HomeMy WebLinkAboutAgenda_PAREB_01.11.2018Notice of Meeting for the
Parks and Recreation Adv isory Board
of the City of Georgetown
January 11, 2018 at 6:00 PM
at 1101 N. College Street, Georgetown, TX 78626
The City o f G eo rgeto wn is committed to comp lianc e with the Americans with Dis abilities Ac t (ADA). If yo u
req uire as s is tanc e in participating at a p ublic meeting d ue to a disability, as d efined und er the ADA, reas onab le
as s is tance, ad ap tatio ns , or acc o mmo d ations will b e provid ed up o n req uest. P leas e c o ntact the City Sec retary's
Office, at leas t three (3) days prior to the sc hed uled meeting d ate, at (512) 930-3652 o r City Hall at 113 Eas t 8th
Street fo r add itional info rmation; TTY us ers ro ute through Relay Texas at 711.
Regular Session
(This Regular S es s io n may, at any time, b e rec es s ed to convene an Exec utive S es s io n fo r any p urpose
authorized b y the Op en Meetings Act, Texas Go vernment Co d e 551.)
A Call to Ord er
B Ro ll Call
C Parks and R ec reatio n s taff memb er introd uc tion and presentatio n
D Up d ate from the F riends o f Georgetown P arks and Rec reation
E Pro ject Update: Garey P ark, S an Gab riel Park, Columb arium, Meadows Park and Trail Recons truction
F Up d ate on the Parkland Dedic ation proc es s and s ched ule.
Legislativ e Regular Agenda
G Co nsideration and possible actio n to reco mmend ap p ro val o f the p ro pos ed p arkland dedic ation for the
Davidson Ranc h s ub d ivision.
H Co nsideration and possible actio n to reco mmend ap p ro val o f the p arkland d ed icatio n fo r the Berry Creek
Highlands MUD.
I Co nsideration and possible actio n to reco mmend ap p ro val o f a Pub lic P arkland Maintenanc e Agreement
with the S un C ity Texas Community As s oc iation for maintenance o f a nature trail through City parkland
loc ated at S tets o n Trail.
J Co nsideration and possible actio n to reco mmend ap p ro val o f a Revo cab le Licence Agreement with the
Sun City Texas C o mmunity Assoc iation to p ermit the us e of an unimproved trail on City parkland.
K Co nsideration and possible actio n to approve minutes from the No vemb er 9, 2017 meeting
Adjournment
Ad jo urn
CERTIFICATE OF POSTING
I, Shelley No wling, C ity S ecretary fo r the C ity of Geo rgeto wn, Texas , d o hereby c ertify that this Notice of
Page 1 of 34
Meeting was p o s ted at City Hall, 113 E. 8th Street, a p lace read ily acc es s ible to the general p ublic at all times ,
on the ______ d ay o f __________________, 2018, at __________, and remained so p o s ted fo r at leas t 72
c o ntinuo us ho urs p receding the sc heduled time o f s aid meeting.
____________________________________
S helley No wling, City Sec retary
Page 2 of 34
City of Georgetown, Texas
Parks and Rec Advisory Board
January 11, 2018
SUBJECT:
Parks and Rec reation s taff member intro d uc tio n and p res entation
ITEM SUMMARY:
FINANCIAL IMPACT:
None
SUBMITTED BY:
Jill Kellum, Adminis trative Sup ervisor
Page 3 of 34
City of Georgetown, Texas
Parks and Rec Advisory Board
January 11, 2018
SUBJECT:
Update from the Friend s of Geo rgeto wn Parks and R ecreatio n
ITEM SUMMARY:
FINANCIAL IMPACT:
N/A
SUBMITTED BY:
Kimberly Garrett, Parks and Recreatio n Direc to r
Page 4 of 34
City of Georgetown, Texas
Parks and Rec Advisory Board
January 11, 2018
SUBJECT:
Projec t Update: Garey Park, San Gabriel Park, C o lumbarium, Mead o ws Park and Trail Rec o nstruc tion
ITEM SUMMARY:
Projec t update attac hed .
FINANCIAL IMPACT:
NA
SUBMITTED BY:
Kimberly Garrett, Parks and Recreatio n Direc to r
ATTACHMENTS:
Description Type
Report Backup Material
Page 5 of 34
Parks and Recreation
Capital Improvement Projects –January 2018
Garey Park –Prime Construction continues remodel work in Garey House. Flooring and tile work is 75%
complete. Walls are being prepared for plaster and paint. Convergint has completed the installation of
the fire alarm system and are scheduling the installation of the fire sprinkler system. Final inspection for
site electrical is being scheduled with PEC. Placement of electrical service is pending that inspection.
Pavilion pads in the play ranch area have been poured. Equestrian pavilion pad is being formed for
concrete. Vortex is on site and has begun construction of the splash pad. TF Harper is on site for
installation of the playground. Pedestrian and equestrian trail construction continues. Remaining roads
and parking have been paved. The maintenance facility is 60% complete.
Garey House interior flooring Maintenance facility
Large pavilion at Play Ranch Playground installation
Page 6 of 34
San Gabriel Park – Westar Construction continues work at San Gabriel Park. The project is currently 80%
complete. Restroom construction continues. All paving and concrete work has been completed.
Revegetation and cleanup of the site is underway. All pavilions are installed with painting being done.
Items left to be completed are landscape and irrigation of spring area, pavement striping and parking
stops, restrooms, paint, playground surfacing and minor electrical. The project is scheduled for
substantial completion February 9th.
Playground ready for surfacing Large restroom stone veneer
Columbarium – A Columbarium is planned to be constructed at IOOF Cemetery. The project is
scheduled to bid January 25th with a 60 day construction period.
Meadows Park – Pavilion renovations and playground replacement are scheduled to be completed in
the next few months at Meadows Park. Additional sidewalk work will be done to meet ADA compliance.
Staff has ordered the playground and installation is pending delivery.
Trail Reconstruction – 2018 phase II reconstruction of the San Gabriel River Trail is scheduled to be
completed this spring. Staff is assessing current conditions for ADA compliance.
Page 7 of 34
City of Georgetown, Texas
Parks and Rec Advisory Board
January 11, 2018
SUBJECT:
Update on the P arkland Ded icatio n p ro cess and s c hedule.
ITEM SUMMARY:
FINANCIAL IMPACT:
NA
SUBMITTED BY:
Kimberly Garrett, Parks and Recreatio n Direc to r
Page 8 of 34
City of Georgetown, Texas
Parks and Rec Advisory Board
January 11, 2018
SUBJECT:
Cons id eration and p o s s ib le ac tion to rec o mmend approval of the proposed parkland d ed icatio n fo r the
David s o n Ranc h s ubdivis io n.
ITEM SUMMARY:
David s o n Ranc h is a p ro p o s ed sub d ivision o ff of Southwestern Blvd that borders University Park and
Raintree Subdivis io ns . T his p ro p o s ed development is a mix o f single family and dup lexes. Traditio nally
we would loo k to have a p ublic park for the s ingle family and take fees in lieu o f for the dup lexes o r multi
family. This p artic ular d evelopment is in very c lo s e proximity to two existing p ublic parks and c lo s e to
s everal o ther p arks . Staff has been on site and is rec o mmending that fees b e taken for the entire
s ubdivis io n inc lud ing the SF due to ho w clos e the s ubdivis io n is to the p ub lic p ark in University Park.
There will b e s id ewalks c o nnecting the two s ubdivis io ns s o ac cess to the exis ting parks is available. There
are 174 single family units planned and 57 two family units . The fees would b e $57,750 whic h would be
ab le to go to imp ro vements p lanned in the next few years at Univers ity Park. T he d eveloper is also
p ro p o s ing to have three p rivate parks within the the develo p ment. Improvement p lanned in the larger p ark
inc lude a plays c ap e, p icnic p avilion, trail and parking.
STAFF RECOMMENDATION
Staff rec o mmend s fees in lieu o f land dedic atio n to s atisfy the p arkland ded ic atio n fo r Davidson Ranc h
s ubdivis io n.
FINANCIAL IMPACT:
NA
SUBMITTED BY:
Kimberly Garrett
ATTACHMENTS:
Description Type
Davids on Ranch layout Backup Material
Nearby Parks Map Exhibit
Page 9 of 34
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Page 10 of 34
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Page 11 of 34
City of Georgetown, Texas
Parks and Rec Advisory Board
January 11, 2018
SUBJECT:
Cons id eration and p o s s ib le ac tion to rec o mmend approval of the parkland dedic ation for the Berry Creek
Highland s MUD.
ITEM SUMMARY:
Berry Creek Highland s MUD is a p ro p o s ed res id ential sub d ivision loc ated off o f HWY 195 adjac ent to
Wes tside Park. T his s ubdivis io n p ro p o s es a c o mb inatio n o f multifamily and s ingle family develo p ment. A
MUD mus t demons trate go ing above and beyond the req uirements o f the parkland d ed icatio n code. In
ad d ition to the land dedic ation, imp ro vements are als o planned. This d evelo p ment is ad jacent to the future
Wes tside Park s o s taff has wo rked with the d eveloper to compliment p lanned imp ro vements to the park.
Parkland Dedication
Public P arkland (dedic ated) will be a minimum o f 20 acres o f public parkland (b as ed on a s ingle
family detached unit projec tion of 943) and a minimum 3 ac re private amenity c enter.
Additionally, developer agrees to pay a fee in lieu of parkland for the Multifamily based upon the
ultimate number of multifamily units constructed. T he P ark Fee will be equal to the City’s P arkland
Dedication Fee which is currently $200/unit, and will be collected by the Developer and deposited
into a fund for the benefit of the City and applied to the public park improvements. T he multi
family must also provide common recreation area for their residents.
T he current P lanned Unit Development shows 1,493 DUs. T his would equal $ 298,600 in P ark
Fees.
Public Amenity Improvements
Develo p er agrees to cons truct the Trail and Trailhead d es cribed b elo w. Ad d itional improvements and
amenities to b e funded with Park F ee desc ribed ab o ve will b e incorporated into the p ublic park dedic ation
and may inc lud e but not be limited to the follo wing:
2 P laygrounds
Trail
Open P lay Field
P icnic Areas
Sand Volleyball
Basketball
Trails and Trailhead
T he developer will provide permanent access and a trailhead to the City’s Westside P ark.
T he developer agrees to construct a 10’ foot wide concrete, looped trail within the dedicated public
parkland designed to connect the City’s Westside P ark and the Berry Creek Trail comprised of
approximately 2,200 linear feet of concrete connecting the Westside P ark to Shell Spur Road and
looping back to Westside P ark.
T he developer to construct a public parking trailhead located on Shell Spur Road including a minimum
of 15 public parking spaces including 2 parking spaces which are handicap accessible.
T he Trail and Trailhead shall be registered with the Texas Department of Licensing and Regulation
(T DLR) designed and constructed to meet the requirements of the Texas Accessibility Standards
(TAS).
Page 12 of 34
If topographic constraints restrict any trail corridors, the U.S. Forest Service Outdoor Recreation
Accessibility Guidelines (FSORAG) may be followed for the trail construction.
T he ultimate P arkland Improvements will subject to the approval of the City P ark’s Director upon the
earlier of:
F inal acc ep tance o f any lot in P arcel 3 o r
Within 180 d ays o f the C ity’s appropriatio n o f funds to develo p Wests id e P ark,
But no later than 12/31/23
The City shall be responsible for the maintenance of the public parkland.
The City will allow the HOA o r property owners as s o ciatio n to p ro vid e additio nal maintenance to the
s ame o r better s tand ard s as the City’s s tand ard s for s imilar improvements and areas .
In ad d ition to the pub lic amenities , the developer als o will provid e private amenities .
Private Amenities
City requires that at a minimum of o ne private amenity center will b e p ro vided. T he p rivate amenity
center will c o ntain a Clubho use and pool fo r Dis tric t res id ent us e only.
The Private Amenity Center will be owned and maintained b y the Community homeowner ’s
as s o ciation.
Staff is s uppo rtive of this proposal as it will b e a b enefit to the p ublic and enhanc e Wests id e P ark. The
Berry Creek Highland s MUD must still be pres ented to City Counc il for approval.
FINANCIAL IMPACT:
NA
SUBMITTED BY:
Kimberly Garrett, Parks and Recreatio n Direc to r
ATTACHMENTS:
Description Type
Berry Creek HIghland Concept Plan Exhibit
Page 13 of 34
WV
WV
W
W
* Open space includes greenbelts, easements and landscape
buffers
314.5 AC.TOTAL
Amenity Center 3.0 AC.
Major Row
Open Space*
19.9 AC.
8.0 AC.
Notes:
RESIDENTIAL (MF-1)
UNITSLOT TYPE ACRES
22.6 AC.
213.5 AC.RESIDENTIAL TOTAL Total Units
Stream Buffers 5.8 AC.
Floodplain Included in Public Park
RESIDENTIAL (MF-2)16.2 AC.
RESIDENTIAL (SF)174.7 AC.
Commercial (C3)19.5 AC.
1,493
226
324
943
Public Park (includes floodplain)20.0 AC.
Fire Station 2.5 AC.
10' Trails
Public Facility (PF)14.2 AC.
(2,174 LF)
Major Row By Others 2.9 AC.
RESIDENTIAL LAND USE SUMMARY
Date: December 12, 2017
Scale: 1" = 600'
SHEET FILE: H:\170013-AVAC\Cadfiles\PLANNING\Submittals\PUD March 2017\Exhibit C3 Update.dwg
GEORGETOWN, TEXAS
AVANTI ACQUISITION COMPANY, LLC
BERRY CREEK HIGHLANDS North
EXHIBIT C
Base mapping compiled from best available information. All map data should be
considered as preliminary, in need of verification, and subject to change.This land plan
is conceptual in nature and does not represent any regulatory approval.Plan is subject
to change.
SEC Planning, LLC
t 512.246.7003
www.secplanning.com info@secplanning.com
Land Planning Landscape Architecture Community Branding
12006000300
AUSTIN, TEXAS
++
+
Page 14 of 34
City of Georgetown, Texas
Parks and Rec Advisory Board
January 11, 2018
SUBJECT:
Cons id eration and p o s s ib le ac tion to rec o mmend approval of a P ublic Parkland Maintenance Agreement
with the Sun City Texas Co mmunity Assoc iatio n fo r maintenanc e of a nature trail thro ugh City p arkland
lo cated at Stets on Trail.
ITEM SUMMARY:
This item was pres ented to the P arks Bo ard o n January 12, 2017 fo r initial c o ns ideratio n. Since then legal
d o cuments and a final trail alignment have been c ompleted .
P arks staff have been working with the Sun City Hiking Club on their request to access undeveloped parkland
in order to have hiking trails connect to existing Sun City hiking trails in the new Queens Tract. T he City of
Georgetown owns a piece of parkland that is adjacent to Sun City and the Queens Tract. T his parkland is also
adjacent to the future Westside P ark. T here are no immediate plans for this parkland and the area they are
requesting is also not easily accessible from the future Westside P ark due to Berry Creek. T he area to be used
is approximately 1,300 feet. T he trails proposed are nature trails with no improvements. At the time we
develop Westside P ark the area would essentially open up to residents, Sun City would be responsible for
managing access into their development for non-Sun City residents. A schematic map is attached which shows
the location of the connector trails.
This Pub lic P arkland Maintenanc e agreement would allow for general routine maintenance o f the trail p ath
inc luding regular tras h c o llectio n and remo val of vegetatio n.
The City Counc il will cons id er approval of this agreement at a future City C o unc il Meeting.
FINANCIAL IMPACT:
NA
SUBMITTED BY:
Kimberly Garrett
ATTACHMENTS:
Description Type
Public Parkland Maintenance Agreement Backup Material
Page 15 of 34
{00009587 / v / CMCNABB / PARKS / 00015 / 10/20/2017} 1
PUBLIC PARKLAND MAINTENANCE AGREEMENT
(SUN CITY – STETSON TRAIL PARK)
STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
This Public Parkland Maintenance Agreement (this "Agreement") is made effective as of
this ____ day of ________________, 2017 (the “Effective Date”) by and between the CITY OF
GEORGETOWN, TEXAS, a homerule city located in Williamson County, Texas (the “CITY”),
and Sun City Texas Community Association, Inc. a Texas non-profit corporation located in
Williamson County, Texas (the “ASSOCIATION”) (collectively, the “PARTIES”), and is as
follows:
RECITALS:
WHEREAS, the ASSOCIATION herein is authorized to maintain the 1,300 ft. walking
path within Stetson Trail Park; and
WHEREAS, the ASSOCIATION acknowledges and agrees that the CITY has exclusive
jurisdiction and control of the Public Parkland.
NOW, THEREFORE, in consideration of the premises; in furtherance of the mutual
benefits to be derived by the general public and the residents and members of the ASSOCIATION;
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the CITY and the ASSOCIATION agree as follows:
1. RECITALS ADOPTED
1.1. The recitals set out above in this instrument are hereby adopted in whole as though
each were set out herein.
2. PUBLIC PARKLAND
2.1. Maintenance by ASSOCIATION. The CITY authorizes the ASSOCIATION, at
the sole cost and expense of the ASSOCIATION, to provide general routine maintenance for the
1,300 ft. walking path, including, but not limited to, regular trash collection and removal of
vegetation.
3. CITY RIGHTS TO PUBLIC PARKLAND
3.1 This Agreement is expressly subject and subordinate to the present and future right
of the CITY, its successors, assigns, lessees, grantees, and licensees, to construct, install, establish,
Page 16 of 34
{00009587 / v / CMCNABB / PARKS / 00015 / 10/20/2017} 2
maintain, use, operate, and renew any public utility facilities, or franchised public utilities, beneath
or above the surface of the Public Parkland.
3.2 Nothing in this Agreement shall be construed to limit in any way the power of the
CITY to alter or improve the Public Parkland pursuant to official action by the CITY or it s
successors. The CITY shall endeavor to provide the ASSOCIATION with notice of proposed
improvements, but shall be under no obligation to do so prior to commencement of work on such
improvements.
4. INSURANCE
4.1 Prior to the commencement of any work under this Agreement, the
ASSOCIATION shall furnish copies of all required endorsements and an original completed
Certificate(s) of Insurance to the CITY's City Manager, which shall be clearly labeled with the
legal name of the Sun City Public Parks project in the Description of Operations block of the
Certificate. The Certificate(s) shall be completed by an agent and signed by a person authorized
by that insurer to bind coverage on its behalf. The CITY will not accept Memorandum of Insurance
or Binders as proof of insurance. The Certificate(s) or form must have the agent's signature,
including the signer's company affiliation, title and phone number, and be mailed, with copies of
all applicable endorsements, directly from the insurer's authorized representative to the CITY. The
CITY shall have no duty to perform under this Agreement until such Certificate and endorsements
have been received and approved by the CITY s City Manager. No officer or employee, other than
the CITY's City Manager, shall have authority to waive this requirement.
4.2 Notwithstanding the provisions of Section 4.3 below, the CITY reserves the right
to review the insurance requirements of this Article during the effective period of this Agreement
and any extension or renewal hereof and to modify insurance coverages and their limits when
deemed necessary and prudent by CITY's City Manager based upon changes in statutory law, court
decisions, or circumstances surrounding this Agreement. In no instance will the CITY allow
modification at the request of the ASSOCIATION whereupon the CITY may incur increased risk.
4.3 ASSOCIATION’s financial integrity is of interest to the CITY; therefore, subject
to the ASSOCIATION's right to maintain reasonable deductibles in such amounts as are approved
by the CITY, the ASSOCIATION shall obtain and maintain in full force and effect for the duration
of this Agreement, and any extension hereof, at the ASSOCIATION 's sole expense, insurance
coverage written on an occurrence basis, by companies authorized and admitted to do business in
the State of Texas and with an A.M. Best's rating of no less than A- (VII), in the following types
and for an amount not less than the amount listed:
Page 17 of 34
{00009587 / v / CMCNABB / PARKS / 00015 / 10/20/2017} 3
TYPE AMOUNTS
1. Workers' Compensation
2. Employers' Liability
3. Commercial General Liability Insurance
to include coverage for the following:
a. Premises operations
*b. Independent Contractors
c. Products/completed operations
d. Personal Injury
e. Contractual Liability
*f. Environmental Impairment/Impact -
sufficiently broad to cover disposal
liability.
*g. Broad form property damage, to
include fire legal liability
4. Business Automobile Liability
a. Owned/leased vehicle
b. Non-owned vehicle
c. Hired Vehicles
Statutory
$1,000,000 I $1,000,000 I $1,000,000
For Bodily Injury and Property Damage of
$1,000,000 per occurrence; $2,000,000 General
Aggregate, or its equivalent in Umbrella or
Excess Liability Coverage
Combined Single Limit for Bodily Injury and
Property Damage of $1,000,000 per
occurrence
*May be waived by the City Manager if not applicable to activities performed by Licensee.
4.4 The CITY shall be entitled, upon request and without expense, to receive copies of
the policies, declaration page and all endorsements thereto as they apply to the limits required by
the CITY, and may require the deletion, revision, or modification of particular policy terms,
conditions, limitations or exclusions (except where policy provisions are established by law or
regulation binding upon the PARTIES hereto or the underwriter of any such policies) as may be
required to comply with the terms of this Agreement. The ASSOCIATION shall be required to
comply with any such requests and shall submit a copy of the replacement Certificate of insurance
to the CITY at the address provided below within 30 days of the requested change. The
ASSOCIATION shall pay any costs incurred resulting from said changes.
City of Georgetown
Attn.: City Manager
P.O. Box 409
Georgetown, TX 78627
4.5 The ASSOCIATION agrees that with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following provisions:
Page 18 of 34
{00009587 / v / CMCNABB / PARKS / 00015 / 10/20/2017} 4
• Name the CITY, its officers, officials, employees, volunteers, and elected
representatives as additional insured's by endorsement, as respects operations and activities
of, or on behalf of, the named insured performed under contract with the CITY, with the
exception of the workers' compensation and professional liability policies;
• Provide for an endorsement that the "other insurance" clause shall not apply
to the CITY when the CITY is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a
waiver of subrogation in favor of the CITY.
4.6 The ASSOCIATION agrees to give the CITY written notice of any suspension,
cancellation, non-renewal or material change in coverage of any of the insurance policies required
to be obtained and maintained by the ASSOCIATION under the terms of this Agreement. Within
five (5) calendar days of a suspension, cancellation or non-renewal of coverage, the
ASSOCIATION shall provide a replacement Certificate of Insurance and applicable endorsements
to the CITY. The CITY shall have the option to suspend the ASSOCIATION's authorization and
liability under this Agreement should there be a lapse in coverage at any time during this
Agreement. Failure to provide and to maintain the required insurance shall constitute a material
breach of this Agreement.
4.7 Nothing herein contained shall be construed as limiting in any way the extent to
which the ASSOCIATION may be held responsible for payments of damages to persons or
property resulting from the ASSOCIATION's performance of the work covered under this
Agreement.
4.8 It is agreed that the ASSOCIATION's insurance shall be deemed primary and non-
contributory with respect to any insurance or self-insurance carried by the CITY for liability
arising out of operations under this Agreement.
4.9 It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this Agreement.
5. INDEMNIFICATION
5.1 ASSOCIATION INDEMNIFIES THE CITY ONLY FOR CLAIMS
ATTRIBUTED TO ASSOCIATION AND ASSOCIATION ASSUMES ENTIRE
RESPONSIBILITY AND LIABILITY FOR ANY CLAIM OR ACTIONS BASED ON OR
ARISING OUT OF INJURIES, INCLUDING DEATH, TO PERSONS OR DAMAGES TO OR
DESTRUCTION OF PROPERTY, SUSTAINED OR ALLEGED TO HAVE BEEN
SUSTAINED IN CONNECTION WITH OR TO HAVE ARISEN OUT OF OR INCIDENTAL
TO THE PERFORMANCE OF THE MAINTENANCE SERVICES DESCRIBED IN
PARAGRAPH 2.1 BY THE ASSOCIATION, ITS AGENTS AND EMPLOYEES, AND ITS
SUBCONTRACTORS, THEIR AGENTS AND EMPLOYEES.
Page 19 of 34
{00009587 / v / CMCNABB / PARKS / 00015 / 10/20/2017} 5
6. TERMINATION
6.1 Termination by the ASSOCIATION. This Agreement may be terminated by the
ASSOCIATION no sooner than one (1) year after the effective date of this Agreement by
delivering written notice of termination to the CITY not later than 30 days before the effective date
of termination.
7. ASSIGNMENT
7.1 The ASSOCIATION shall not assign, sublet or transfer its interest in this
Agreement without the prior written consent of the CITY, which may be withheld for any reason.
If such consent is granted, its shall then be the duty of the ASSOCIATION, its successors and
assigns, to give prompt written notice to the CITY of any assignment or transfer of any of the
ASSOCIATION's rights in this Agreement.
8. MISCELLANEOUS PROVISIONS
8.1 Laws Observance. The ASSOCIATION shall not do, nor suffer to be done,
anything on the Public Parkland during the term of this Agreement in violation of the laws of the
United States, the State of Texas, or any of the ordinances of the CITY.
8.2 No Waiver. No waiver by the CITY of any default or breach of any covenant,
condition, or stipulation herein contained shall be treated as a waiver of any subsequent default or
breach of the same or any other covenant, condition, or stipulation hereof.
8.3 Severability. In case any one or more of the provisions contained in this Agreement
shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall
be considered as if such invalid, illegal, or unenforceable provision had never been contained
herein.
8.4 Notice. Any notices required or appropriate under this Agreement shall be given
in writing to the A SSOCIATION at the address shown below, and to the CITY at City of
Georgetown; Attn.: City Manager; P.O. Box 409; Georgetown, TX 78627.
8.5 Headings. The paragraph headings contained herein are for convenience of
reference and are not intended to define, extend, or limit any provisions of this Agreement.
8.6 Jurisdiction and Venue. This Agreement will be interpreted according to the
Constitution and laws of the State of Texas. Venue of any court action brought directly or
indirectly by reason of this Agreement shall be in Williamson County, Texas. This Agreement is
made and is to be performed in Williamson County, Texas, and is governed by the laws of the
State of Texas.
8.7 Authorization. The signers of this Agreement each hereby represents that he or she
Page 20 of 34
{00009587 / v / CMCNABB / PARKS / 00015 / 10/20/2017} 6
has full authority to execute this Agreement on behalf of the party for which he or she is acting.
8.8 Entire Agreement. This Agreement and addenda contain the final and entire
agreement between the PARTIES hereto and contains all of the terms and conditions agreed upon,
and supersedes all other agreements, oral or otherwise, regarding the maintenance of the Public
Parkland, none of which shall hereafter be deemed to exist or to bind the PARTIES hereto; it being
the intent of the PARTIES that neither shall be bound by any term, condition, or representation
not herein written.
EXECUTED effective as of the date of final signature below.
THE ASSOCIATION:
SUN CITY TEXAS COMMUNITY
ASSOCIATION, INC.,
a Texas non-profit corporation
By:
Its: ____________________________________
THE STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me this _____ day of ________________, 2017
by _________________, __________________ of Sun City Texas Community Association, Inc.
a Texas non-profit corporation on behalf of said corporation.
My Commission Expires:
NOTARY PUBLIC, STATE OF TEXAS
Page 21 of 34
{00009587 / v / CMCNABB / PARKS / 00015 / 10/20/2017} 7
THE CITY OF GEORGETOWN:
CITY OF GEORGETOWN, TEXAS,
a Texas home-rule city
By:
Dale Ross, Mayor
ATTEST
__________________________________________
Shelley Nowling, City Secretary
APPROVED AS TO FORM
__________________________________________
Charlie McNabb, City Attorney
THE STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me this _____ day of ________________, 2017
by Dale Ross, Mayor of the City of Georgetown, Texas, a home-rule city, on behalf of the CITY.
My Commission Expires:
NOTARY PUBLIC, STATE OF TEXAS
Page 22 of 34
City of Georgetown, Texas
Parks and Rec Advisory Board
January 11, 2018
SUBJECT:
Cons id eration and p o s s ib le ac tion to rec o mmend approval of a Revoc ab le Lic enc e Agreement with the
Sun City Texas Community As s o ciatio n to permit the use o f an unimproved trail o n City p arkland .
ITEM SUMMARY:
This item is a c o mp anion item to the Pub lic P arkland Maintenanc e Agreement with the S un City
Community As s oc iation. This agreement allo ws us e o f the p ro p erty for a nature trail.
FINANCIAL IMPACT:
NA
SUBMITTED BY:
Kimberly Garrett
ATTACHMENTS:
Description Type
Location Map Backup Material
Revocable Licence Agreement Backup Material
Page 23 of 34
Yellow Lines are
approximate
boundaries of city-
owned property
(yellow shaded area).
Red line is route of
proposed walking
pathway on city
property
(length = 1300 ft )
Dark blue is Berry
Creek. Seasonal
drainage channels are
shown in light blue.
Lift
Station
Proposed 1,300 ft. Connector Path Through
City-Owned Parkland near Stetson Drive Lift Station
Sun City Texas Community Association January, 2018
EXHIBIT A
Page 24 of 34
{00009598 / v / CMCNABB / PARKS / 00015 / 10/26/2017}
_______________ License Agreement - Page 1 of 4
REVOCABLE LICENSE AGREEMENT
THE STATE OF TEXAS *
* KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON *
This is a Revocable License Agreement by and between the City of Georgetown, a Texas
home-rule municipal corporation (hereinafter referred to as "LICENSOR"), and Sun City Texas
Community Association, Inc., a Texas non-profit corporation, whose address is 2 Texas Drive,
Building A, Georgetown, TX 78633 (hereinafter referred to as "LICENSEE"), owner of certain
park property located at Stetson Trail____________________ (hereinafter referred to as the
“PROPERTY”), Georgetown, Williamson County, Texas. LICENSOR hereby grants a license to
the said LICENSEE to permit the use of an unimproved trail in the PROPERTY, as shown on
Exhibit "A” attached hereto and incorporated herein by reference for all purposes (hereinafter
referred to as Licensed Area), owned and occupied by the City of Georgetown, Williamson
County, Texas, subject to the following terms and conditions:
Use of the Licensed Area is for non-motorized, passive recreational trail purposes, such
as walking and hiking. Trail location in red purple as per Exhibit A attached. Property may be
accessed from dawn to dusk. Motor vehicles shall be prohibited, except vehicles in use for health
and safety emergencies. Maintenance is the sole responsibility of LICENSEE which includes
trash pick-up and permitted resource management such as removal of vegetation to keep trail
area usable. All costs and expenses associated with Trail are to be borne by LICENSEE.
The granting of the license does not constitute an abandonment by LICENSOR of its
property, easement or easements, or any other rights in and to the above-described property.
LICENSEE is expressly stipulating and agreeing by LICENSEE's acceptance of this license that
LICENSEE neither asserts nor claims any interest or right of any type or nature whatsoever, legal,
equitable or otherwise in or to Licensed Area.
LICENSEE hereby expressly covenants, stipulates and agrees, without limitation, to
indemnify and defend the LICENSOR and hold it harmless from any and all liability, claim, cause
of action, and cost, including attorneys' fees, and including any acts or omissions of the
LICENSOR, its officers, agents, and employees, which may grow out of or be attributable to the
granting by the LICENSOR of said license.
LICENSEE, at its own expense, shall restore or cause to be restored the subject property
to as good a condition as existed prior to construction of the improvements which are the subject
of this License Agreement.
A. The City shall have the right at any and all times upon 30 days written notice to the
Licensee, its representatives, successors or assigns, to take possession of and use all or any part
of the Licensed Area in the event that such use be reasonably desired or needed by the City for
street, sewer, transportation or any other public or municipal use or purpose, and in such event,
the City shall have the right to cancel the revocable license as to that portion of the Licensed Area
so designated and required by the City.
B. The Licensee shall have the right at any time upon 30 days written notice to the
City, to relinquish the use and possession of all or any part of the Licensed Area as it may so
determine and to cancel said revocable license as to that part so relinquished.
Page 25 of 34
{00009598 / v / CMCNABB / PARKS / 00015 / 10/26/2017}
_______________ License Agreement - Page 2 of 4
C. Upon the lawful termination of a revocable license issued hereunder, in
whatsoever manner such termination may be made, Licensee, assigns, successors and
representatives, bind and obligate themselves to restore the Licensed Area to the original
condition as it existed prior for the restoration of the Licensed Area which may be acceptable to
the City, and should the Licensee, assigns, successors, or representatives fail or refuse to do so
within 90 days after such termination then in that event the City may do or have done the work
necessary for such purpose at the sole cost, risk, liability and expense of Licensee, their assigns,
successors and representatives.
D. No transfer or assignment of any revocable license granted under the terms and
provisions of this Chapter shall be effective without written approval from the City.
E. The breach or violation of any one of the terms, provisions, or conditions set forth
in this Chapter shall be sufficient to constitute grounds for the cancellation and forfeiture of this
revocable license. Any such cancellation and forfeiture may be exercised upon 20 days written
notice by the City to the Licensee, a representative or successor, unless, at the expiration of such
time, any such violation or breach has ceased or the Licensee is proceeding with all diligence and
good faith to remedy any such violation or breach and thereafter continues without delay with
such remedial work or correction until such violation or breach has been completely remedied in
the sole opinion of the City.
F. Notwithstanding anything to the contrary contained in this License Agreement or
the Maintenance Agreement covering the Licensed Area (collectively the “Agreements”), a breach
or default by the LICENSEE of any covenant or other term or condition contained in either
Agreement, after the passage of all applicable notice and cure or grace periods, shall, at the
opinion of the City, be considered a default under this Agreement.
G. The street or highway shall be kept open for pedestrian traffic in a reasonable
manner and no obstruction of the trail shall be allowed in such a way as to prevent the use thereof
by pedestrians.
H. All damage, if any, to said trail use, maintenance and operation by Licensee shall
be repaired by and at the cost and expense of the Licensee. In the event Licensee fails or refuses
to proceed with diligence with the performance of any work in connection with the replacement,
rebuilding or resurfacing of streets and sidewalks within 30 days after receiving written notice from
the Director, the City may do such work or cause same to be done, all at the sole risk, cost, liability
and expense of Licensee.
This license shall expire automatically upon ________________________.
This license shall be effective upon the acceptance of the terms hereof by the LICENSEE,
as indicated by the signature of LICENSEE and the approval thereof by the City.
The license shall be filed of record in the Official Records of Williamson County, Texas.
SIGNED and Agreed to on this ______ day of ________________, 20__.
Page 26 of 34
{00009598 / v / CMCNABB / PARKS / 00015 / 10/26/2017}
_______________ License Agreement - Page 3 of 4
LICENSOR: LICENSEE:
City of Georgetown, Sun City Texas Community Association, Inc.,
a Texas home-rule municipal corporation a Texas non-profit corporation
By: By:
Kimberly GarrettSofia Nelson, Director, Name:
Parks and RecreationPlanning Department Title:
APPROVED AS TO FORM:
________________________
Charlie McNabb, City Attorney
STATE OF TEXAS )
) ACKNOWLEDGMENT
COUNTY OF WILLIAMSON )
This instrument was acknowledged before me on the _____ day of _______________,
20__, by Kimberly GarrettSofia Nelson in her official capacity as Director of the Parks and
Recreation Planning Department for the City of Georgetown, a Texas home-rule municipal
corporation, on behalf of said corporation.
________________________________
Notary Public, State of Texas
Page 27 of 34
{00009598 / v / CMCNABB / PARKS / 00015 / 10/26/2017}
_______________ License Agreement - Page 4 of 4
STATE OF TEXAS )
) ACKNOWLEDGMENT
COUNTY OF WILLIAMSON )
This instrument was acknowledged before me on the _____ day of _______________,
20__, by _______________ in his/her official capacity as ________________ for the Sun City
Texas Community Association, Inc., a Texas non-profit corporation, on behalf of said corporation.
________________________________
Notary Public, State of Texas
Page 28 of 34
City of Georgetown, Texas
Parks and Rec Advisory Board
January 11, 2018
SUBJECT:
Cons id eration and p o s s ib le ac tion to approve minutes fro m the Novemb er 9, 2017 meeting
ITEM SUMMARY:
FINANCIAL IMPACT:
N/A
SUBMITTED BY:
Jill Kellum, Adminis trative Sup ervisor
ATTACHMENTS:
Description Type
November 9, 2017 meeting Backup Material
Page 29 of 34
Minutes of the Meeting of the
Parks and Recreation Advisory Board
City of Georgetown, Texas
November 9, 2017
The Parks and Recreation Advisory Board met Thursday, November 9, 2017 at 6:00 pm at 1101
N. College Street, Georgetown, TX 78626.
Regular Session – To begin no earlier than 6:00 pm.
Parks and Recreation Board may, at any time, recess the Regular Session to convene an
Executive Session at the request of the Jim Hougnon for any purpose authorized by the Open
Meetings Act, Texas Government Code Chapter 551.)
The City of Georgetown is committed to compliance with the Americans with Disabilities Act
(ADA). If you require assistance in participating at a public meeting due to a disability, as
defined under the ADA, reasonable assistance, adaptations, or accommodations will be
provided upon request. Please contact the City Secretary’s Office, at least three (3) days prior to
the scheduled meeting date, at (512) 930-3652 or City Hall at 113 East 8th Street for additional
information; TTY users route through Relay Texas at 711.
Regular Session
A Call to Order
The meeting was called to order by Jim Hougnon at 6:01 pm.
B Roll Call
Jim Hougnon, Scott Macmurdo, Wayne Beyer, Larry Gambone, Danelle Houck, Mike Simpson,
Katherine Kainer
Staff: Kimberly Garrett, Eric Nuner, Jill Kellum, Traci Stengle
Intern: Hector Aleman
C Presentation from Parks and Recreation Intern, Hector Aleman.
Kimberly Garrett introduced Hector Aleman, student intern from Southwestern University.
Hector Aleman stated he is majoring in Education and part of his program is to have an
internship and he decided on Georgetown Parks and Recreation because he was interested in
athletics and he wanted to see what happens on the recreation side instead of the competitive
side of athletics. His learning objectives were to learn more about the administration side of
Parks and Recreation, planning out projects and also to maintain the park; how often do you
maintain the grass and taking care of the facilities. At the direction of Traci Stengle, she
suggested that he learn about the outdoor adventure program and challenge course program.
He stated he was more interested in this aspect of Parks and Recreation after being introduced
to it. Hector Aleman learned about all the parks in Georgetown and all the amenities at the
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Tennis Center and Recreation Center. He stated he also started on a volunteer program for
Garey Park. Hector Aleman stated he will graduate in May.
D Update from the Friends of Georgetown Parks and Recreation
Danelle Houck stated the Friends group will volunteer at Cupid’s Chase in February. The
Friends group is also one of the beneficiaries from the Georgetown Running Club and the
Sertoma’s 5 miler Turkey Trot and the other beneficiary is Meals on Wheels. The Friends group
is reaching out to them to see if there are any volunteer opportunities to help with that event.
Georgetown Swims is half way through their last session before the holidays.
E Project Update: Garey Park, San Gabriel Park, Founders Park, Columbarium and
Pavilion Renovation
Eric Nuner stated Garey Park is plugging along. Vertical construction is going up and they
have begun work with the playground installer and splash park installer and are meeting next
week to be onsite to prep everything.
With San Gabriel Park they have begun working on the restrooms and working on the road.
They are still working on the playground equipment and should be done in the next month and
working on finishing the shelters. The pavilion shelters were named and presented to the parks
board. Live Oak, Sycamore and Cypress are in the Grove which is identified in the master plan
area of the park. Eric Nuner stated most of these areas have parking lots too and that parking
will be associated with that area. That way when discussing areas with people we can direct
them. We can also do wayfinding and beyond that we will be able to interpret and do some
interpretative signage. In that area it would be on the trees. He then stated we move into phase
2, which is the Bluff area and the Legacy pavilion will be replacing the Gazebo. The reason that
we choose Legacy as the name of this pavilion, was that in 2012 San Gabriel Park was
designated as a Lone Star Legacy Park by the Texas Recreation and Park Society. We have a
graphic that can be turned into signage and an interpretive piece that we can put at San Gabriel
Park that has the history of the park. Surrounding that, the other pavilions, going off the Bluff,
are Cattail, Heron, Limestone which represents the Bluffs, which we can interpret as well at San
Gabriel and Georgetown in general and the Springs pavilion which can have interpretive
signage for the springs. The existing pavilions which are in phase 3 and 4, which we are not
doing anything with at this time, are the creative playscape pavilion and the sunken garden.
Those are the rentable spaces in San Gabriel. In spring time we will start renting the Grove
area. The Parks and Recreation Advisory Board liked the naming of the pavilion.
Eric Nuner stated Founder’s Park is looking great. There are a few things to finish; landscape
irrigation, benches, water fountains and signage coming in soon.
There is not an update on the Columbarium. The shelters are complete at Chautauqua and San
Jose and are waiting on roofing for Katy Crossing.
F Update on the Parkland Dedication process and schedule.
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Kimberly Garrett stated staff received a draft back from the consultant on the parkland
dedication. She will work with other city staff and committees to go over. She will work with
the Parks and Recreation subcommittee and set a date and time for a meeting. There is not a
hard deadline to meet. She will have something ready to present to the board in January.
Legislative Regular Agenda
G Consideration and possible recommendation to grant an electrical easement and
approval of a utility agreement for electrical service at Garey Park in the amount of $52,819.96
to Pedernales Electric Cooperative.
Eric Nuner stated this is an item that has been talked about for about a year. This is the
alignment for the service from PEC to the property. Eric Nuner introduced Travis Baird, the
City of Georgetown real estate coordinator. Eric Nuner stated that early on we were not sure if
we would have to go through the formalities and working with Travis Baird we determined the
best route is to get true meets and bounds of the easement which give protection for us on our
property. The city worked with Halff Associates and their surveying crew to determine those
meets and bounds for the utility easement. Part of this is a requirement that the wire is PEC’s
wire and that PEC will install into the conduit that is the City’s that is already installed. Eric
Nuner stated staff has worked with Travis Baird and the legal department on these documents
to insure they are correctly done. Kimberly Garrett stated this amount has always been in the
budget and actually is less than was initially budgeted. This will be taken to City Council the
last meeting in November. James Hougnon stated there are 2 agreements; one is the easement
and one is the installation. Travis Baird stated that was correct; the 1st agreement is the
installation as well as within that agreement the city agrees to grant easement. Travis Baird
explained that often the easement tends to drag the installation. The 2nd one is for the actual
easement to the property which will cover their rights to operate. James Hougnon asked about
the agreement and it being for $10.00 and it also stated it will invoice for the cost of the
installation which is the 3rd document. Travis Baird explained that with easements there is a
requirement for consideration and so the co-op will go out and get that agreement signed prior
to having a full amount. They will have an estimate and then something will change in the
field; so the $10 is the technical consideration for the agreement which make it effectuated.
Scott Macmurdo asked why it would go underground instead of overhead. Kimberly Garrett
stated with Parks it goes underground. It is unsightly for it to go above also with grants
received the utilities have to be underground, which is not in this case, and the utilities were
already underground. Scott Macmurdo asked if the layout would interfere with future
construction plans. Eric Nuner stated it would not.
Garey Park is in Pedernales Electric Cooperative's (PEC) service area. In order for PEC to
provide the underground electrical service in the park, a utility easement must be granted. Halff
Associates prepared a meets and bounds survey designating a ten foot easement for the service.
Trenching, conduit, and other accessories were included in the Garey park construction contract
and have been installed as required. The agreement is required for PEC to install the
underground cable for the electrical service in the park in the amount of $52,819.96.
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The underground agreement and utility easement have been completed and reviewed by the
City’s Real Estate Service Coordinator and Legal Department.
Staff recommends approval of this agreement and utility easement with Pedernales Electric
Cooperative. Inc.
Motion made by, Wayne Beyer, second by Scott Macmurdo to recommend approval to grant
an electrical easement and approval of a utility agreement for electrical service at Garey Park
in the amount of $52,819.96 to Pedernales Electric Cooperative.
Approved: 7 – 0
H Consideration and possible action to recommend approval of a BuyBoard cooperative
purchase contract for pool filters and installation at Williams Drive Pool with Progressive
Commercial Aquatics of Manor, TX in the amount of $57,871.30
Eric Nuner stated we have a capital replacement maintenance budget that we maintain that we
have useful life and replacement costs of all the parks capital items. One of the items that was
identified for this budget year is the Williams Drive pool filters. The lateral lines are leaking
which puts sand into the pool and they need to be replaced. The timing is right and the
intention would be to get these installed before next years pool season. There is a lengthy lead
time and we want to do these in January. We have a long relationship with Progressive as they
did the Williams Drive and River Ridge pool renovation and they did the San Jose splash pad.
We have a really good relationship with them and they have done good work for us in the past.
This will go to Council in the late November meeting. Kimberly Garett stated the existing filters
are 14 years old. Michael Simpson asked if they have clearly gone to the end of the life of the
equipment. Eric Nuner stated they had. Eric Nuner stated the new filters have a 15 year life
expectancy. Kimberly Garrett stated the existing ones are past their life expectancy. Staff has
patched the existing ones to extend their lifespan.
The existing Williams Drive pool filters were purchased in 2003 and the typical lifespan of these
filter is 10-12 years. These filters have been maintained and repaired over their lifespan but
have deteriorated to a point were replacement is required. The deterioration is causing debris
to pass directly through the filters which must be removed from the pool. This creates longer
maintenance cycles than is typical for pool maintenance. Additionally, the replacement is
required to ensure proper sanitation of the pool is maintained. The pool filters are budgeted for
replacement in the parks capital repair and replacement schedule.
Progressive Commercial Aquatics has successfully completed many pool projects for the City
including the Williams Drive Pool renovations, River Ridge Pool renovations, and the San Jose
Splash Pad. Staff recommends approval of the Williams Drive Pool filter
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Staff recommends the approval of this cooperative BuyBoard contract for the filter replacement
at Williams Drive Pool in the amount of $57,871.30 to Progressive Commercial Aquatics.
Motion made by, Scott Macmurdo, second by Larry Gambone to recommend approval of a
BuyBoard cooperative purchase contract for pool filters and installation at Williams Drive
Pool with Progressive Commercial Aquatics of Manor, TX in the amount of $57,871.30
Approved: 7 – 0
I Consideration and possible action to approve minutes from the October 12, 2017
meeting
Motion made by, Michael Simpson, second by Danelle Houck to approve minutes from the
October 12, 2017 meeting.
Approved: 7 - 0
Adjournment
Motion made by, Larry Gambone, second by Wayne Beyer to adjourn the meeting.
Approved: 7-0
Adjourn
The meeting adjourned at 6:52 pm.
____________________________________
James Hougnon, Board Chair
_____________________________________
Katherine Kainer, Secretary
______________________________________
Jill Kellum, Board Liaison
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