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HomeMy WebLinkAboutResolution - 2001-R0233 - Contract With Franklin Cattle Company For Grazing Rights - 06/14/2001Resolution No. 2001-R 0233 June 14, 2001 Item No. 59 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 with Franklin Cattle Company of House, New Mexico, for Cattle Grazing Rights - Summer and Winter Grazing, and all related documents. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 14th day of June 2001. WINDY SI TON, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED Hindman, Farm Manager APPROVED AS TO FORM: Linda Chamales, Supervising Attorney/Office Practice LC:gs/ccdocs/Franklin Cattle Co.res. May 30, 2001 Resolution No. 2001-RO233 June 14, 2001 Item No. 59 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 FRANKLIN CATTLE COMPANY, referred to as "CONTRACTOR." 2. RECITALS. 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 CONTRACTOR desire to enter into a written agreement to govern the grazing of cattle by CONTRACTOR on the City farms pursuant to the terms and 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 CONTRACTOR'S cattle under this Contract shall be approximately July 1, 2001 to June 30, 2004, it being understood that the exact dates for the pacing and removing of cattle will be mutually agreed on by CONTRACTOR and CITY. 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 land is stocked; however, the cattle to be grazed are: 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. 3.3 RENTAL. CONTRACTOR agrees to pay 15 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 CONTRACTOR, with the cooperation of the CITY 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 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 statements. 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 City Farms 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 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 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 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. CATTLE GRAZING AGREEMENT Page 2 of 5 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 property. 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 property. 3.11 RENEWAL OR EXTENSION OF CONTRACT. The parties may, by mutual agreement, extend this Contract for an additional three year period. No extension, amendment, modification or alteration of the terms of this Agreement, however, shall be binding unless the extension, amendment, modification or alteration is in writing, dated subsequent to the date of this Agreement and duly executed by the Contractor and City. 3:12 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 CONTRACTORS 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 CONTRACTORS 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. 3.13 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. CATTLE GRAZING AGREEMENT Page 3 of 5 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. CITY agrees to indemnify and hold CONTRACTOR harmless from consequences of negligence of the agents and employees of CITY resulting in loss or injury to third parties. 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. 3.14 ASSIGNMENT. This Contract may not be assigned or subcontracted by CONTRACTOR without the prior written approval of the CITY. 3.15 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 2004. 3.16 FENCES. CITY shall maintain fences on the subject property during the term of this Contract. 3.17 CORRALS - PENS - LOADING FACILITIESy 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. 3.18 BINDING EFFECT. This Contract shall be binding on the parties hereto, the heirs, legal representatives, successors and assigns. 3.19 VENUE. This Contract is performable in Lubbock County, Texas, where venue lies for any disputes arising under this Contract. CATTLE GRAZING AGREEMENT Page 4 of 5 SIGNED AND EXECUTED on this the 14th day of June CITY OF LUBBOCK: ,; CONTRACTOR: ALEX "TW -COOL � MAYOR PRO TEM ATTEST: REBECCA. GARZA, CITY SEC TARY APPROVED AS TO CONTENT: lvl�-u v riv Ll� VED AS TO FORM: LINDA CHAMALES SUPERVISING ATTORNEY/OFFICE PRACTICE gs/cityatt/Linda/Cattle Grazing Agrmt.res May 30, 2001 2001. GLEN FRANKLIN FRANKLIN CATTLE COMPANY CATTLE GRAZING AGREEMENT Page 5 of 5 P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2592 • Fax: (806) 775-3027 Franklin Cattle Company Box 703 House, New Mexico 88121 February b, 2003 Resolution No. 2003-80108 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 'rely, erry El brook Director of Public Works Accepted and agreed: C§�2 ZY—V qM4�'�' Glen Franklin Franklin Cattle Company Encl RKC/ke