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HomeMy WebLinkAboutResolution - 4554 - Assignment Of Contract - Seedco Corp To F Slash Company - Cattle Grazing - 07_28_1994Resolution No. 4554 Item #11 July 28, 1994 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the attached Assignment of Cattle Grazing Contract by and between SEEDCO CORPORATION and F. SLASH COMPANY which assigns that certain Cattle Grazing Contract executed by and between the CITY OF LUBBOCK and SEEDCO CORPORATION is hereby ratified and approved by the City Council of the CITY OF LUBBOCK. Passed by the City Council this ATTEST: �� )Icj" �� .) Betty M. 7ohnso City Secretary APPROVED AS TO CONTENT: Hindman, Farm APPROVED AS TO FORM: nald G. Vandiver, First sistant City Attorney W V-mo/Foms-D 1 /A: Seedoo. Doc17-19-94 Resoltuion No. 4554 ASSIGNMENT OF CATTLE GRAZINCONTRACT 1994 G STATE OF TEXAS ) COUNTY OF LUBBOCK ) WITNESSETH FOR. AND IN CONSIDERATION OF THE SUM OF $10,00 AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIFNCY OF WHICH IS HEREBY ACKNOWLEDGEO, SEEDCO CORPORATION, HEREAFTER REFERRED TO AS "ASSIGNOR" DOES HEREBY SELL, CONVEY, TRANSFER, AND ASSIGN UNTO F SLASH COMPANY, HEREINAFTER REFERRED TO AS 'ASSIGNEE" THAT CERTAIN CATTLE GRATING CONTRACT ENTERED INTO ON THE 15TH DAY OF MAY, 1993, BY AND BETWEEN THE CITY OF LUBBOCK AS LESSOR AND SEEDCO CORPORATION, AS LESSEE. A TRUE AND CORRECT COPY OF SAID CATTLE GRAZING CONTRACT AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A", UPON EXECHTION OF THIS ASSIGNMENT, F SLASH COMPANY AS ASSIGNEE SHALL BE ENTITLED TO RECEIVE ALL BENEFITS. INCLUDING PAYMENTS PURSUANT TO THAT CERTAIN CATTLE GRAZING CONTRACT AGREEMENT. SIGNED THIS 11TH DAY OF JULY, 1994 CO C ORATION BY LOYD LANGFOR PRES. ACKNOWLEDGED THIS 11TH DAY OF DULY, 1994, F SLASH COMPANY DO HEREBY ACCEPT FULL RESPONSIBILITY OF SAID CATTLE GRAZING CONTRACT AGREEMENT AND DO FROM THIS DAY FOPWARD HOLD SEEDCO CORPORATION BLAMELESS OF ANY RESPONSIBILITY TO THIS SAID AG ENT. GENE AND/OR CAROLYN SORRELL AN AUTHORIZED AGENT FOR F SLASH COMPANY Auction Cattle Grazing rights Summer and Winter Grazing January 26th, 1993, 10:00 A.M. 112 Mile East Loop 289 on E. 19th Street City of Lubbock Land Application Site Call (806) 767-2170 Ron Shuffield 6UI;L. CATTLE GiAZING CONTRACT Each of t1e follo�.ing parties set forth in Paragraph 1 below agree as follows: 1. PARTIES. 1.1 The City of Lubbock, Texas, referred to as "CITY," 1.2 SEEDCO CORPORI=.TION to as "UNTNER. " 2. RECITALS. a Municipal Corporation , referred 2.1 CITY conducts farming operations upon certain land owned by the City of Lubbock ("City Farms") where the primary purpose is the lawful disposition of sewage effluent. 2.2 CITY and OWNER desire to enter ii; o a written agreement to govern the grazing of catt-�e by OWNER on the City farms pursuant to the tee end conditions herein set forth. 3. AGREEMENT. 3.1 Description of Grazing: This contract governs cattle which are placed for: Seasonal grazing shall consist of one or more of the following crops: corn, wheat, alfalfa, jose wheat grass, forage sorghum, and grain sorghum. The period for grazing of the 01-7NERIS cattle under this Contract shall be approximately May, 1993 to May, 1996, it being understood tha' the exact dates for the placing and removing e: cattle will be mutually agreed on by OWNER and CITE. 3.2 _Description of Cattle: The exact number of cattle to be grazed will be mutually agreed upon by 014NER and CITY at the time land is stocked; however, the cattle to be grazed are: Yearlinqs -- Healthy beef cl-ttic generally we ,-?hing 300 lbs. to 600 lbs. at the ;,ine the land is s-L-.cked and which wi] ] be grazed on all crops identi f i c d in Section 3.1 al.ove. 3.3 RENTAL. OWNER agrees to pay $ 14.20 per head per month for grazing, payable each ninety (90) days. At the end of each ninety (90) day period and the final removal of the cattle from the property, the cattle will be gathered and counted by the 01-MER, with the cooperation of the CITY and such account shall be the basis of payment by the 01d1dER to the period si::cc the last counting and payment. 67ithout regarc to the periodic counting provided in this paragraph, payment shall be due for any cattle removed from the premises during the term of this Contract, at the time of such removal. Statements shall be presented reflecting payments due from the OWNER to the CITY a,:3 all statements are due and payable in full within ten (10) days of the date of each ninety (90% day statements. 3.4 RESPONSIBILITlES 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 Ccntract, and CITY has no responsibility for the care of the cattle. The cattle "caretaker (s) 11 appointed by the OWNER shall be approved by the CITY prior to access onto the City Farms and may be required to provide references and performance history. 3.5 ADDITIONAL FEED. It is understood that if the CITY has a vailr: ? c hay or other roughage which has been produced on t-ie City Farms, then during periods of excessive dar.-age by migratory birds which results in grazinc; being reduced or not available, the CITY shall, in Its sole discretion, make such hay or roughage, to thc, extent of reasonable availability to the CITY, for use by the OWNER in feeding the cattle covered I this Contract without additional charge to the 01;';iR. CATTLE GRAZIN5 CONTRACT PALE - 2 - 3.6 AVAILABILITY OF WATER. The CITY shall be responsible for making available groundwater cif suitable drinking quality for the cattle of the OWNER 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 O1;T14ER . 3.8 COMPLIANCE WITH REGULATORY AUTHORITIES. OWNER understands that this grazing Contract is subject to and is subordinate to disposal of sewage effluent at the City Farms, including requirements of the Texas Water Commissicn, the Environmental Protection Agency, the City of Lubbock, and other State and Federal regulator), authorities having jurisdiction. In the event of a conflict bet�,,een the operation of the City Farms for disposal of sewage effluent and for cattle grazing, CIT'. :ill give priority to the requirements of sewage disp sal. 3.9 TERMINATION BY CITY. In the event the CITY determines that the City Farms may be more appropriately utilized for purposes other than the grazing of cattle, and the CITY elects to discontinue cattle grazing on the City Farms, then the CITY may, by giving four (4) weeks prior notice to the OWNER, terminate this Contract. OWNER shall have four (4) weeks after receipt of written notice of termination under this subparagraph to remove the cattle remaining on the property. CATTLE GRAZING CONTRACT PAGE - 3 - 3.10 TERMINATION DY OWNER. If the 01,;114LR wishes for any reason to terminate this Contract, the Ohg4ER may, by giving four (4) weeks prior notice to the CITY, terminate this Contract. 014TIER shall have four (4) weeks after sending notice of termination under this subparagraph to remove the cattle remaining on the property. 3.11 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 Olvn4ER agrees to i^demnify 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 Oi;'NER for actual damages arising out of injury or death to the OW14ER'S cattle occasioned by the negligence of CITY or CITY'S agents, officers or employees. CITY is not liable to C1,'NER for loss of cattle occasioned by disease or n4tural causes. CITY shall not be liable to O1dNER for loss of cattle due to theft. Each of the parties shall be responsible for maintaining liability insurance or self-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 01.14ER harmless from 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 consequences of negligence of agents and employees of OWNER resulting in loss or injury to third parties. 01.7NER agrees to provide CITY with proof of liability insurance. 3.13 ASSIGNMENTS. This Contract may not be assigned or subcontracted by OHN ER without the prior written approval of the CITY. CATTLE GRAZING CONTRACT PAGE - 4 - 3 . 14 TERM. Unless renewed or terms hereof, this end of the winter 1996. 3.15 FENCES. extended in accordance with the Contract shall terminate at the grazing season in the spring of CITY shall maintain fences on the subject property during the term of this Contract. 3.16 CORRALS - PENS - LOADING FACILITIES. The CITY, in cooperation with the OWNER shall provide reasonable corrals, working pens and loading facilities to accommodate the need of the OWNER at locations mutually approved by both parties. 3.17 BINDING EFFECT. `!'his Contract shall be binding on the parties hereto, t;10 heirs, legal representatives, successors and 3.18 VENUE. This Contract is performable in Lubbock County, Texas, „here venue lies for any disputes arising under this Contract. 3.19 REJECTION OF BIDS. Bidder understands that the CITY has the right to reject any bids including the right to reject bids on failure to establish an adequate line of credit and to waive any formality in the bidding. CATTLE GRAZING CONTRACT PAGE - 5 - 3.20 APPROVAL BY CITY COUNCIL. Bidder is notified that any and all sections, decisions and provisions of this Contract made herein are subject to City Council action and approval. SIGNED AND EXECUTED on this the CITY OF LUBBOCK BY: DAVID R. LANGSTON, MPYOR ATTEST: Sally Still Abbe, Acting City Secretary APPROVED AS TO CONTENT: Carroll 14cDenald; Assistant City of Utilities APPROVED AS TO FORM: D ald G. Vand1 er, First Assistant City Attorney DGV:js/K-CATTLE.DOC D6-Conts,Agmts/December 21,1992 day of January, 1993. OWNER BY: r'-� l:� Q �� jiz� ✓� CATTLE GRAZING CONTRACT PAGE - 6 -