HomeMy WebLinkAboutResolution - 2025-R0284 - Contract 18884, Petree Farms, Cattle Grazing Rights; Lake Alan Henry - 06/24/2025Resolution No. 2025-R0284
Item No. 6.21
June 24, 2025
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute fo�
and on behalf of the City of Lubbock a Grazing Agreement, Contract No. 18884, for the cattle•
grazing rights at the Lake Alan Henry Wildlife Mitigation Area, by and between the City o:
Lubbock and Petree Farms of Slaton, Texas and related documents. Said Agreement is attachec
hereto and incorporated in this resolution as if fully set forth herein and shall be included in thc
minutes of the City Council.
Passed by the City Council on June 24, 2025
`�
M RK W. MCB YER, MA OR
AT'I'LST:
Courtney Paz, City Secretary
APi'ROVLD AS TO CON"1'1:N"1':
. •
Lrik Rcjino, Assistant City Manager
APPROVED AS TO FORM:
1 �
K lli Leisure, Senior Assistant City Attorney
ccdocslRES.Grazing Agreement 18884 LAH
6.5.25
Resolution No. 2025-R0284
GRAZING AGREEMENT
This Agreement is made this 24th day of June , 2025, by and between Petree
Farms, (the "Contractor"), whose mailing address is 9321 E CR 6840, Slaton, TX, and the
City of Lubbock ("City"), 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, and subject to the terms, provisions and limitations set forth herein, City grants
to Contractor the right to graze cattle upon the surface estate only or a portion of the Lake Alan
Henry Wildlife Mitigation Area (the "Premises"). located in Garza and Kent County, Texas, as
more particularly described on Exhibit '• A". attached hereto and made a part hereof for all
intents and purposes. It is expressly agreed. stipulated and understood that this Agreement does
not grant any rights. of any kind or nature, in any real property owned by the City.
1.02. In the event that additional lands become available at the Lake Alan Henry
Wildlife Mitigation Area, the City shall offer the rights to graze such additional lands to
Contractor upon the identical terms hereof, and this Agreement shall be amended to include
such additional lands. If Contractor shall decline such offer the City may award the right to
graze to any other party on the terms deemed most advantageous by the City.
1.03. 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, sheep, goats or other
livestock of any kind), as set forth in this Agreement. All other uses of the
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Premises 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 one (1) year, from the date of execution
hereof by the City (the "Initial Term"), unless terminated earlier pursuant to the terms hereof.
2.02. The City is granted an option to renew this Agreement upon the terms and
conditions set forth herein, for four (4) additional one (1) year terms (the "Option Term"), by
providing notice to Contractor, on or before thirty (30) days prior to the expiration of the Initial
Term.
2.03 This Agreement shall terminate without further notice, unless terminated
earlier pursuant to the terms hereof, when the Initial Term, if the option has not been exercised,
or the Option Term, if timely exercised, as specified in this Article II expires. Contractor shall
immediately vacate the Premises 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 Premises.
ARTICLE III
GRAZING FEES
3.01. During the term of this Agreement, Contractor shall pay to City $21 per Animal
Unit per month, (each dry cow, bull, cow+'nursing calf pair and/or weaned calf are deemed to
be an "Animal Unit" for the purposes of this Agreement) for grazing, payable on or before the
tenth (10`"� day of each following month at the office of the City at 1314 Avenue K, Lubbock.
TX 79401, Attn: Accounting Department. The check or payment shall include the reference
to this Agreement thereon. On the last day of each month and at the
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final removal of the cattle from the Premises, the cattle will be counted by the Contractor, and
such account shall be the basis of payment by the Contractor 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 Agreement, at the
time of such removal. Statements shall be submitted by Contractor to City along with, and
reflecting, payments due from the Contractor to the City for each monthly period.
Notwithstanding anything to the contrary herein, all amounts due the City under this Agreement
must be paid prior to the removal of any cattle from the Premises by Contractor.
ARTICLE IV
CITY'S RESERVEQ RIGHTS
4.01 As set forth in Section 1.02, all uses of the Premises, other than the grazing of
beef type cattle as prescribed herein by Contractor, are hereby expressly reserved to the City.
Without limiting the generality of the foregoing, the City hereby specifically reserves the
following rights:
a. The City shall have access at any and all times, to any or all of the Premises.
The City may conduct any all types of work, study, maintenance, research
or any other activity of any kind upon the Premises, as may be deemed
necessary or desirable by the City during the term of this Agreement.
b. The City may allow public access to the Premises for hunting and non-
hunting activities (or, i.e., hiking, photography, studies, bird watching and
similar activities) at any time deemed necessary or desirable by City. It is
noted that all parties having access to the Premises are required by the
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City to have in their possession at all times written permits issued by the
City.
c. The City may conduct prescribed burn and other vegetation control
methods, including the application of herbicides or pesticides, on all or any
portion of the Premises. Although it is the City's intention that the described
activities will not reduce the acreage of the Premises available to
Contractor, such may occur, and the adjustment of livestock, as provided
in Section 5.01, below, should be anticipated.
d. The City may prepare and plant supplemental wildlife food plots (the
"Plots") on 29 acres, more or less, as depicted on Exhibit "A". Unless the
City shall fence the Plots with an enclosure capable of turning livestock of
ordinary demeanor, Contractor may utilize the Plots for grazing purposes.
Nothing contained herein shall be construed to require the City to plant the
Plots in any crop and the City makes no representation, assurance or
warranty regarding the availability, quantity, quality, digestibility, or type
of vegetation or crop planted on the Plots at any time.
4.02 When any rights are granted to the "City" in this Article IV, such term shall be
construed to include its agents. employees, representatives, invitees and independent
contractors.
ARTICLE V
GRAZING OF PREMISES
5.01 Contractor expressly recognizes and stipulates that the grazing of the Premises
will be under a strict management regime by the City. The management practices upon the
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Premises 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. It is anticipated at
this point in time that the City intends to operate a rotational grazing program, as roughly
depicted in Exhibit "A", attached hereto and made a part hereof. As a result, it is hereby
expressly understood and stipulated by Contractor that only a portion of the Premises, as
dictated by City, shall be available for grazing by Contractor at any specific time. THE CITY
SHALL HAVE THE RIGHT TO DICTATE (i) THE NUMBER OF CATTLE GRAZED
UPON TIIE PREMISES; (ii) THE TIMES AT WHICH TIIE CATTLE GRAZE UPON THE
PREMISES, OR ANY PART THEREOF; (iii) THE AREAS OF THE PREMISES GRAZED
BY CONTRACTOR'S CATTLE; AND (iv) ANY AND ALL OTHER ASPECTS OF THE
MANAGEMENT OF THE PREMISES AND THE GRAZING OF THE PREMISES THAT
THE CITY SHALL DEEM NECESSARY OR ADVISABLE, IN ITS SOLE AND
ABSOLUTE DISCRETION.
Grazing periods for each pasture of the Premises may change at any time, as dictated
by the City, at grazing intervals to allow each pasture to continue a continual pattern of
vegetative growth, removal by grazing and regrowth, throughout the year, and will be based
upon, among other factors, rainfall received, growth rate of plants, size of pastures, water
availability and management objectives of the City.
Contractor shall move the cattle upon the Premises as dictated by the City on or before
seventy-two (72) hours after receipt of notice to Contractor by City. Contractor stipulates that
the riparian areas of the Premises are sensitive areas and that in addition to the general rights
of the City to require moving, addition to and removal of cattle, the City may require enhanced
movement of cattle in Pasture 5 and Pasture 4. Although the number of
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cattle are likely to change during the term of this Agreement, and are as to be dictated by the
City, as set forth herein, the anticipated initial stocking rate of the Premises is thirty-eight
(38) animal units.
5.02 Contractor has made an independent inspection and evaluation of the Premises
and acknowledges that the Contractor has made no statements or representations concerning
the present or future value of the grazing rights granted herein, the condition or carrying
capacity of the Premises, or the anticipated income, costs, or profits, if any, to be derived from
the Premises. FURTHER, CONTRACTOR MAKES NO REPRESENTATION OR
WARRANTY WHATSOEVER, EXPRESSED, STATUTORY, OR IMPLIED,INCLUDING,
BUT WITHOUT LIMITATION, AS TO THE DESCRIPTION, VALUE, QUALITY,
PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PREMISES, INCLUDING
WITHOUT LIMITATION, THE QUALITY AND AVAILABILITY OF WATER FOR
LIVESTOCK, MERCHANTABILITY OR FITNESS FOR PURPOSE OF
ANY OF THE PREMISES. Contractor further acknowledges that, in entering into this
Agreement, it has relied solely upon its independent evaluation and examination of the Premises
and the independent estimates, computations, evaluations and studies based thereon. City
makes no warranty or representation as to the accuracy, completeness or usefulness of any
information furnished to Contractor if any, whether furnished by City or any third party. City,
its officers, employees, elected officials and agents assume no liability for the accuracy,
completeness or usefulness of the material furnished by the City or any of its officers,
employees, elected officials, and�or agents. if any, andior any third party. Reliance on material
so furnished shall not give rise to any cause, claim or action against the
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City, its officers, employees, elected officials andlor agents, and any such reliance shall be at
Contractor's sole risk.
THE GRANT OF THE GRAZING R I G H T S ON THE PREMISES, AS SET FORTH
HEREIN, SHALL BE ON A"WHERE IS", "AS IS" AND "WITH ALL FAULTS" BASIS
AND SHALL BE WITHOUT REPRESENTATION OR WARRANTY WHATSOEVER.
EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, AS
TO THE DESCRIPTION, PHYSICAL CONDITION OF THE PREMISES, QUALITY,
VALUE, FITNESS FOR PURPOSE, MERCHANTABILITY, OTHERWISE. Contractor
has satisfied itself, prior to entering into this Agreement, as to the type, condition, quality and
extent to the Premises and the usefulness of the Premises for grazing of cattle as set forth herein.
5.03 Contractor may move cattle upon the Premises during the day light hours of any
day of the term hereof by use of horses and or four wheeler or other all terrain vehicles. In the
event Contractor desires to move cattle by aerial method, such as a helicopter or fixed wing
aircraft, Contractor shall provide a minimum of fifteen (15) days advance written notice to the
City.
ARTICLE VI
RESPONSIBILITY OF CONTRACTOR
6.01. Contractor shall graze the applicable portion of the Premises, in the manner,
location and with the number of cattle, as directed by City, to follow the grazing management
practices described in Article V, above. CONTRACTOR HEREBY EXPRESSLY AGREES
AND STIPULATES THAT THE NUMBER OF CATTLE TO BE GRAZED UPON THE
PREMISES MAY 1NCREASE OR DECREASE (TO AS LITTLE AS NONE) WITHIN THE
TERM OF THIS AGREEMENT, AS DIRECTED BY CITY, IN ITS SOLE AND
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ABSOLUTE DISCRETION. Contractor shall, within thirty (30) days after written notice by
City, increase or decrease the number of cattle upon the Premises, as directed in the notice.
6.02. The Contractor shall provide all necessary labor, medication, salt, mineral, feed
and services necessary for the care of the cattle grazed upon the Premises, and City shall have
no responsibility for the care of the cattle whatsoever. The location of areas wherein salt,
mineral and supplemental feeds are provided shall be located so as to avoid sources of water
and to enhance proper livestock distribution, to protect against over and under grazing and to
ensure proper grazing animal impact on the Premises, and both surface water and ground water,
as stipulated by City in its discretion. Contractor shall provide a log to City as to the amount
and type or supplement furnished to the cattle, if so requested by the City, and shall certify that,
or provide certification of all feeds being utilized on the Premises as being free of any
contaminants, including without limitation, aflatoxin.
6.03 Cattle stocked upon the Premises shall have tested negative for brucellosis prior
to introduction to the Premises or must be derived from a brucellosis-free herd, and certified as
such by Contractor. All cattle shall be maintained on the pastures of the Premises as dictated
by City, as provided herein. Recovery and return of lost, escaped, estrayed or stolen livestock
shall be the sole responsibility of Contractor. In the event livestock have strayed from the
Premises onto lands owned by the City, other than the Premises, Contractor shall obtain
permission from City prior to searching for such lost livestock. All cattle placed on the
Premises by Contractor shall be marked and/or branded so that they are identifiable both on a
herd and individual basis.
6.04 Contractor shall notify City as soon as reasonably practicable of any health
issues arising in Contractor's herd on the Premises and shall report same to the City, along
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with a report of the apparent cause of death, if applicable. In the event of any disease or other
cause of quarantine dictated by any governmental entity with jurisdiction over such matters, all
livestock upon the Premises will be handled as directed by such entity.
6.05 Contractor shall notify City at least twenty-four (24) hours prior to the confining
of livestock, or working the livestock relating to weaning, worming, inoculation, inspection,
spraying or any other related activities.
6.06 Contractor may erect temporary pens, sheds, storage buildings, or other
livestock enclosure facilities with the written consent of the City, said consent not to be
unreasonably withheld. Notwithstanding the right to construct such temporary improvements,
the City may require Contractor to disassemble andlor relocate any or all of these structures at
any time during the term of this Agreement. Contractor shall be prohibited from placing any
obstruction, such as a pipe barrier or gate, in the cattle guards located, or to be located in the
future, on the Premises.
6.07 Contractor shall perform all maintenance, repair, replacement and general
upkeep of the Premises and improvements located thereon and shall pay all costs related to
the performance thereof, including without limitation, all costs of labor and materials. Without
limiting the generality of the foregoing, said improvements shall include: water wells, whether
through solar powered pump, electrical submersible pump or windmill, fences, pens, gates
and cattle guards. All of such maintenance activities shall be performed in a good and
workmanlike manner, and all materials utilized in such maintenance activities shall be of high
quality. Fencing shall be maintained so as to tum and enclose cattle as required by this
Agreement. Fencing shall include boundary, perimeter and cross fencing of all types and
construction and including panel gates, wire gates, barbed wire fencing,
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working pens, chutes, corrals water gaps and cattle guards, whether existing at the inception of
this Agreement or constructed during the term of this Agreement. Contractor shall maintain a
daily log of all repairs and maintenance performed and furnish said log to the City, along with
the report related to cattle on the Premises, as set forth in Section 6.04. The log shall specifically
include information relating to the repair or maintenance of the improvements including the
date thereof, the location of the improvement, the type of the improvement, the type of work
performed, the materials expended and approximate cost thereof.
6.08 Contractor shall conduct its operations on the Premises so as to not damage, or
allow the damage, of any property of the City. Any property of the City that is damaged by
the action, inaction or operation of Contractor on the Premises shall be repaired or replaced
by Contractor to the satisfaction of the City, at its sole discretion, at Contractor's expense.
The City may, but shall not be required to, replace or repair such Property and the Contractor
shall pay to City all of such costs incurred by City, including without limitation, labor
performed by the City.
6.09 Contractor shall remove any and all litter or debris from the Premises and no
such litter or debris shall be stored or disposed of on the Premises whatsoever.
6.10 Any and all travel upon the Premises of motorized vehicles of any kind or
type shall occur solely upon roads located on the Premises as designated by City.
6.11 Contractor shall not utilize, place, store or apply any chemicals of any kind or
type, including herbicides, pesticides and or poisons of any type, on the Premises without the
consent of City, said consent to be at the sole discretion of City. Further, Contractor shall not
remove from the Premises any plant material, rock, animal life, artifact, and shall not dig,
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excavate or remove any soil or subsurface soil or mineral deposits of any kind or type from
the Premises.
6.12 Contractor shall not store, park, place or operate upon the Premises any
equipment or materials not utilized or to be utilized by Contractor in the management of the
cattle located upon the Premises.
6.13 Notwithstanding the fact that this Agreement provides no right of any kind to
hunt or fish upon the Premises, Contractor shall be permitted to harvest, kill and/or remove
feral hogs from the Premises. No carcasses or part of any hog taken, killed or harvested may
be disposed of or left to remain on the Premises within twenty-five (25) feet of any roadway,
gate or Plot on the Premises.
6.14 Contractor shall not camp or otherwise reside, either on a permanent or
temporary basis, upon the Premises. Further, Contractor shall have no access or the right to
utilize, in any way or form, any electric utilities, buildings, equipment or materials of the
City except as otherwise provided herein or by consent of the City, said consent to be at the
sole discretion of the City.
6.15 CONTRACTOR SHALL BE SOLELY RESPONSIBLE 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 PREMISES OR
OTHER CITY OWNED LANDS, INCLUDING WITHOUT LIMITATION, SICKNESS OR
DEATH LOSS, FROM ANY CAUSE, AND STRAYING
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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 1NDEPENDENT
CONTRACTORS.
6.16 Contractor shall procure and carry, at its/his/her 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 (ii) contain a
waiver of any and all of the insurer's rights to subrogation that any such insurer or insurers may
acquire by virtue of payment of any loss under such insurance.
A. Comprehensiv�� 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
primary additional insured in such policy.
B. Comprehensive A��tomobile Liability Insa�rance. The Contractor shall have
Comprehensive Automobile Liability Insurance, with limits or not less than
bodily injuryi property damage $1,000,000 combined single limit, to include
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all owned and non-owned vehicles, including employer's non-ownership
liability hired and non-owned vehicles. The required Automobile Liability
Insurance shall include coverage for environmentally related bodily injury and
property damage. The City shall be named as primary additional insured in such
policy.
C. Worker's Compensation. The Contractor shall elect to obtain worker's
compensation coverage in the amount of $500,000 pursuant to Section
406.002 of the Texas Labor Code. Further, Contractor shall maintain said
coverage throughout the term of this Contract and shall comply with all
provisions of Title 5 of the Texas Labor Code to ensure that the Contractor
maintains said coverage. Any termination of worker's compensation insurance
coverage by Contractor or any cancellation or non-renewal of worker's
compensation insurance coverage for the Contractor shall be a material breach
of this Agreement. The Contractor may maintain Occupational Accident and
Disability Insurance in lieu of Workers' Compensation. In either event, the
policy must be endorsed to include a waiver of subrogation in favor of the CITY
OF LUBBOCK.
6.17 CONTRACTOR SHALL INDEMNIFY AND HOLD CITY AND GITY'S
ELECTED OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, 1NVITEES, LICENSEES
AND 1NDEPENDENT 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 TIIE
CONTRACTOR'S USE OR OCCUPATION OF THE PREMISES OR OTHER CITY
OWNED LANDS, 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
PREMISES OR OTHER CITY OWNED LANDS. AND INCLUDING ANY AND ALL
CLAIMS, DEMANDS, DAMAGES, COSTS AND EXPENSES CAUSED, IN WHOLE OR
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PART, BY THE SOLE, CONCURRENT ANDIOR GROSS NEGLIGENCE, OF ANY KIND,
TYPE OR DEGREE, OF CITY, CITY'S ELECTED OFFICIALS, AGENTS, OFFICERS,
EMPLOYEES, 1NVITEES, LICENSEES 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.
6.18 Contractor shall comply with all applicable state, federal and local laws, statutes,
rules, regulations and ordinances.
6.19 Contractor shall pay all taxes, if any, on the livestock grazed on the Premises.
ARTICLE VII
TERMINATION
7.01. In the event the City determines that grazing of cattle on the Premises is no longer
feasible or advisable, in its sole and absolute discretion, or otherwise desires to terminate this
Agreement for any reason, then the City may, by giving ninety (90) days prior notice to
Contractor, teminate this Agreement.
7.02. If the Contractor desires, for any reason, to terminate this Agreement, the
Contractor may, by giving ninety (90) days prior notice to the City, terminate this Agreement.
7.03 Contractor shall have until the termination of this Agreement, as set forth in this
Article VII, or expiration of this Agreement if not terminated earlier, to remove all cattle and
any property or improvements owned by Contractor from the Premises. In the event
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Contractor does not so remove its property within the time period prescribed herein, City
may remove such property remaining on the Premises and dispose of same in the manner and
on the terms it deems fit, and Contractor hereby waives and releases the City from any claims
it may have regarding such removal and disposition. Additionally, Contractor shall be
responsible to City for any and all costs incurred by City in the removal and disposition
activities. In the event the City shall so desire, City may retain all or a part of Contractor's
property remaining on the Premises at the termination of this Agreement as its own Property,
without liability of any kind or nature to Contractor for same.
7.04. 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. ln 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. Without limiting the above, City may, in the case of the
default of non-payment for cattle being removed from the Premises, prevent Contractor from
removing cattle from the Premises, until the default is cured, without being liable to Contractor
in any way, manner or form. 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. 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.
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8.02 Contractor herein expressly stipulates and agrees that City possesses a
statutory lien upon the cattle left for grazing for the amount of charges for such grazing.
ARTICLE IX
ACCESS AND OCCUPATION OF PREMISES
9.01 Contractor shall not have access to, and shall not enter, the Premises between the
hours of (i) one (1) hour before sunrise and 10:00 a.m.; and (ii) 4:00 p.m. and one (1) hour
after sunset, during any youth rifle hunt, archery hunt and rifle deer hunt weekends and turkey
rifle hunt weekends, on, among other lands, the Premises. Hunting will proceed on the
Wildlife Mitigation Arca according to State guidelines. Contractor shall be provided the dates
by City for subsequent year hunting dates on or before September 1 S', of each year of this
Agreement. ln the event Contractor is in need, due to unforeseen emergency conditions, to
enter the Premises during the hours and dates described above, it shall immediately contact the
City to discuss potential access arrangements. However, nothing contained in herein shall be
construed to require the City to allow access to Contractor to the Premises during these times.
ARTICLE X
MISCELLANEOUS
10.01. This Agreement shall not give rise to a partnership, joint venture or joint
enterprise between the parties hereto. Neither party shall have the authority to bind the other
without the other party's written consent.
10.02. 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 any such mineral agreements and City
shall receive all consideration paid for such damages.
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10.03. Contractor represents and warrants to City that the execution, delivery and
performance of this Agreement and the activities contemplated hereby constitute legal, valid
and binding obligations of Contractor and that this Agreement is enforceable in accordance
with the terms hereof.
10.04. 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 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.
10.05. 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 (3`d> business day after such notice is so
deposited.
Contractor's address and numbers for the purpose of notice are:
Petree Farms
9321 E CR 6840
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Slaton, TX 79364
Phone: 806-239-5089
Einail: blake.petree cr cropins.net
with copy to:
Attn: Blake Petree
Address: 9321 E CR 6840
Slaton, TX 79364
Phone: 806-239-5089
Email: blake.petree@cropins.net
City's address and numbers for the purpose of notice are:
City of Lubbock
Attn: Erik Rejino, Assistant City Manager
P.O. Box 2000
Lubbock, Texas 79457-2000
Phone# (806) 775-2355
with copy to:
City of Lubbock
Attn: Wood Franklin. Division Director of Public Works
P.O. Box 2000
Lubbock, Texas 79457-2000
Phone# (806) 775-2343
Either party may change its address or nu�nbers 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.
10.06. This Agreement contains the entire Agreeinent 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.
LAH Grazing Agreement Page 18 of 22
10.07. 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.
10.08. 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 1N 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.
10.09. If any provision, or portion or 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.
10.10. Contractor shall not utilize the Premises in any way, manner, or form, other than
that as expressly set forth in this Agreement.
10.11. This Agreement may not be assigned by Contractor.
10.12. Contractor shall have no use of surface water or groundwater, except for
livestock watering purposes.
10.13. 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
LAH Grazing Agreement Page 19 of 22
any single or partial exercise thereof preclude any other further exercise thereof or exercise
of any other right.
10.14. Hazardous Substances (herein so called), as defined in the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)), or
materials containing Hazardous Substances, shall not (i) be utilized, in any way, manner or
form, in the operation of the Premises; or (ii) be brought upon, placed, or located, by any party,
on the Premises, 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 Premises,
or that it is necessary to place and� or otherwise locate upon the Premises, 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 or 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.
10.15. In the event either party shall breach this Agreement, the defaulting party shall
pay to the prevailing party all costs incurred by it, including without limitation, reasonable
attorneys' fees, and including all costs of appeal.
10.16. Any actions that are to be or may be exercised or taken by the City herein are
hereby delegated by the City Council of the City of Lubbock to the City Manager or his/her
designee.
Effective for all purposes as of June 24th, 2025.
LAH Grazing Agreement Page 20 of 22
�. TY OF L BBOCK
�
M McBra r, Mayor
ATTEST:
Courtney z, City Secretary
�rks
VED AS TO FORM:
� �
elli Leisure, Senior Assistant City Attorney
CONTRAC'I'Ok
BY .
Authorized Representative �
Q����.� ,���-�
Print Name
�i3�� � �� ���c�
Address
sr�� � ��7.� 6y
City, State, ip Code
LAH Grazing Agreement page 21 of 22
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LAH Grazing Agreement Page 22 of 22