HomeMy WebLinkAboutAgenda_PAREB_09.10.2020Notice of Meeting for the
P arks and Recreation Adv isory Board
of the City of Georgetown
September 10, 2020 at 6:00 P M
at VI RT U AL
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Regular Session
(T his R egular S es s ion may, at any time, be rec es s ed to c onvene an Exec utive S es s ion for any purpose
authorized by the O pen Meetings Act, Texas G overnment C ode 551.)
A C all to O rder - Danelle Houck, P arks and R ecreation Advis ory Board C hair
B R oll C all - Danelle Houc k, P arks and R ec reation Advisory Board C hair
C Update from the F riends of G eorgetown P arks and R ecreation - Danelle Houck, P arks and R ecreation
Advis ory Board C hair
D P rojec t Updates and S taff R eport - Kimberly G arrett, P arks and R ecreation Director
E O verview of the P arkland Dedic ation O rdinance - Kimberly G arrett, P arks and R ecreation Director
L egislativ e Regular Agenda
F C ons ideration and possible action to recommend the approval of a F acility Us e Agreement with G T X
S wim LLC – Kimberly G arrett, P arks and R ec reation Direc tor and R obert G aylor, P arks and R ec reation
S uperintendent
G C ons ideration and possible action to recommend the approval of a F acility Us e Agreement with the
Page 2 of 46
G eorgetown Aquadillos – Kimberly G arrett, P arks and R ecreation Director and R obert G aylor, P arks
and R ec reation S uperintendent
H C ons ideration and possible action to recommend the approval of a F acility Us e Agreement with Texas
G old – Kimberly G arrett, P arks and R ec reation Direc tor and R obert G aylor, P arks and R ec reation
S uperintendent
I C ons ideration and possible action to approve minutes from the Augus t 13, 2020 meeting - Jill Kellum,
Adminis trative S upervis or
Adjournment
Adjourn - Danelle Houck, P arks and R ecreation Advis ory Board C hair
Ce rtificate of Posting
I, R obyn Densmore, C ity S ecretary for the C ity of G eorgetown, Texas, do hereby c ertify that this Notic e of
Meeting was posted at C ity Hall, 808 Martin Luther King Jr. S treet, G eorgetown, T X 78626, a plac e readily
acc es s ible to the general public as required by law, on the _____ day of _________________, 2020, at
__________, and remained s o posted for at leas t 72 c ontinuous hours prec eding the s cheduled time of said
meeting.
__________________________________
R obyn Dens more, C ity S ec retary
Page 3 of 46
City of Georgetown, Texas
Parks and Rec Advisory Board
September 10, 2020
S UB J E C T:
P roject Updates and S taff R eport - Kimberly G arrett, P arks and R ec reation Direc tor
IT E M S UMMARY:
F IN AN C IAL IMPAC T:
N/A
S UB MIT T E D B Y:
Eric Nuner, As s is tant Director of P arks and R ecreation
AT TAC H ME N T S:
Description Type
Project updates Backup Material
Page 4 of 46
Parks and Recreation
Capital Improvement Projects –September 2020
ADA Trail Reconstruction – Bid documents have been sent to Purchasing and Legal for review. Project
will bid once all final reviews have been completed. No change.
Golden Bear Park –Construction is underway and is expected to be complete in September. Some parts
of the play units were manufactured wrong and staff is waiting for new parts. The irrigation is complete.
Landscape will follow the completion of the play units.
Grace Heritage Plaza – Pavers and planter box have been installed. Piers for the lighting have been
poured. Lighting and landscape will complete the plaza. No schedule has been provided.
Village PID Park Renovation – 11 parkletts have been completed. Rowan Park and Madrone Park are
underway. Shell road is being prepared for lighting, irrigation and planting. The project is on schedule.
Page 5 of 46
Tennis Center Pool Demo – Demolition of the Tennis Center Pool will be bid in September with project
completion in November.
Wolf Crossing Trail – Design will be restarted in October with a spring bid time.
San Gabriel Park Phase III – Project is currently on hold.
Heritage Gardens (Community Garden) – Design will begin for the gardens in October. Most of the
project will be constructed by staff.
Parks, Recreation and Open Space Master Update –Master plan RFP has been completed. Request for
Proposals will be solicited in October.
Page 6 of 46
City of Georgetown, Texas
Parks and Rec Advisory Board
September 10, 2020
S UB J E C T:
O verview of the P arkland Dedication O rdinanc e - Kimberly G arrett, P arks and R ec reation Direc tor
IT E M S UMMARY:
T he parkland dedication ordinance was revised in July 2019. A presentation and overview of the current
ordinance will be presented at the meeting.
F IN AN C IAL IMPAC T:
N/A
S UB MIT T E D B Y:
Kimberly G arrett, P arks and R ec reation Direc tor
AT TAC H ME N T S:
Description Type
Parkland Dedication Ordinance Backup Material
Parkland Dedication Fee and Land Ratio guide Backup Material
Page 7 of 46
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SECTION 13.08. - PARKLAND
Footnotes:
--- (2) ---
Editor's note— Ord. No. 2019-37 , § 2(Exh. G), adopted June 11, 2019, amended Section 13.08 in its entirety to read as herein set out. Formerly,
Section 13.08, §§ 13.08.010—13.08.040 pertained to similar subject matter, and derived from Ord. No. 2017-15, § 2, adopted February 28, 2017.
Sec. 13.08.010. - Purpose.
The purpose of this Section is to provide parks, open spaces, and trails that implement the Georgetown Parks,
Recreation and Trails Master Plan. The Georgetown City Council has determined that parks, open spaces and
trails are necessary and in the public welfare, and that the adequate procedure to provide for same is by
integrating standards into the procedures for planning and developing property.
(Ord. No. 2019-37 , § 2(Exh. G), 6-11-2019)
Sec. 13.08.020. - Applicability.
The provisions of this Section shall apply to the development of a tract of land for any residential use of five or
more lots or dwelling units within the City limits and the extraterritorial jurisdiction (ETJ). For the purposes of this
Section, lots and dwelling units are interchangeable for determining the Parkland dedication requirements.
(Ord. No. 2019-37 , § 2(Exh. G), 6-11-2019)
Sec. 13.08.030. - Requirements for Parkland Dedication.
Dedication of Public Parkland Required.
A developer of a tract of land for residential use of five or more lots shall set aside and dedicate to the
public sufficient and suitable land for the purpose of public Parkland.
The minimum acreage of Public Parkland required shall be as follows:
For development with one or two dwelling units on a lot: one acre for each 80 dwelling units, or
fraction thereof.
For development with three or more dwelling units on a lot: one acre for each 110 dwelling units, or
fraction thereof.
The land to be dedicated shall form a single lot with a minimum area of three acres.
Exemptions.
When two or more, but less than three, acres of land would be required to satisfy the Public
Parkland dedication requirements, the Parks and Recreation Director may approve parkland less
than three acres if it is determined that it would be in the public interest, and/or accept a financial
contribution in lieu of dedication of public Parkland to meet the dedication requirements of this
Section.
A developer shall make a financial contribution in lieu of dedication of public Parkland when:
No portion of the tract of land is located within the City limits.
A developer proposes to develop 100 or fewer lots and where no future phasing is proposed.
Less than two acres of land would be required to satisfy the Parkland dedication
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requirements.
The rate required for the financial contribution shall be in accordance with the adopted fee
schedule. The fee shall be reviewed on annual basis to ensure accuracy and value.
Park Development Fee.
In addition to the dedication of Public Parkland or fee-in-lieu, a developer shall pay a Park Development
Fee to ensure that the public Parkland will be sufficiently developed for park use.
The amount for the Park Development Fee shall be in accordance with the adopted fee schedule and
based on the level of service for the public Parkland.
Alternative Standards.
When two or more acres of land are proposed to satisfy the Parkland dedication requirements, the
Parks and Recreation Director may consider a proposal from an applicant to construct park
improvements on Public Parkland in lieu of paying, in whole or in part, the Park Development Fee.
Park improvements shall include the minimum number of facilities listed in Table 13.08.030.C.3.b:
Table 13.08.030.C.3.b
Parkland Acreage Minimum Number
of Facilities
3 or less 4
4—6 5
7—9 6
10 or more 7
Park improvement facilities shall be selected from those listed below:
Age appropriate playground equipment with adequate safety surfacing around the
playground.
Unlighted practice fields for baseball, softball, soccer, and football.
Unlighted tennis courts.
Lighted or unlighted multi-purpose courts for basketball and volleyball.
Improved multiuse green space.
Picnic areas with benches, picnic tables and cooking grills.
Shaded pavilions and gazebos.
Jogging and exercise trails.
Other facilities as approved by the Parks and Recreation Director.
When construction of park improvements is proposed, all park improvements shall comply with the
Parks Master Plan, Section 13.08.040 of this Code, and applicable City regulations.
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Credit for Private Parks.
Where privately-owned and maintained parks or other recreational facilities with non-exclusive private
amenities are proposed for a single-family, two-family, townhome, or detached multi-family residential
development, the Parks and Recreation Director, after recommendation from the Parks and Recreation
Board, may grant a credit of up to fifty percent (50%) of the required Public Parkland dedication and Park
Development Fee.
Privately-owned and maintained parks or other recreational facilities shall meet the following minimum
standards:
The park or recreational facility shall have a minimum lot area of two acres; and
The park or recreational facility shall include the minimum number and type of facilities outlined in
Subsection 13.08.030.B.3; and
The park or recreational facility shall comply with the Parks Master Plan, Subsection 13.08.040, and
other applicable City regulations.
Privately-owned and maintained parks or other recreational facilities for a single-family, two-family,
townhome, or detached multi-family subdivision shall be identified on the Subdivision Plat as a private
open space lot.
Privately-owned and maintained parks or other recreational facilities shall be owned and managed by a
mandatory Homeowners Association (HOA), or similar permanent agency, and subject to restrictive
covenants that state the following:
The land shall be utilized for Parkland or open space in perpetuity.
Each property owner within the subdivision encumbered by the restrictive covenants shall be
required to pay dues and/or special assessments for the maintenance of the private park or
recreational facility.
If the responsible agency dissolves, cannot fulfill its obligations or elects to sell, transfer or
otherwise divest itself of the land, the City shall have the right of first refusal on acquiring the
property. If the City elects to acquire the land, said land shall be transferred at no cost to the City
and in accordance with Section 13.08.050, Method of Dedicating Parkland.
The cessation of the privately-owned and maintained park or other recreational facility shall be
prohibited until such time as the declarant cedes control of the responsible agency to purchasers of
properties within the subdivision, and then only upon amendment to the restrictive covenants
approved by three-fourths of the members of the responsible agency.
Credit for Heritage Tree Preservation.
The parkland dedication requirement may be reduced if a Heritage Tree is saved within the dedicated
Parkland lot; however, the required Parkland lot shall not be less than three acres, unless the Parks and
Recreation Director determines it to be in the public interest.
The Parkland dedication credit shall be a 15-dwelling unit reduction in the number of units used to
calculate the Parkland dedication requirement for each Heritage Tree preserved within the Parkland lot.
Heritage trees counted towards this credit shall have their entire critical root zone (CRZ) located within
the Parkland lot.
Heritage trees within the 100-year FEMA or calculated floodplain shall not count towards this credit.
(Ord. No. 2019-37 , § 2(Exh. G), 6-11-2019)
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Sec. 13.08.040. - Location, Site and Development Standards for Public Parkland.
Any land to be dedicated to meet the requirements of this Section shall be suitable for public parks and
recreational activities as determined by the Parks and Recreation Director, and comply the following standards
and requirements:
The Parkland lot shall be centrally located within the development, when practicable. Where existing or
accepted public Parkland is located adjacent to the development, the Parkland lot may abut the existing
or accepted public Parkland provided it results in the creation of a larger park as approved by the Parks
and Recreation Director.
In unique circumstances, as approved by the Parks and Recreation Director, a developer may propose
dedication of land located outside the development boundary to meet the provisions of this Section. In
this event, the land proposed to be dedicated shall be located within the same Benefit Zone as the
development, and the value of the land shall be equal to the land or fee-in-lieu of land that would be
dedicated within the development.
Where a residential subdivision is proposed to be developed in phases, the Parkland lot shall be located
within the first phase of the development. If the required public Parkland is proposed to be outside of
the first phase, the first phase may be approved provided that fee-in-lieu of dedication is paid for the
number of lots within that phase. In this event, the fee paid may be credited towards the required Park
Development Fee for the subsequent phase(s) of the development.
The Parkland lot shall have a minimum lot width and street frontage of 200 feet. When practicable, the
Parkland lot shall be a corner or multi-frontage lot with a minimum street frontage of 200 feet on two
streets.
The Parkland lot shall only be located along street(s) where on-street parking may be accommodated on
both sides of the street.
A minimum of fifty percent (50%) of the Parkland lot shall not exceed a twenty percent (20%) grade. A
slope analysis exhibit shall be provided to the Parks and Recreation Director.
Areas within the FEMA or calculated 100-year floodplain may be dedicated in partial fulfillment of the
dedication requirement not to exceed fifty percent (50%). When area within the floodplain is proposed to
be dedicated, a minimum of two acres of land, with a minimum width of 100 feet, shall be located outside
the floodplain to satisfy the Parkland dedication requirements.
Parkland lots with the following conditions shall not be accepted unless approved by the Parks and
Recreation Board:
The lot is primarily accessed by a cul-de-sac.
The lot is hindered by utility easements or similar encumbrances that make development of the
land unfeasible. This does not include required public utility easements pursuant to Section 13.03 of
this Code.
The lot is encumbered by sensitive environmental species or habitat areas.
The lot contains stormwater facilities. Where stormwater facilities are proposed, stormwater
facilities must be designed as a park amenity.
A minimum of two-inch water service line and six-inch gravity wastewater service line shall be provided at
one of the property lines in a location approved by the Parks and Recreation Director.
Sidewalks in accordance with Section 12.07 of this Code shall be provided along all street frontages.
Alternative Site and Development Standards.
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Alternative design standards for public Parkland may be proposed and submitted to the Parks and Recreatio
provided the intent of the requirements of this Section are met.
Prior to submitting an application for development, the Applicant shall complete the following:
Provide a letter to the Parks and Recreation Director that details the alternative design for Parkland
dedication and why it is equal to or better than the minimum standards; and
Conduct a site visit with the Parks and Recreation Director to review the proposal.
The Parks and Recreation Director shall review the alternative design based on Section 13.08.030,
Requirements for Parkland Dedication, and Section 13.08.040, Design Standards for Parkland, of this
Code and present the proposed alternative design to the Parks and Recreation Board for a
recommendation to the Parks and Recreation Director.
The Parks and Recreation Director shall approve, approve with conditions, or disapprove the request.
(Ord. No. 2019-37 , § 2(Exh. G), 6-11-2019)
Sec. 13.08.050. - Method of Dedicating Parkland.
Land to be dedicated for public Parkland shall be identified on the Preliminary Plat, Final Plat, and Subdivision
Construction Plans. When construction of park improvements and/or private parks is proposed, all amenities
shall be identified on the Subdivision Construction Plan or Site Development Plan, as applicable. Fiscal surety
in the amount equal to the Park Improvement Fee shall be provided prior to approval of Subdivision
Construction Plan or Site Development Plan, as applicable, for the park improvements on public Parkland.
Prior to acceptance of the public Parkland, the following conditions shall be met:
Land shall be in good condition, including the removal of all debris and dead plant materials, and utility
services, sidewalks and other public improvements installed. Any land disturbed by activities not related
to park development shall be restored and the soil stabilized in a method approved by the Parks and
Recreation Director in accordance with the requirements of this Code.
Parkland Development Fee shall be paid. When construction of improvements on the public parkland is
approved, park improvements shall be constructed and accepted by the City at the time of acceptance of
all other public improvements, when required, or final site inspection.
Prior to recordation of the Final Plat, the following conditions shall be met:
Land accepted for dedication under the requirements of this Section shall be conveyed by warranty deed,
transferring the property in fee simple to the City of Georgetown, Texas, and shall be free and clear of
any mortgages or liens at the time of such conveyance.
A copy of the warranty deed and other Parkland dedication documents as outlined in the Development
Manual shall be provided to the Parks and Recreation Director.
When financial contribution in lieu of dedication of public Parkland is approved as meeting the requirements
of this Section, no Final Plat may be recorded or Site Development Plan approved, as applicable, until payment
has been accepted by the City.
(Ord. No. 2019-37 , § 2(Exh. G), 6-11-2019)
Sec. 13.08.060. - Park Fund Established.
A separate fund entitled "Park Fund" has been created to hold in trust money paid to be used solely and
exclusively for the purpose of purchasing and/or improving public parks and recreational lands, and shall not
be used for maintaining or operating park facilities or for any other purpose.
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Where financial contribution is received in lieu of land dedication, the financial contribution and Park
Development Fee shall be expended on a neighborhood park located in the Benefit Zone where the
development is located. In the event there is not a suitable neighborhood park within the benefit zone, the
amount collected shall be expended on the closest community park or regional park.
The City Council, based upon the recommendations of the Parks and Recreation Board, shall determine
whether there are sufficient funds to acquire public Parkland and/or construct improvements. In making a
determination for the acquisition of land, the conditions of Section 13.08.040 shall be taken into consideration.
Benefit Zones. Funds shall be expended within the eligible Benefit Zones as shown in Figure 13.08.060.D.
Any financial contribution paid in-lieu of the Parkland dedication requirements must be expended by the City
within ten years from the date received. If the City does not expend the financial contribution by the required
deadline, the owners of the property may request a refund in the following manner:
The owners of such property must request in writing to the City such refund within one year of the
entitlement or such right shall be waived. Refunds shall be paid by the City within 90 days of the filing of
the request.
A refund may only be provided for the unbuilt lots for which a fee-in-lieu of dedication was paid.
(Ord. No. 2019-37 , § 2(Exh. G), 6-11-2019)
Page 13 of 46
Parkland Dedication Fee Schedule and Land Dedication Ratio
Parkland Dedication Fee in lieu of land dedication
Single Family (1 or 2 dwelling units) $650 per unit
Multi Family (3 or more dwelling units) $470 per unit
Parkland Development Fee
Single Family (1 or 2 dwelling units) $1,000 per unit
Multi Family (3 or more dwelling units) $750 per unit
Parkland Dedication
Single Family (1 or 2 dwelling units) 1 acre for every 80 dwelling units
Multi Family (3 or more dwelling units) 1 acre for every 110 dwelling units
Page 14 of 46
City of Georgetown, Texas
Parks and Rec Advisory Board
September 10, 2020
S UB J E C T:
C onsideration and pos s ible ac tion to rec ommend the approval of a F ac ility Use Agreement with G T X
S wim LLC – Kimberly G arrett, P arks and R ecreation Director and R obert G aylor, P arks and R ecreation
S uperintendent
IT E M S UMMARY:
G T X S wim is an adult masters swim team that utilizes the Village P ool, Williams Drive P ool, and the
R ecreation C enter indoor pool to conduc t their swim workouts. T he C ity C harter requires a us e agreement
for extended us e of C ity property by an outs ide group. T his use agreement outlines use of the facility
inc luding any improvements to the area, fees to be charged and required insuranc e.
T he term of agreement is for one year beginning O c tober 1, 2020. Upon expiration of the Initial Term, the
Us e Agreement may be renewed for up to four (4) additional one (1) year terms on the same terms and
conditions . T he agreement mus t be approved annually by C ity C ounc il.
F IN AN C IAL IMPAC T:
N/A
S UB MIT T E D B Y:
R obert G aylor, R ec reation S uperintendent, Eric Nuner P arks and R ecreation Assistant Direc tor
AT TAC H ME N T S:
Description Type
Facility Us e Agreement - GTX Swim LLC Backup Material
Page 15 of 46
STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
FACILITY USE AGREEMENT
THIS FACILITY USE AGREEMENT is made the day of __________________,
_______, by and between the CITY OF GEORGETOWN, a Texas home-rule municipal
corporation (“City”) and the Georgetown GTX SWIM LLC, a non-profit entity, herein called
(“GTX SWIM LLC”). For and in consideration of the mutual covenants and agreements herein
contained, it is mutually agreed as follows:
1. Use Area. City hereby agrees to allow the use of the Williams Drive Pool, Village Pool
and the Recreation Center Indoor Pool as shown in Exhibit “A” (the “Use Area”).
2. Use Term. The initial term of this Use Agreement shall be for one year, beginning on
October 1, 2020 and ending on September 30, 2021 (the “Initial Term”). Upon expiration
of the Initial Term, the Use Agreement may be renewed, if the parties agree, for up to four
(4) additional one (1) year terms on the same terms and conditions. Either party has the
right to terminate this Use Agreement prior to the end of the Use Term, provided written
notice is given at least ninety (90) days prior to the termination.
3. Use of Property. GTX SWIM LLC will utilize the Use Area to hold recreational swim
team practices and swim meets. No other designated activity of the Use Area shall be
permitted without expressed written permission of the City. The City shall maintain rights
of approval of activities allowed in the Use Area at all times. GTX SWIM LLC occupation
and utilization of the Use Area is nonexclusive.
4. Prohibited Use. GTX SWIM LLC may not use or permit any part of the Use Area to be
used for:
(a) Any activity that is a nuisance or is offensive, noisy, or dangerous; or
(b) Any activity that violates any applicable law, regulation, ordinance, governmental
order, or this Use Agreement.
5. Non-Discrimination. GTX SWIM LLC will operate their swim program without
discriminating against any person or class of persons
6. Meeting Space. The City shall provide, at no cost, a meeting space for a maximum of four
meetings in a calendar year. Dates and meeting space will be determined at a later time.
7. Improvements. If GTX SWIM LLC desires improvements for the Use Area, GTX SWIM
LLC must submit a written request to the City with a detailed description of proposed
improvements along with detailed costs associated with the project. If approved, the City,
will select a contractor to complete the work. GTX SWIM LLC will not be allowed to
pursue the improvements on their own. Additionally, GTX SWIM LLC shall make full
payment to the City to pay all costs of any improvements prior to the start of the project.
Any improvements to the Use Area made on be-half of GTX SWIM LLC shall immediately
become property of the City.
Page 16 of 46
8. Responsibilities. The City shall maintain Village Pool and Williams Drive Pool as
presented in Exhibit “B” Responsibilities. GTX SWIM LLC shall share the responsibilities
with the City as outlined in Exhibit “B” Responsibilities.
9. Fees. Rental rates for the Village Pool will be $35 per hour and Williams Drive Pool will
be $45 per hour. Recreation Center Indoor Pool lap lanes utilized for practice will be
invoiced at $7 per lane, per hour. Rental rates for swim meets at the Recreation Center
Indoor pool will be $650 per meet. Fees will be collected on the 1st of the month prior to
that month’s usage. Fees include the cost of Lifeguard coverage which is required at all
times in the use of any of the pools.
10. Emergency Action Plan. GTX SWIM LLC shall provide the City with a written
Emergency Action Plan to reflect the course of action to be taken in cases of injuries and/or
weather related emergencies. The plan should identify those responsible for initiating
action and what steps should be taken to summon EMS or dismiss or evacuate participants
and spectators if necessary.
11. Insurance. GTX SWIM LLC will provide insurance written by companies licensed to
conduct business in the State of Texas. GTX SWIM LLC shall keep this policy in full
force and effect during the term of this Use Agreement. Insurance in the amounts and types
included on the attached as Exhibit “C” and incorporated by reference. The insurance
policies will name the City, its officers, officials and employees as additional insureds. All
insurance policies shall be subject to the examination and approval of the City for
sufficiency as to content, form of protection, coverage and the insurance company
providing coverage. GTX SWIM LLC shall furnish a Certificate of Insurance to the City
evidencing compliance with the required insurance requirements at the time GTX SWIM
LLC delivers the executed Use Agreement to the City. GTX SWIM LLC agrees to provide
a copy of any insurance policy on the City’s request. All insurance policies shall provide
that the insurance coverage shall not be canceled or materially changed without a minimum
of thirty (30) days’ advance notice in writing to the City. GTX SWIM LLC failure to
comply with the insurance requirements in a timely manner shall be cause for termination
of the Use Agreement.
12. Indemnity. The City, its officers, officials and employees, shall not be liable to GTX
SWIM LLC, its directors, officers, officials, employees, members, customers, volunteers,
agents or representatives, for any damage caused by negligence of GTX SWIM LLC, its
directors, officers, officials, employees, members, customers, volunteers, agents or
representatives. GTX SWIM LLC assumes all liability and responsibility for loss,
damages, claims, injuries, lawsuits, judgments or causes of action of any type, including
but not limited to any action arising out of the Use Agreement, GTX SWIM LLC’s
operations or activities, and/or the swim team. GTX SWIM LLC releases, fully
indemnifies, holds harmless and agrees to defend the City, its officers, officials and
employees, from any and all liability, loss damages, claims, injuries, lawsuits, judgments
or causes of action of any type, including but not limited to any action taken as a result of
conducting swim team practice, arising out of the Use Agreement, and/or GTX SWIM
LLC’s operations or activities.
Page 17 of 46
13. Default. GTX SWIM LLC’s violation of any provision of this Use Agreement shall
constitute a default. GTX SWIM LLC shall have thirty (30) days from the receipt of a
notice of default to cure the default. If GTX SWIM LLC fails to cure the default the City
may immediately terminate this Use Agreement.
14. Notices. Notices or other correspondence concerning this Use Agreement shall be in
writing and are effective when mailed, hand-delivered, or transmitted by facsimile or
electronic transmission as follows:
To City: To User:
City Manager ______________________________
113 E. 8th Street Address: ______________________
Georgetown, Texas 78626 ______________________________
Phone: 512.930.3723 Phone: ________________________
Fax: 512.930.3622 Fax: __________________________
Email: david.morgan@georgetown.org E-mail: _______________________
15. Access by City. The City may enter the User Area at any time for any purpose.
16. Condition of Property. GTX SWIM LLC has inspected the Use Area and accepts the Use
Area in its present condition “AS IS” unless expressly provided otherwise in this Use
Agreement. The City has made no express or implied warranties as to the condition or
permitted use of the Use Area. At the time this Use Agreement ends, GTX SWIM LLC
will surrender the Use Area in the same condition as when received, normal wear and tear
excepted. GTX SWIM LLC will not cause damage to the Use Area and will not cause or
allow hazardous materials or environmental contaminants in the Use Area. If GTX SWIM
LLC leaves any personal property in the Use Area after expiration of a Use Term, the City
may, at its sole option: (1) require GTX SWIM LLC, at GTX SWIM LLC’s expense, to
remove the personal property within ten (10) days after written notice to GTX SWIM LLC;
or (2) retain such personal property as forfeited property.
17. Records. GTX SWIM LLC shall provide a complete copy of its Articles of Incorporation,
Bylaws and/or other governing documents, and its rules and regulations for the swim
program, with the executed Use Agreement. GTX SWIM LLC shall provide an annual
independent audit, including a complete accounting of all funds received and all funds
disbursed, no later than the first day of September during any Use Term. The City shall be
entitled to inspect and copy GTX SWIM LLC’s records concerning or related to the swim
team upon request with reasonable notice. This will include fees related to the number of
swimmers registered in the programs operated by GTX SWIM LLC.
Page 18 of 46
18. Entire Agreement. This Use Agreement constitutes the sole and only agreement of the
parties, and supersedes any prior understandings or written or oral agreements between the
Parties, concerning the subject matter of this Use Agreement. There are no verbal or
written representations, understandings, stipulations, agreements or promises pertaining to
this Use Agreement that are not incorporated in this Use Agreement. If a provision of this
Use Agreement shall be held to be invalid, illegal or unenforceable, such invalidity,
illegality or unenforceability shall not affect any other provision of this Use Agreement
and this Use Agreement shall be construed and interpreted as if such invalid, illegal or
unenforceable provisions had not been included. All exhibits referenced in this Use
Agreement are attached and incorporated by reference for all purposes.
19. Amendment. This Use Agreement may not be modified or amended except in writing
signed by the City and GTX SWIM LLC.
20. Applicable Law. This Use Agreement shall be construed and interpreted in accordance
with Texas law. The parties agree that this Use Agreement is performable in Williamson
County, Texas.
21. Non-Assignment. GTX SWIM LLC shall not assign or transfer any right or interest in the
Use Agreement, in whole or in part, without prior written approval of the City. GTX
SWIM LLC shall not sublease or rent out facilities without prior written consent of the
City. This Use Agreement shall bind the parties, and their respective legal representative,
successors, and permitted assigns.
22. No Third-Party Beneficiaries. This Use Agreement shall not be construed as affording
any rights or benefits to anyone other than the City and GTX SWIM LLC.
Page 19 of 46
EXECUTED this day of _______________, 2020.
GTX Swim LLC
By:
Name: __________________________
Title: ___________________________
STATE OF TEXAS § ACKNOWLEDGMENT
COUNTY OF _______________ §
This instrument was acknowledged before me on this the ____ day of ____________, 2020,
by ____________________________, a person known to me in his capacity as
____________________________ of the Georgetown Youth Girls Softball Association, on
behalf of the Georgetown Youth Girls Softball Association.
____________________________________
Notary Public in and for the State of Texas
City of Georgetown, Texas
By: _____________________________
Dale Ross, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ________________________________
Robyn Densmore, City Secretary Skye Mason, City Attorney
Page 20 of 46
EXHIBIT “A”
Village Pool Facility
Williams Drive Pool
Recreation Center Indoor Pool
Page 21 of 46
EXHIBIT “B”
Responsibilities
● The City will provide a small space on location for GTX SWIM LLC to provide their
own enclosed and secure storage.
● The City will provide GTX SWIM LLC facility space at the Village Pool Meeting Room
for swim team business meetings.
● GTX SWIM LLC shall be responsible for reporting necessary maintenance repairs to the
City no later than the following workday.
● GTX SWIM LLC must notify and obtain prior approval from the City on any planned
improvements to the facilities.
● The following chart outlines maintenance responsibilities.
Responsibilities:
TASK GTX SWIM
LLC
PARD COMMENT
Trash and Liter Pick-Up X X Daily
Chemical Checks X
Backwashing X
Brushing Pool Walls/Bottom X
Empty Skimmer Baskets X
Clean and organize storage areas X
Insert and Remove Auto
Vac/Aerator at Williams Drive
X X
Insert and Remove Pool Cover
Village
X X
Place Trash Cans on Curb for Pick-
Up
X
Plumbing Repair X
Parking Lot Maintenance X
Winterize facility X
Stock Janitorial Supplies X
Building Light Bulbs Replacement X PARD exterior only
Clean Restrooms X X Prior to leaving complex- DAILY
Pest Control (Building) X PARD exterior only
Electrical X
Time Clocks X
Facility Signs X
Install and Remove Backstroke
Flags at Williams Drive Daily
X
Lifeguards X
Page 22 of 46
EXHIBIT “C”
TYPE AMOUNT
Comprehensive General Liability Bodily Injury
Including contractual liability, $250,000 per person
premises/operations and personal $500,000 aggregate
injury liability.
Property Damage
$100,000 per occurrence
$100,000 aggregate
Page 23 of 46
City of Georgetown, Texas
Parks and Rec Advisory Board
September 10, 2020
S UB J E C T:
C onsideration and pos s ible ac tion to rec ommend the approval of a F ac ility Use Agreement with the
G eorgetown Aquadillos – Kimberly G arrett, P arks and R ec reation Direc tor and R obert G aylor, P arks and
R ecreation S uperintendent
IT E M S UMMARY:
T he G eorgetown Aquadillos is a youth summer league s wim team that utilizes the Village P ool, Williams
Drive P ool, and the R ec reation C enter indoor pool to c onduct their s wim meets and practices. T he C ity
C harter requires a use agreement for extended us e of C ity property by an outs ide group. T his use
agreement outlines use of the facility inc luding any improvements to the area, fees to be charged and
required insuranc e.
T he term of agreement is for one year beginning O c tober 1, 2020. Upon expiration of the Initial Term, the
Us e Agreement may be renewed for up to four (4) additional one (1) year terms on the same terms and
conditions . T he agreement mus t be approved annually by C ity C ounc il.
F IN AN C IAL IMPAC T:
N/A
S UB MIT T E D B Y:
R obert G aylor, R ec reation S uperintendent, Eric Nuner P arks and R ecreation Assistant Direc tor
AT TAC H ME N T S:
Description Type
Facility Us e Agreement - Georgetown Aquadillos Backup Material
Page 24 of 46
STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
FACILITY USE AGREEMENT
THIS FACILITY USE AGREEMENT is made the day of __________________,
_______, by and between the CITY OF GEORGETOWN, a Texas home-rule municipal
corporation (“City”) and the Georgetown AQUADILLOS, a non-profit entity, herein called
(“AQUADILLOS”). For and in consideration of the mutual covenants and agreements herein
contained, it is mutually agreed as follows:
1. Use Area. City hereby agrees to allow the use of the Williams Drive Pool, Village Pool
and the Recreation Center Indoor Pool as shown in Exhibit “A” (the “Use Area”).
2. Use Term. The initial term of this Use Agreement shall be for one year, beginning on
October 1, 2020 and ending on September 30, 2021 (the “Initial Term”). Upon expiration
of the Initial Term, the Use Agreement may be renewed, if the parties agree, for up to four
(4) additional one (1) year terms on the same terms and conditions. Either party has the
right to terminate this Use Agreement prior to the end of the Use Term, provided written
notice is given at least ninety (90) days prior to the termination.
3. Use of Property. AQUADILLOS will utilize the Use Area to hold recreational swim team
practices and swim meets. No other designated activity of the Use Area shall be permitted
without expressed written permission of the City. The City shall maintain rights of
approval of activities allowed in the Use Area at all times. AQUADILLOS occupation and
utilization of the Use Area is nonexclusive.
4. Prohibited Use. AQUADILLOS may not use or permit any part of the Use Area to be
used for:
(a) Any activity that is a nuisance or is offensive, noisy, or dangerous; or
(b) Any activity that violates any applicable law, regulation, ordinance, governmental
order, or this Use Agreement.
5. Non-Discrimination. AQUADILLOS will operate their swim program without
discriminating against any person or class of persons
6. Meeting Space. The City shall provide, at no cost, a meeting space for a maximum of four
meetings in a calendar year. Dates and meeting space will be determined at a later time.
7. Improvements. If AQUADILLOS desires improvements for the Use Area,
AQUADILLOS must submit a written request to the City with a detailed description of
proposed improvements along with detailed costs associated with the project. If approved,
the City, will select a contractor to complete the work. AQUADILLOS will not be allowed
to pursue the improvements on their own. Additionally, AQUADILLOS shall make full
payment to the City to pay all costs of any improvements prior to the start of the project.
Any improvements to the Use Area made on be-half of AQUADILLOS shall immediately
become property of the City.
Page 25 of 46
8. Responsibilities. The City shall maintain Village Pool and Williams Drive Pool as
presented in Exhibit “B” Responsibilities. AQUADILLOS shall share the responsibilities
with the City as outlined in Exhibit “B” Responsibilities.
9. Fees. Rental rates for the Village Pool will be $35 per hour and Williams Drive Pool will
be $45 per hour. Recreation Center Indoor Pool lap lanes utilized for practice will be
invoiced at $7 per lane, per hour. Rental rates for swim meets at the Recreation Center
Indoor pool will be $650 per meet. Fees will be collected on the 1st of the month prior to
that month’s usage. Fees include the cost of Lifeguard coverage which is required at all
times in the use of any of the pools.
10. Emergency Action Plan. AQUADILLOS shall provide the City with a written Emergency
Action Plan to reflect the course of action to be taken in cases of injuries and/or weather
related emergencies. The plan should identify those responsible for initiating action and
what steps should be taken to summon EMS or dismiss or evacuate participants and
spectators if necessary.
11. Insurance. AQUADILLOS will provide insurance written by companies licensed to
conduct business in the State of Texas. AQUADILLOS shall keep this policy in full force
and effect during the term of this Use Agreement. Insurance in the amounts and types
included on the attached as Exhibit “C” and incorporated by reference. The insurance
policies will name the City, its officers, officials and employees as additional insureds. All
insurance policies shall be subject to the examination and approval of the City for
sufficiency as to content, form of protection, coverage and the insurance company
providing coverage. AQUADILLOS shall furnish a Certificate of Insurance to the City
evidencing compliance with the required insurance requirements at the time
AQUADILLOS delivers the executed Use Agreement to the City. AQUADILLOS agrees
to provide a copy of any insurance policy on the City’s request. All insurance policies shall
provide that the insurance coverage shall not be canceled or materially changed without a
minimum of thirty (30) days’ advance notice in writing to the City. AQUADILLOS failure
to comply with the insurance requirements in a timely manner shall be cause for
termination of the Use Agreement.
12. Indemnity. The City, its officers, officials and employees, shall not be liable to
AQUADILLOS, its directors, officers, officials, employees, members, customers,
volunteers, agents or representatives, for any damage caused by negligence of
AQUADILLOS, its directors, officers, officials, employees, members, customers,
volunteers, agents or representatives. AQUADILLOS assumes all liability and
responsibility for loss, damages, claims, injuries, lawsuits, judgments or causes of action
of any type, including but not limited to any action arising out of the Use Agreement,
AQUADILLOS’s operations or activities, and/or the swim team. AQUADILLOS releases,
fully indemnifies, holds harmless and agrees to defend the City, its officers, officials and
employees, from any and all liability, loss damages, claims, injuries, lawsuits, judgments
or causes of action of any type, including but not limited to any action taken as a result of
conducting swim team practice, arising out of the Use Agreement, and/or
AQUADILLOS’s operations or activities.
Page 26 of 46
13. Default. AQUADILLOS’s violation of any provision of this Use Agreement shall
constitute a default. AQUADILLOS shall have thirty (30) days from the receipt of a notice
of default to cure the default. If AQUADILLOS fails to cure the default the City may
immediately terminate this Use Agreement.
14. Notices. Notices or other correspondence concerning this Use Agreement shall be in
writing and are effective when mailed, hand-delivered, or transmitted by facsimile or
electronic transmission as follows:
To City: To User:
City Manager ______________________________
113 E. 8th Street Address: ______________________
Georgetown, Texas 78626 ______________________________
Phone: 512.930.3723 Phone: ________________________
Fax: 512.930.3622 Fax: __________________________
Email: david.morgan@georgetown.org E-mail: _______________________
15. Access by City. The City may enter the User Area at any time for any purpose.
16. Condition of Property. AQUADILLOS has inspected the Use Area and accepts the Use
Area in its present condition “AS IS” unless expressly provided otherwise in this Use
Agreement. The City has made no express or implied warranties as to the condition or
permitted use of the Use Area. At the time this Use Agreement ends, AQUADILLOS will
surrender the Use Area in the same condition as when received, normal wear and tear
excepted. AQUADILLOS will not cause damage to the Use Area and will not cause or
allow hazardous materials or environmental contaminants in the Use Area. If
AQUADILLOS leaves any personal property in the Use Area after expiration of a Use
Term, the City may, at its sole option: (1) require AQUADILLOS, at AQUADILLOS’s
expense, to remove the personal property within ten (10) days after written notice to
AQUADILLOS; or (2) retain such personal property as forfeited property.
17. Records. AQUADILLOS shall provide a complete copy of its Articles of Incorporation,
Bylaws and/or other governing documents, and its rules and regulations for the swim
program, with the executed Use Agreement. AQUADILLOS shall provide an annual
independent audit, including a complete accounting of all funds received and all funds
disbursed, no later than the first day of September during any Use Term. The City shall be
entitled to inspect and copy AQUADILLOS’s records concerning or related to the swim
team upon request with reasonable notice. This will include fees related to the number of
swimmers registered in the programs operated by AQUADILLOS.
Page 27 of 46
18. Entire Agreement. This Use Agreement constitutes the sole and only agreement of the
parties, and supersedes any prior understandings or written or oral agreements between the
Parties, concerning the subject matter of this Use Agreement. There are no verbal or
written representations, understandings, stipulations, agreements or promises pertaining to
this Use Agreement that are not incorporated in this Use Agreement. If a provision of this
Use Agreement shall be held to be invalid, illegal or unenforceable, such invalidity,
illegality or unenforceability shall not affect any other provision of this Use Agreement
and this Use Agreement shall be construed and interpreted as if such invalid, illegal or
unenforceable provisions had not been included. All exhibits referenced in this Use
Agreement are attached and incorporated by reference for all purposes.
19. Amendment. This Use Agreement may not be modified or amended except in writing
signed by the City and AQUADILLOS.
20. Applicable Law. This Use Agreement shall be construed and interpreted in accordance
with Texas law. The parties agree that this Use Agreement is performable in Williamson
County, Texas.
21. Non-Assignment. AQUADILLOS shall not assign or transfer any right or interest in the
Use Agreement, in whole or in part, without prior written approval of the City.
AQUADILLOS shall not sublease or rent out facilities without prior written consent of the
City. This Use Agreement shall bind the parties, and their respective legal representative,
successors, and permitted assigns.
22. No Third-Party Beneficiaries. This Use Agreement shall not be construed as affording
any rights or benefits to anyone other than the City and AQUADILLOS.
Page 28 of 46
EXECUTED this day of _______________, 2020.
Aquadillos
By:
Name: __________________________
Title: ___________________________
STATE OF TEXAS § ACKNOWLEDGMENT
COUNTY OF _______________ §
This instrument was acknowledged before me on this the ____ day of ____________, 2020,
by ____________________________, a person known to me in his capacity as
____________________________ of the Georgetown Youth Girls Softball Association, on
behalf of the Georgetown Youth Girls Softball Association.
____________________________________
Notary Public in and for the State of Texas
City of Georgetown, Texas
By: _____________________________
Dale Ross, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ________________________________
Robyn Densmore, City Secretary Skye Mason, City Attorney
Page 29 of 46
EXHIBIT “A”
Village Pool Facility
Williams Drive Pool
Recreation Center Indoor Pool
Page 30 of 46
EXHIBIT “B”
Responsibilities
● The City will provide a small space on location for AQUADILLOS to provide their own
enclosed and secure storage.
● The City will provide AQUADILLOS facility space at the Village Pool Meeting Room
for swim team business meetings.
● AQUADILLOS shall be responsible for reporting necessary maintenance repairs to the
City no later than the following workday.
● AQUADILLOS must notify and obtain prior approval from the City on any planned
improvements to the facilities.
● The following chart outlines maintenance responsibilities.
Responsibilities:
TASK AQUADILLOS PARD COMMENT
Trash and Liter Pick-Up X X Daily
Chemical Checks X
Backwashing X
Brushing Pool Walls/Bottom X
Empty Skimmer Baskets X
Clean and organize storage areas X
Insert and Remove Auto
Vac/Aerator at Williams Drive
X X
Insert and Remove Pool Cover
Village
X X
Place Trash Cans on Curb for Pick-
Up
X
Plumbing Repair X
Parking Lot Maintenance X
Winterize facility X
Stock Janitorial Supplies X
Building Light Bulbs Replacement X PARD exterior only
Clean Restrooms X X Prior to leaving complex- DAILY
Pest Control (Building) X PARD exterior only
Electrical X
Time Clocks X
Facility Signs X
Install and Remove Backstroke
Flags at Williams Drive Daily
X
Lifeguards X
Page 31 of 46
EXHIBIT “C”
TYPE AMOUNT
Comprehensive General Liability Bodily Injury
Including contractual liability, $250,000 per person
premises/operations and personal $500,000 aggregate
injury liability.
Property Damage
$100,000 per occurrence
$100,000 aggregate
Page 32 of 46
City of Georgetown, Texas
Parks and Rec Advisory Board
September 10, 2020
S UB J E C T:
C onsideration and pos s ible ac tion to rec ommend the approval of a F ac ility Use Agreement with Texas
G old – Kimberly G arrett, P arks and R ecreation Director and R obert G aylor, P arks and R ecreation
S uperintendent
IT E M S UMMARY:
Texas Gold is a youth swim team that utilizes the Village P ool, Williams Drive P ool, and the R ecreation
Center indoor pool to conduct their swim meets and practices. T he City Charter requires a use agreement for
extended use of City property by an outside group. T his use agreement outlines use of the facility including
any improvements to the area, fees to be charged and required insurance.
T he term of agreement is for one year beginning O c tober 1, 2020. Upon expiration of the Initial Term, the
Us e Agreement may be renewed for up to four (4) additional one (1) year terms on the same terms and
conditions . T he agreement mus t be approved annually by C ity C ounc il.
F IN AN C IAL IMPAC T:
N/A
S UB MIT T E D B Y:
R obert G aylor, R ec reation S uperintendent, Eric Nuner P arks and R ecreation Assistant Direc tor
AT TAC H ME N T S:
Description Type
Facility Us e Agreement - Texas Gold Backup Material
Page 33 of 46
STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
FACILITY USE AGREEMENT
THIS FACILITY USE AGREEMENT is made the day of __________________,
_______, by and between the CITY OF GEORGETOWN, a Texas home-rule municipal
corporation (“City”) and the Georgetown TEXAS GOLD, a non-profit entity, herein called
(“TEXAS GOLD”). For and in consideration of the mutual covenants and agreements herein
contained, it is mutually agreed as follows:
1. Use Area. City hereby agrees to allow the use of the Williams Drive Pool, Village Pool
and the Recreation Center Indoor Pool as shown in Exhibit “A” (the “Use Area”).
2. Use Term. The initial term of this Use Agreement shall be for one year, beginning on
October 1, 2020 and ending on September 30, 2021 (the “Initial Term”). Upon expiration
of the Initial Term, the Use Agreement may be renewed, if the parties agree, for up to four
(4) additional one (1) year terms on the same terms and conditions. Either party has the
right to terminate this Use Agreement prior to the end of the Use Term, provided written
notice is given at least ninety (90) days prior to the termination.
3. Use of Property. TEXAS GOLD will utilize the Use Area to hold recreational swim team
practices and swim meets. No other designated activity of the Use Area shall be permitted
without expressed written permission of the City. The City shall maintain rights of
approval of activities allowed in the Use Area at all times. TEXAS GOLD occupation and
utilization of the Use Area is nonexclusive.
4. Prohibited Use. TEXAS GOLD may not use or permit any part of the Use Area to be
used for:
(a) Any activity that is a nuisance or is offensive, noisy, or dangerous; or
(b) Any activity that violates any applicable law, regulation, ordinance, governmental
order, or this Use Agreement.
5. Non-Discrimination. TEXAS GOLD will operate their swim program without
discriminating against any person or class of persons
6. Meeting Space. The City shall provide, at no cost, a meeting space for a maximum of four
meetings in a calendar year. Dates and meeting space will be determined at a later time.
7. Improvements. If TEXAS GOLD desires improvements for the Use Area, TEXAS
GOLD must submit a written request to the City with a detailed description of proposed
improvements along with detailed costs associated with the project. If approved, the City,
will select a contractor to complete the work. TEXAS GOLD will not be allowed to pursue
the improvements on their own. Additionally, TEXAS GOLD shall make full payment to
the City to pay all costs of any improvements prior to the start of the project. Any
improvements to the Use Area made on be-half of TEXAS GOLD shall immediately
become property of the City.
Page 34 of 46
8. Responsibilities. The City shall maintain Village Pool and Williams Drive Pool as
presented in Exhibit “B” Responsibilities. TEXAS GOLD shall share the responsibilities
with the City as outlined in Exhibit “B” Responsibilities.
9. Fees. Rental rates for the Village Pool will be $35 per hour and Williams Drive Pool will
be $45 per hour. Recreation Center Indoor Pool lap lanes utilized for practice will be
invoiced at $7 per lane, per hour. Rental rates for swim meets at the Recreation Center
Indoor pool will be $650 per meet. Fees will be collected on the 1st of the month prior to
that month’s usage. Fees include the cost of Lifeguard coverage which is required at all
times in the use of any of the pools.
10. Emergency Action Plan. TEXAS GOLD shall provide the City with a written Emergency
Action Plan to reflect the course of action to be taken in cases of injuries and/or weather
related emergencies. The plan should identify those responsible for initiating action and
what steps should be taken to summon EMS or dismiss or evacuate participants and
spectators if necessary.
11. Insurance. TEXAS GOLD will provide insurance written by companies licensed to
conduct business in the State of Texas. TEXAS GOLD shall keep this policy in full force
and effect during the term of this Use Agreement. Insurance in the amounts and types
included on the attached as Exhibit “C” and incorporated by reference. The insurance
policies will name the City, its officers, officials and employees as additional insureds. All
insurance policies shall be subject to the examination and approval of the City for
sufficiency as to content, form of protection, coverage and the insurance company
providing coverage. TEXAS GOLD shall furnish a Certificate of Insurance to the City
evidencing compliance with the required insurance requirements at the time TEXAS
GOLD delivers the executed Use Agreement to the City. TEXAS GOLD agrees to provide
a copy of any insurance policy on the City’s request. All insurance policies shall provide
that the insurance coverage shall not be canceled or materially changed without a minimum
of thirty (30) days’ advance notice in writing to the City. TEXAS GOLD failure to comply
with the insurance requirements in a timely manner shall be cause for termination of the
Use Agreement.
12. Indemnity. The City, its officers, officials and employees, shall not be liable to TEXAS
GOLD, its directors, officers, officials, employees, members, customers, volunteers, agents
or representatives, for any damage caused by negligence of TEXAS GOLD, its directors,
officers, officials, employees, members, customers, volunteers, agents or representatives.
TEXAS GOLD assumes all liability and responsibility for loss, damages, claims, injuries,
lawsuits, judgments or causes of action of any type, including but not limited to any action
arising out of the Use Agreement, TEXAS GOLD’s operations or activities, and/or the
swim team. TEXAS GOLD releases, fully indemnifies, holds harmless and agrees to
defend the City, its officers, officials and employees, from any and all liability, loss
damages, claims, injuries, lawsuits, judgments or causes of action of any type, including
but not limited to any action taken as a result of conducting swim team practice, arising out
of the Use Agreement, and/or TEXAS GOLD’s operations or activities.
Page 35 of 46
13. Default. TEXAS GOLD’s violation of any provision of this Use Agreement shall
constitute a default. TEXAS GOLD shall have thirty (30) days from the receipt of a notice
of default to cure the default. If TEXAS GOLD fails to cure the default the City may
immediately terminate this Use Agreement.
14. Notices. Notices or other correspondence concerning this Use Agreement shall be in
writing and are effective when mailed, hand-delivered, or transmitted by facsimile or
electronic transmission as follows:
To City: To User:
City Manager ______________________________
113 E. 8th Street Address: ______________________
Georgetown, Texas 78626 ______________________________
Phone: 512.930.3723 Phone: ________________________
Fax: 512.930.3622 Fax: __________________________
Email: david.morgan@georgetown.org E-mail: _______________________
15. Access by City. The City may enter the User Area at any time for any purpose.
16. Condition of Property. TEXAS GOLD has inspected the Use Area and accepts the Use
Area in its present condition “AS IS” unless expressly provided otherwise in this Use
Agreement. The City has made no express or implied warranties as to the condition or
permitted use of the Use Area. At the time this Use Agreement ends, TEXAS GOLD will
surrender the Use Area in the same condition as when received, normal wear and tear
excepted. TEXAS GOLD will not cause damage to the Use Area and will not cause or
allow hazardous materials or environmental contaminants in the Use Area. If TEXAS
GOLD leaves any personal property in the Use Area after expiration of a Use Term, the
City may, at its sole option: (1) require TEXAS GOLD, at TEXAS GOLD’s expense, to
remove the personal property within ten (10) days after written notice to TEXAS GOLD;
or (2) retain such personal property as forfeited property.
17. Records. TEXAS GOLD shall provide a complete copy of its Articles of Incorporation,
Bylaws and/or other governing documents, and its rules and regulations for the swim
program, with the executed Use Agreement. TEXAS GOLD shall provide an annual
independent audit, including a complete accounting of all funds received and all funds
disbursed, no later than the first day of September during any Use Term. The City shall be
entitled to inspect and copy TEXAS GOLD’s records concerning or related to the swim
team upon request with reasonable notice. This will include fees related to the number of
swimmers registered in the programs operated by TEXAS GOLD.
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18. Entire Agreement. This Use Agreement constitutes the sole and only agreement of the
parties, and supersedes any prior understandings or written or oral agreements between the
Parties, concerning the subject matter of this Use Agreement. There are no verbal or
written representations, understandings, stipulations, agreements or promises pertaining to
this Use Agreement that are not incorporated in this Use Agreement. If a provision of this
Use Agreement shall be held to be invalid, illegal or unenforceable, such invalidity,
illegality or unenforceability shall not affect any other provision of this Use Agreement
and this Use Agreement shall be construed and interpreted as if such invalid, illegal or
unenforceable provisions had not been included. All exhibits referenced in this Use
Agreement are attached and incorporated by reference for all purposes.
19. Amendment. This Use Agreement may not be modified or amended except in writing
signed by the City and TEXAS GOLD.
20. Applicable Law. This Use Agreement shall be construed and interpreted in accordance
with Texas law. The parties agree that this Use Agreement is performable in Williamson
County, Texas.
21. Non-Assignment. TEXAS GOLD shall not assign or transfer any right or interest in the
Use Agreement, in whole or in part, without prior written approval of the City. TEXAS
GOLD shall not sublease or rent out facilities without prior written consent of the City.
This Use Agreement shall bind the parties, and their respective legal representative,
successors, and permitted assigns.
22. No Third-Party Beneficiaries. This Use Agreement shall not be construed as affording
any rights or benefits to anyone other than the City and TEXAS GOLD.
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EXECUTED this day of _______________, 2020.
Texas Gold
By:
Name: __________________________
Title: ___________________________
STATE OF TEXAS § ACKNOWLEDGMENT
COUNTY OF _______________ §
This instrument was acknowledged before me on this the ____ day of ____________, 2020,
by ____________________________, a person known to me in his capacity as
____________________________ of the Georgetown Youth Girls Softball Association, on
behalf of the Georgetown Youth Girls Softball Association.
____________________________________
Notary Public in and for the State of Texas
City of Georgetown, Texas
By: _____________________________
Dale Ross, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ________________________________
Robyn Densmore, City Secretary Skye Mason, City Attorney
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EXHIBIT “A”
Village Pool Facility
Williams Drive Pool
Recreation Center Indoor Pool
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EXHIBIT “B”
Responsibilities
● The City will provide a small space on location for TEXAS GOLD to provide their own
enclosed and secure storage.
● The City will provide TEXAS GOLD facility space at the Village Pool Meeting Room
for swim team business meetings.
● TEXAS GOLD shall be responsible for reporting necessary maintenance repairs to the
City no later than the following workday.
● TEXAS GOLD must notify and obtain prior approval from the City on any planned
improvements to the facilities.
● The following chart outlines maintenance responsibilities.
Responsibilities:
TASK TEXAS GOLD PARD COMMENT
Trash and Liter Pick-Up X X Daily
Chemical Checks X
Backwashing X
Brushing Pool Walls/Bottom X
Empty Skimmer Baskets X
Clean and organize storage areas X
Insert and Remove Auto
Vac/Aerator at Williams Drive
X X
Insert and Remove Pool Cover
Village
X X
Place Trash Cans on Curb for Pick-
Up
X
Plumbing Repair X
Parking Lot Maintenance X
Winterize facility X
Stock Janitorial Supplies X
Building Light Bulbs Replacement X PARD exterior only
Clean Restrooms X X Prior to leaving complex- DAILY
Pest Control (Building) X PARD exterior only
Electrical X
Time Clocks X
Facility Signs X
Install and Remove Backstroke
Flags at Williams Drive Daily
X
Lifeguards X
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EXHIBIT “C”
TYPE AMOUNT
Comprehensive General Liability Bodily Injury
Including contractual liability, $250,000 per person
premises/operations and personal $500,000 aggregate
injury liability.
Property Damage
$100,000 per occurrence
$100,000 aggregate
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City of Georgetown, Texas
Parks and Rec Advisory Board
September 10, 2020
S UB J E C T:
C onsideration and pos s ible ac tion to approve minutes from the August 13, 2020 meeting - Jill Kellum,
Administrative S upervisor
IT E M S UMMARY:
F IN AN C IAL IMPAC T:
N/A
S UB MIT T E D B Y:
Jill Kellum, Adminis trative S upervis or
AT TAC H ME N T S:
Description Type
Minutes Backup Material
Page 42 of 46
Minutes of the Meeting of the
Parks and Recreation Advisory Board
City of Georgetown, Texas
August 13, 2020
Regular Session
(This Regular Session may, at any time, be recessed to convene an Executive Session for any purpose
authorized by the Open Meetings Act, Texas Government Code 551.)
A Call to Order - Danelle Houck, Parks and Recreation Advisory Board Chair
The meeting was called to order by Danelle Houck at 6:02 pm.
B Roll Call - Danelle Houck, Parks and Recreation Advisory Board Chair
Members present: Danelle Houck, Katherine Kainer, Jolene Melacon, Wayne Beyer, Larry Gambone,
Chad Holz, Jack Flatau
Staff present: Kimberly Garrett, Jill Kellum
C Discussion on how this virtual conference will be conducted, to include options for public
comments and how the public may address the Commission – Kimberly Garrett, Parks and Recreation
Director
Kimberly Garrett explained how the ZOOM meeting would be conducted.
D Project Updates and Staff Report - Kimberly Garrett, Parks and Recreation Director
Eric Nuner reviewed the project update that was provided to the board ahead of time. Bid documents
have been sent to Purchasing and Legal for review for the ADA project. Golden Bear Park is scheduled
to be complete in September. Grace Heritage Plaza is waiting landscape and lighting. The Village PID
Park Renovation is underway and expected to be complete in October.
E Update from the Friends of Georgetown Parks and Recreation - Danelle Houck, Parks and
Recreation Advisory Board Chair
Danelle Houck stated the Friends of Georgetown Parks and Recreation held a meeting virtually on
8/3/2020. They have canceled their September membership meeting and canceled the Daddy Daughter
Dance. Next year they are planning a Family Costume Ball near Halloween. They are not seeing a lot of
requests for assistance and the athletic department of the Parks and Recreation Department reached
out to the Friends to promote the group on their flyers. As a result of that Texas Traditions Roofing has
donated as well as other groups.
F Update on proposed Parks and Recreation FY2021 Budget -- Kimberly Garrett
Kimberly Garrett stated the proposed FY2021 CIP includes all the projects that were included in the
FY2020 CIP but delayed due to funding except the design of San Gabriel Park Phase III. The design of this
project has been pushed to FY2022 and construction to FY2023.
FY2021 CIP Projects include:
Neighborhood Park Development (Heritage Gardens), Parks Master Plan, Regional Trail through Wolf
Crossing Property, Tennis Center Pool Demo and Continuation of the Parks ADA Transition Plan.
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Due to reduced revenues in Parks and Recreation, over $400,000 in reductions to the base budget had
to be done. Vacant positions were either put on hold until mid-year or the entire year this includes a PT
position at Garey Park and the Recreation Center - hold until March 2021, a FT position in Parks
Maintenance - hold until March 2021 and a FT position for the Challenge Course - hold all year.
Service level reductions for FY 2021 include River Ridge Pool (closed for open swim), Kid City Day Camp –
cancelled, Aerobics - Reduce Group Fitness classes included with membership, go to fee based,
Babysitter Expense- reduce operating hours, Outdoor/Challenge Course programming reduced, Swim
Lessons - reduced offerings, Instructional classes - reduced offerings, Tennis Tournaments – cancelled,
and Garey Park programming - reduced offerings. There were reductions to travel, training and food
accounts.
Chad Holz stated he wanted to commend Kimberly Garrett and the department. He stated they have
done a phenomenal job through all the challenges. He asked what brings in revenue for the
department. Kimberly Garrett stated the programs that bring in money are camps, youth athletic
programs and instructional programs. Instructional programs usually make money but if we cannot host
the program, we cannot bring in the revenue. Subsidized programming would be swimming, and
anything related to pools and Kid City camp. Kimberly Garrett stated it is a slow start with the
limitations. The rental of the facilities brings in money. Eric Nuner stated staff will be working on the
masterplan and a primary piece to that is the cost-recovery model which will help answer the questions
of which programs have a high cost-recovery and which are high-subsidized.
Legislative Regular Agenda
G Consideration and possible recommendation on the parkland dedication proposal for the
Patterson Ranch Subdivision. -- Kimberly Garrett
Kimberly Garrett showed where the development was in the southeast portion of Georgetown, which is
shown in the attachments of the meeting.
The Patterson Ranch Subdivision is requesting credit for a private park to be built by the developer and
maintained by the HOA. Up to 50% credit towards the parkland dedication fee and the park
development may be granted for a private park and amenities. Their site has many challenges including
a power line easement and floodplain. After much discussion with the developer, staff proposed they
consider the private park option to give them some flexibility on their design. In this instance, the
developer would be required to have at least a 2-acre park and have a minimum of 5 park improvement
facilities. They are proposing a 2.13-acre neighborhood park and over 10 additional acres of private
open space. With 400 units, their traditional parkland requirement is 5 acres.
Within the park and open space, amenities proposed must be non-exclusive and include:
• Playground
• Pavilion
• Picnic areas
• Multi-use open space
• Trails
Private park credit may be granted by the Parks and Recreation Director after a recommendation from
the Parks Board. Staff supports this proposal and believes 50% credit should be allowed due to the
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amount of private parkland proposed and the value of amenities to be installed. Staff also agrees that
this scenario is a win-win for both the City and Developer. The residents of the neighborhood get a nice
park with amenities which are non-exclusive and maintained by the HOA and the City receives funds to
purchase land and/or develop another park in the development zone.
Fee Summary
Parkland Fee in lieu (400 * $650): $260,000
Park Development fee (400 * $1,000): $400,000
$660,000
50% Credit for Private Park $330,000
Ben Debellis, landscape architect for the development, stated the project is 106 acres and 400 units.
They want to create a feature central to most of the lots where people have access to the trail and green
belt but also have a dedicated park area. It is 2.13 acres of dedicated improved parkland; playground,
pavilion, making new space and trail and this would be the central hub for the trail system throughout
the project.
Kimberly Garrett stated the estimate that was provided on the cost of the amenities is definitely 50% of
the cost to develop the park. She said there is close to 20 acres of park and open space and she stated
the minimum the city wants is 2 acres, ideally would want 3 acres. She stated they can do so much
under the powerlines where the city cannot. For them to maximize the number of lots, they can utilize
that space. Kimberly Garrett stated she has the authority to make the determination on accepting up to
50% credit with the recommendation from the Parks and Recreation Advisory Board. This is the first
project that has come to the board with the new adoption of the parkland dedication.
Chad Holz asked what the board’s authority is since he is new to the board. He asked if the board is
providing any feedback to the layout of the park; this is just for the board to approve the 50% credit.
Kimberly Garrett stated that is correct. Also, they have met with staff and it meets the criteria as laid
out in the parks and recreation masterplan. She stated staff does not want to hamstring the
development as they know what their development is and how they are going to market their
development. She stated this is very conceptual and they will have to submit their plans to the city for
approval. This is the general concept plan of the project. Chad Holz asked what the other side would be
if the 50% credit is not accepted. He asked if the Parks and Recreation Department would have to
submit it in the CIP budget and try to receive funding to do the park improvements. Kimberly Garrett
stated staff would have to look something that meets criteria for the park and maintain it. The
developer would dedicate land and then pay a fee for each unit then the city would have to take the
money and build what they could and maintain the park in perpetuity. The other option is they dedicate
the land, they build the improvements and the city maintains. The 3rd option they designate private
parkland, build the amenities and it is open to everyone.
Motion made by Chad Holz, second by Danelle Houck to recommend the parkland dedication proposal
for the Patterson Ranch Subdivision with up to 50% credit for parkland dedication fee and parkland
development fee.
Approved 7 – 0
H Consideration and possible action to approve minutes from the June 17, 2020 meeting - Jill
Kellum, Administrative Supervisor
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Motion made by Katherine Kainer, second by Chad Holz to approve minutes from the June 17, 2020
meeting.
Approved 7 – 0
Adjournment
Adjourn - Danelle Houck, Parks and Recreation Advisory Board Chair
Motion made by Katherine Kainer, second by Larry Gambone to adjourn the meeting.
Approved 7 – 0
The meeting adjourned at 6:46 pm.
_____________________________________
Danelle Houck, Board Chair
____________________________________
Katherine Kainer, Secretary
______________________________________
Jill Kellum, Board Liaison
These minutes were approved at the virtual meeting of September 10, 2020.
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