HomeMy WebLinkAboutCC Resolution 6734 (Sheep Grazing)• r �
RESOLUTION NO. 6734
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL AUTHORIZING THE SIGNING OF AN
AGREEMENT WITH DONALD MILLS 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, an agreement with DONALD 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 6th day of February, 1984,
by the following vote, to wit:
AYES: COUNCILMEMBERS:Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:None
JE NE M. LEONCIN , City Clerk
AGREEMENT
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
PPrTm21T.0
WHEREAS, Mills owns thousands of head of sheep and desires
grassy lands suitable for grazing; and
WHEREAS, City is desirous 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 space areas shall be kept locked at
all times.
Agreement
Page Two
5. 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.
S. 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 hut 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.
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 resnonsihilitieG and benefits inure to any successor and
interest unless such assignee or successor includes Mills owning 50% or
more of successor entity.
14. This agreement is subject to County of Marin approval as
to any property covered by this agreement but lying outside City boundaries.
ATTEST:
WHEREFORE, The Parties Below Have Set Their Hands.
DONALD MILLS
JEANNE M. LEONCINI LAWRENCE E. MULRYAN
CITY CLERK, CITY OF SAN RAFAEL MAYOR OF SAN RAFAEL
Approved as to form
CITY ATTORNEY
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GRAZING AREA
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