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Home My WebLink AboutResolution - 4910 - Contract - Glen Frankilin Cattle Company - Cattle Grazing - 07_27_1995Resolution No. 4910 July 27, 1995 Item #19 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 Contract by and between the City of Lubbock and Glen Franklin Cattle Company, attached hereto, and 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: Betty ohnson, ity Secretary APPROVED AS TO CONTENT: Terry Eller oo , Director of Water Utilities APPROVED AS TO FORM: Attorney DGV.js/K-CATILE.RES "OCS/luly 19, 1995 Resolution No. 4910 Each of the following parties set forth in Paragraph 1 below agree as follows: PARTIES. 1.1 The CITY OF LUBBOCK, TEXAS, a Municipal Corporation referred to as "CITY," 1.2 GLEN FRANKLIN CATTLE COMPANY, referred to as "OWNER." �acliIigI11�.� 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 into a written agreement to govern the grazing of cattle by OWNER on the City farms pursuant to the terms and conditions herein set forth. 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 OWNER'S cattle under this Contract shall be approximately July 27, 1995 to July 27, 1996, it being understood that the exact dates for the placing and removing of cattle will be mutually agreed on by OWNER and CITY. 3.2 Description of Cattle: The exact number of cattle to be grazed will be mutually agreed upon by OWNER and CITY at the time land is stocked; however, the cattle to be grazed are: c Yearlings — Healthy beef cattle generally weighing 300 lbs. to 600 lbs. at the time the land is stocked and which will be grazed on all crops identified in Section 3.1 above. OWNER agrees to pay $12.30 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 property, the cattle will be gathered and counted by the OWNER, with the cooperation of the CITY and such account shall be the basis of payment by the OWNER 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 Contract, at the time of such removal. Statements shall be presented reflecting payments due from the OWNER to the CITY and all statements are due and payable in full within ten (10) days of the date of each thirty (30) day statements. 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 CITY has no responsibility for the care of the cattle. The cattle "caretaker(s)" 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. It is understood that if the CITY has available hay or other roughage which has been produced on the City Farms, 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 OWNER in feeding the cattle covered by this Contract without additional charge to the OWNER. The CITY shall be responsible for making available groundwater of suitable drinking quality for the cattle of the OWNER at locations in each pasture, the exact locations to be determined by the CITY. ._ My • • All amounts due the CITY under this grazing Contract must be paid prior to the removal of the cattle by OWNER. 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 Commission, the Environmental Protection Agency, the City of Lubbock and other State and Federal regulatory authorities having jurisdiction. In the event of a conflict between the operation of the City Farms for disposal of sewage effluent and for cattle grazing, CITY will give priority to the requirements of sewage disposal. 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 2 1 ; 55 fler.1 I • : • J►I If the OWNER wishes for any reason to terminate this Contract, the OWNER may, by giving four (4) weeks prior notice to the CITY, terminate this Contract. OWNER shall have four (4) weeks after sending notice of termination under this subparagraph to remove the cattle remaining on the property. "MWIN Q NUM 1,49 IMM.Nal� 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 is not liable to OWNER for loss of cattle occasioned by disease or natural causes. CITY shall not be liable to OWNER 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 OWNER 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. OWNER agrees to provide CITY with proof of liability insurance. 3.13 ASSIGNMENTS. This Contract may not be assigned or subcontracted by OWNER without the prior written approval of the CITY. 3.14 TERM. Unless renewed or extended in accordance with the terms hereof, this Contract shall terminate at the end of the winter grazing season in the spring of 1996. 3.15 FENCES. CITY shall maintain fences on the subject property during the term of this Contract. 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. CATTLE GRAZING CONTRACT PAGE 3 3.17 BINDING EFFECT. This Contract shall be binding on the parties hereto, the heirs, legal representatives, successors and assigns. �l 1 This Contract is performable in Lubbock County, Texas, where venue lies for any disputes arising under this Contract. 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. Bidder is notified that any and all sections, decisions and provisions of this Contract made herein are subject to City Council action and approval. he 27th day of July , 1995. ATTEST: zar, AC�L Betty M. Johnsan—,(City Secretary APPROVED AS TO CONTENT: Terry Ellerbp6ok, Director of Water Utilities "d IO IV, � � 1.1wmw Donald G. Vandiver, First Assistant City Attorney DGV Js/K-CATrLE.DOC CityAtt/June 28,1995 CATTLE GRAZING CONTRACT PAGE 4 No Text