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HomeMy WebLinkAboutResolution No. 6138RESOLUTION NO. 6138 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE SIGNING OF A HOLD HARMLESS AND INDEMNIFICATION AGREEMENT FOR THE GRAZING OF SHEEP IN CITY 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, a hold harmless and indemnification agree- ment with Don Mills for the grazing of sheep in City 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 20th day of July, 1981, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan None None jlirE M. LEONCINI, ity Clerk r AnUVVKAVMM This Agreement By and Between Donald Mills (herein "Mills") and the City of San Rafael (herein "City") on this day of 1981. WITNESSETH RECITALS WHEREAS, Mills owns thousands of head of sheep and desires grassy lands suitable for grazing. WHEREAS, City is desirous of seeking methods of trimming grass- lands and hills in certain open -space areas to help reduce fire hazard. NOW, THEREFORE, in consideration of the mutual promises and coven- ants 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 of these sheep on the area delineated on a map attached hereto and incorporated herein by reference as Exhibit A. 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 Mount Marin play area adjacent to the old Lucas Valley Road. Entrance to said temporary faciltiy 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. �t Agreement 'Page Two 5. Grazing shall be allowed for a three month trial period and shall be allowed for an additional nine month period subject to the provisions herein, provided City shall notify Mills within 60 days if the 9 month extension is not granted. 6. 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. 7. 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. 8. City and a County agricultural authority shall inspect the grazing area set forth in Exhibit A before the grazing activities and shall monitor said area at intervals during the three month trial period to determine that grazing is not deleterious to the open space property nor to contiguous private property. 9. City shall investigate all complaints received during the trial period and shall render an appraisal on the merits of same. 10. During the first 3 month (trial period) of this agreement City reserves right to terminate grazing upon only one weeks 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 at any time in advance of the three month period. 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. ,L 1l Agreement •Page Three I C. Evidence indicating violation of the terms of this agree- ment 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. 11. The parties agree that if Mills is granted permission for grazing during the additional nine months following the initial three (3) month observation period he shall be given fourteen days written notice within which to remove all sheep and terminate all grazing activities upon the subject lands if, after notification of any violations set forth in paragraph 10 or grave, serious or emergency conditions occur necessitating removal of the sheep and cessation of the grazing activities, correction of said violation(s) or abatement of said emergency conditions does not occur within three (3) days. 12. 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. 13. 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 represent- ative for personal injury or property damage arising directly or indirectly if forseeable, 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. 14. 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 indemni- fication for City. The provisions and limits of coverage shall be subject to approval of the City Attorney which approval shall not be unreasonably withheld. Agri;iQment Page 4 i 15. This agreement is personal to Mills and shall not be assigned nor shall the responsibilities and benefits inure to any successor and interest unless such assignee or sucessor includes Mills owing 50% or more of sucessor entity. 16, 7 /LII/ S. JJE?C S� :/� r r �� �L/CI ._.•%) G ���/2L J JL C•�k Jr Pr Z. IJ7 cam. Jy CcZ%i1f'C7 jy —��q 1 S Q5r(.4' v-1 1 h c l j 1b�' C71J �i. 11( (/�17� L�Ucln c'li t �• WHEREFORE, The Parties Below Have Set Their Hands. ATTEST: , J NNE M. LEONCIN C y Clerk, City of San Rafael 0 Approved as to form 11 1 LL 1 Z%IU 1 . JU V J-J"A%l1.L , V lA, . Assistant City Attorney 19.8 A/1? DONALD MILLS <—LAWRENCE E. MULRYANN Mayor of San Rafael