used by Owner for grazing is to be utilized for the Wildlife Mitigation Plan, and the City elects to discontinue cattle grazing on such property, then the City may, by giving two weeks prior notice to the Owner, terminate this contract. Owner shall have ninety days after receipt of - 3 - written notice of termination under this subparagraph to remove the cattle remaining on the property. 3.11 Termination by Owner: If the Owner wishes for any reason to terminate this Contract, the Owner may, by giving two weeks prior notice to the City, terminate this contract. Owner shall have four weeks after sending notice of termination under this subparagraph to remove the cattle remaining on the property. 3.12 Indemnity and•Liability: City shall not have any responsibility for the condition of or care of the cattle of the Owner which are the subject of this contract. The Owner agrees to indemnify and hold the City harmless from liability for injury or death to the Owner's cattle during the term of this contract; provided, however, City shall be liable to Owner for actual damages arising out of injury or death to the Owner's cattle occasioned by the negligence of City or City's agents, officers or employees. City shall not be liable to Owner for loss of cattle occasioned by disease or natural causes. 3.13 Insurance: Each of the parties shall be responsible for maintain- ing liability insurance against loss, liability or expense to third parties, including personal injury and property damage, arising out of conduct pursuant to this contract. City agrees to indemnify and hold Owner harmless from the consequences of negligence of the agents and employees of City resulting in loss or injury to third parties. Owner agrees to indemnify and hold City harmless from the consequences of negligence of agents and employees of Owner resulting in loss or injury to third parties. 3.14 Fences: Owner shall maintain fences on the subject property during the term of this agreement. It is also agreed that Owner shall be responsible for the construction and maintenance of the Southern most East- - 4 - West fence. Owner herein agrees to lock or otherwise secure all gates through which ingress and egress to the subject property may be obtained and notify City immediately whenever third parties trespass on the property. 3.15 Corrals - Pens Loading Facilities: Owner shall provide reason- able corrals, working pens and loading facilities to accommodate the needs of the Owner at locations on City Land mutually approved by the Owner and the City's Right -of -Way Agent. 3.16 Binding Effect: This agreement shall be binding on the parties hereto, their heirs, legal representatives, successors and assigns. 3.17 Venue: This contract is executed and shall be deemed to be entered into in Lubbock County, Texas, where venue lies for any dispute arising under this agreement. SIGNED AND EXECUTED this 24th day of January , 1991. CITY OF LUBBOCK, TEXAS 2�lmf- cycy� B. C. McMIN , MAYOR T: Rane to Boyd, City Secre ry APPROVVEED�AS T,OO CONTENT: Ed Bucy, Right-of-W y Agent APPROVED AS TO FORM: arold Willard, Assista t City Attorney OWNER , /11OHNNY/.1(MD - 5 - y THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, on this day personally appeared B. C. McMINN, Mayor of the City of Lubbock, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and as the act and deed of said City. GIVEN UNDER MY HAND AND SEAL OF 1991. Nota Public, Lu ock County, Texas OFFICE this day of My Commission Expires: THE STATE OF TEXAS § COUNTY OF,Y�§ BEFORE ME, the undersigned authority, on this day personally JOHNNY REED, known to me to be the person whose name is subscribed foregoing instrument, and acknowledged to me that he executed the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this / Z--k day of , 1991. lrc-Jan. 31, law9 appeared to the same for the Notary Public, County, Texas My Commission Expires: - 6 -