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