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Home My WebLink AboutCC Resolution 7012 (Sheep Grazing)RESOLUTION NO. 7012 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL EXTENDING THE AGREEMENT WITH DONALD MILLS FOR THE GRAZING OF SHEEP IN TERRA LINDA OPEN SPACE LANDS Upon application of Donald Mills therefor, and due cause being shown this City Council, IT IS HEREBY RESOLVED that the time within which the grazing of sheep in Terra Linda Open Space Lands provided for in that certain Agreement between the CITY OF SAN RAFAEL and DONALD MILLS, be and it is hereby extended to and including the 6th day of February, 1986. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, 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 21st day of January, 1985. AYES: COUNCILMEMBERS• Breiner, Nave, Russom and mayor D4ulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli (rs// - A X JEPfNNEM. LEONC,�C City Clerk op, I GmN. AL I AGREEMENT i This Agreement By and Between Donald Mills (herein "Mills") and The City of San Rafael (herein "City") on this 6th day of February, 1984. WITNESSETH RECITALS WHEREAS, Mills owns thousands of head of sheep and desires grassy lands suitable for grazing; and WHEREAS, City is desirouo of seeking methods of trimming grass- lands 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. Mills shall be allowed to graze one thousand head of sheep plus all lambs born to these sheep on the area delineated on a map attached hereto and incorporated herein by reference as Exhibit A for a period of one year from the date of the agreement, unless extended by mutual consent of the parties hereto. 2. City shall provide water for Mills' sheep. Should adequate spring water be available, that will be used instead. 3. Mills shall provide water troughs and shall move said troughs as necessary to implement watering for said sheep. 4. Mills shall be allowed to move a temporary trailer or mobile home on the area delineated in Exhibit A near the Mont Marin play area adjacent to the old Lucas Valley Road. 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 accrue from said sanitary facility. Said temporary trailer shall be located so that it is screened from view from adjacent property and from adjacent roads. Mills shall furnish any temporary power required for said trailer. All gates to open mace areas shall be kept locked at all times. DUPLICATE ORIGINAL Agreement Page Two S. Mills 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 City Engineer. 6. Mills 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. 7. City and a County agricultural authority shall inspect the grazing area set forth in Exhibit A during the grazing activities 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 Mills when all avenues for solution have been exhausted concerning any of the following occurrences: 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 grazing. 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, nose, 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 btut 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. e 3 agreement Page Three 10. Mills agrees to assume responsibility or liability for all damages or harm to his sheep and all property attendant to grazing; Mills further assumes responsibility for all liability or claims lodged against him or the city of San Rafael by his agents or employees. 11. Mills agrees 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 or 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 exculpate Mills from responsibility or liability for any claims therefor. 12. Mills further agrees 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. This agreement is personal to Mills and shall not be assigned nor shall the resoonsihilitieG and benefits inure to any successor and interest unless such assignee or successor includes Mills owning 50% or more of successor entity. 14. This agreenent is subject to County of Marin approval as to any property covered by this agreement but lying outside City boundaries. V, -HEREFORE, The Parties Below Have Set Their Hands. a DONALD MILLS ATTEST: �c `�K'Y 'I i�iv� f�'�a— E �1. EO ++ LAWR NCE E. MULRYA CITY CLERK, CITY OF SAN RAFAEL MAYOR OF SAN RAFAEL Approved as to form r�- -C'— ---- N-SAr lr - CITY ATTORNEY S T NA '4 `` // J \•` s i .\ ,'' "\. '_��; t l `,'? �, t ` '> t f ,ter' g Ji.. eo PO /•• ' \,,..�,;.... 1•/'t � ',: i _ AS't .77 If 'd �r,...._ -'„; ''+-;:,\ �, � •.� :' \�:'�";•,,., �!..,.,. ''.. ..-,/moi:--'. OS �-� % GRATING ARS A `pGAS 1oN MAP r A ''. i511