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HomeMy WebLinkAboutCC Resolution 7506 (Open Space Grazing)RESOLUTION NO. 7506 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE SIGNING OF AN AGREEMENT WITH JOHN BIDAURETTA AND LEON URRUTIA FOR THE GRAZING OF SHEEP IN TERRA LINDA OPEN SPACE LANDS THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows: The Mayor and City Clerk are authorized to execute, on behalf of the City of San Rafael, an agreement with John Bidauretta and Leon Urrutia dated March 16, 1987 for the grazing of sheep in Terra Linda Open Space lands, a copy of which is attached hereto and incorporated herein by this reference. I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, California, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 16th day of March, 1987, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulrya NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None /G J N ' M. LEONCIN�, City Clerk ORIGINAL AGREEMENT This Agreement By and Between John Bidauretta and Leon Urrutia (herein "Bidauretta/Urrutia") and The City of San Rafael (herein "City") on this 16th day of Parch, 1987. WITNESSETH RECITALS WHEREAS, Bidauretta/Urrutia own thousands of head of sheep and desire grassy lands suitable for grazing; and WHEREAS, City is desirous of seeking methods of trimming grasslands and hills in certain open space areas within the City of San Rafael. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein the parties do hereby agree as follows: 1. Bidauretta/Urrutia shall be allowed to graze one thousand head of sheep plus all lambs born to these sheep on the area delineated on a reap attached hereto and incorporat ecl herein by reference as Exhibit A for a period of one year from the date of the agreement, uniess ext.eiaied by mutual consent of the parties hereto. 2. City shall provide water for Bidauretta/Ur.rutia's sheep. Should adequate spring water be available, it will be used instead. 3. Bidauretta/Urrutia shall provide water troughs and shall move said troughs as necessary to implement watering for said sheep. Agreement Page Two 4. Bidauretta/Urrutia shall be allowed to move a tem- porary :railer as directed by the Parks Superintendent on the grazing area delineated in Exhibit A. Entrance to said temporary facility shall be from Canyon Oak Drive. Said trailer facility shall be allowed sanitation so long as no health or sanitary problems develop as a result. Said temporary trailer shall be located so that it is screened from view from adjacent property and from adjacent roads. Bidauretta/Urrutia shall furnish temporary power required for said trailer. All gates to open space areas shall be kept locks=d at all times. S. Bidauretta/Urrutia shall enclose all sheep within substantial and sufficient fencing or similar apparatus each night during the period of grazing in a location approved by the Parks Superintendent. 6. Bidauretta/Urrutia shall provide at least one sheep• - herding attendant to monitor the sheep at all times and additionally shall provide one or more sheep dogs to assist in the monitoring activities. No horses shall be used for this activity. 7. Citti% and County agricultural authority shall inspect the grazing area set forth in Exhibit A during the grazing ac- tivities and shall monitor said area at intervals during the year to determine that grazing is not deleterious to the open space property nor to contiguous private property. 8. City shall investigate all complaints received during the year and shall render an appraisal on the merits of same. 9. During the term of this agreement, the City reserves right to terminate grazing upon fourteen days written notice to Bidauretta/Urrutia when all avenues for solution have been exhausted concerning any of the following occurrences: Agreement Page Three a. Receipt by City of complaints regarding grazing activities which in the discretion of the City Manager of City are sufficiently grave to warrant cessation of the gazing. b. Determination by City that grazing is or has become harmful to the open space lands because of, but not limited to the following reasons: soil erosion, destruction of grass and plant life, noise, odor, impairment of open space enjoyment, health or sanitary reasons or any other factors constituting a public or private nuisance. C. Evidence indicating violation of the terms of this agreement including but not limited to unauthorized grazing beyond the area set forth in Exhibit A or failure to contain sheep within said boundaries. d. Legal compulsion resulting from litigation, court order or order of any entity with jurisdiction to order termination of the grazing. 10. Bidauretta/Urrutia agree to assume responsibility or liability for all damages or harm to their sheep and all property attendant to grazing; Bidauretta/Urrutia further assumes respon- sibility for all liability or claims lodged against them or the City of San Rafael by their agents or employees. 11. Bidauretta,/Urrutia agree to hold harmless and indemnify City from and against all suits, causes of action, claims, damages, liability or other harm lodged, filed, claimed or asserted by any third party o, its representative for personal injury or property damage arising directly or indirectly, if foreseeable, as a result of the grazing activity. The parties agree specifically to except any existing damage on the property depicted in Exhibit A and to ej~culpate Bidauretta/Urrutia from responsibility or liability for any claims therefor. PAGE FOUR 12, Bidauretta/Urrutia further agree to provide evidence of insurance naming City as a beneficiary or additional insured or which otherwise to the satisfaction of the City Attorney guarantees insurance coverage and indemnification for City. The provisions and limits of coverage shall be subject to approval of the Director of Public Works which approval shall not be unreasonably withheld. 13. Bidauretta/Urrutia and City agree to submit any claims arising under this agreement to binding arbitration pursuant to the current provisions of the Califcrnia Code of Civil Procedure and any successor statutes. 14. This agreement is personal to Bidauretta/Urrutia and shall not be assigned nor shall the responsibilities and benefits inure to any successor and interest unless such assignee or succes- sor includes Bidauretta/Urrutia owning 505 or more of successor entity. 15. This agreement is subject to County of Marin approval as to any property covered by this agreement but lying outside City boundaries. WHEREFORE, The Parties Below Have Set Their Hands. CITY OF SAN RAFAEL BIDAURETTA AND URRUTIA Mayor Vhn Bidauretta ATTEST: City -Clerk APPROVED AS TO FORM _1 Ci ty Atto ney l 'Leon Urrutia