Brushy Creek Trails : Commercial, Large Group & Special Event Use Policy & Application

Commercial, Large Group (250) & Special Event Use Policy & Application

• Application for Commercial, Large Group (250) & Special Event Use

1.     Purpose, Findings, Application of Policy

 

a.     The purpose of this Policy is to set forth the policies of Brushy Creek Municipal Utility District (the “District”) with respect to making its park facilities available to third parties for Commercial Activities, Large Group Activities, and Special Events not sponsored or conducted by the District.

 

b.      For purposes of this Policy, the following definitions shall apply:

 

i.    A “Commercial Activity” shall be defined as any activity undertaken by a person or group on any District park or greenbelt lands as part of a commercial enterprise: (i) regardless of whether compensation is collected in connection with that activity; and (ii) regardless of whether the commercial enterprise is for-profit or not-for-profit. 

 

ii.    A “Large Group Activity” shall be defined as any activity to be conducted on any District park or greenbelt lands at which 250 or more persons potentially may be present at one time. 

 

iii.   A “Special Event” refers to an activity proposed to be undertaken on the District’s parkland or greenbelt lands that does not otherwise qualify as a Commercial Activity or Large Group Activity, but for which the District has determined that the nature of the activity requires it to be subject to the terms and conditions of this Policy. 

 

c.     The decision as to whether an activity qualifies as a “Commercial Activity”, a “Large Group Activity” or a “Special Event” for purposes of this Policy shall be made in the sole discretion of the General Manager of the District.  The General Manager’s determination may be appealed to the Board of Directors of the District.

 

d.     The Board finds that the District’s parklands and greenbelt areas exist for serving the park and recreational needs of the District and its residents, and should be made available for Commercial and Large Group Activities, and Special Events, conducted by others only upon satisfaction of the terms and conditions set forth in this Policy.  The Board of Directors of the District reserves the right to enter into an agreement with any person or group regarding the use of District parklands or greenbelt areas regardless of whether the proposed activity to be undertaken constitutes a Commercial Activity, Large Group Activity, or Special Event under this Policy. 

 

e.     This Policy shall not apply to events that are organized, sponsored, or managed by the District.  For purposes of the Policy, an event shall be considered organized, sponsored, or managed by the District if the District is responsible for planning and conducting an event. 

2.     Legal Construction of Policy, Amendments

 

a.     Neither this Policy, its adoption by the Board of Directors (the “Board”), any amendment or supplement hereto, nor any statements made during meetings or consultations shall be construed as an agreement by the District to allow Commercial or Large Group Activities, or Special Events, to be conducted within the District’s parklands.  Each proposed Commercial or Large Group Activity, and Special Event, within the District will be considered and acted upon on its own merits after taking into consideration the proposed impact of the activity on the District’s facilities;  the health, safety and welfare of other park users and surrounding property owners; and other relevant circumstances.  The District’s authorization for any Commercial or Large Group Activity, or Special Event, will be evidenced only in the form of a written contract.

 

b.      This Policy may be amended and supplemented from time to time by the District whether or not requests for use of the District’s parklands or greenbelts for Commercial or Large Group Activities, or Special Events, are pending and regardless of any contract entered into by the District relating to such activity.

3.     Legal Authority

 

a.     This Policy is being adopted pursuant to Chapters 49 and 54 of the Texas Water Code, as amended, which authorize the District to operate park facilities and to regulate privileges on lands owned or controlled by the District.

 

4.     Prohibition on Commercial Activities on District Parklands

 

a.     From and after the date of adoption of this Policy, no Commercial or Large Group Activity, or Special Event, shall be undertaken in the District’s parklands or greenbelt areas without the prior authorization of the District, which shall be set forth in the form of a contract to be entered into by the District and the person or entity seeking to engage in the Commercial or Large Group Activity, or Special Event.  The contract shall set forth the terms and conditions pursuant to which the District authorizes a specific Commercial or Large Group Activity, or Special Event, to be undertaken in the District’s parklands or greenbelt areas.  

 

5.     Notice and Acknowledgement

 

a.     The sponsor or representative of any Commercial or Large Group Activity subject to this Policy shall provide not less than 14 days notice thereof to the District so that a determination may be made as to what requirements, if any, may be applicable to the event for purposes of protecting the District’s parklands and the health, safety and welfare of park users and adjacent property owners.  In the event that such notice is not given to the District, then the District may withhold authorization for an event, or terminate an event, based upon other group’s or persons’ use of the park during the event date, the nature of the event, and other relevant circumstances.

 

6.     Unauthorized Commercial & Large Group Activity

 

a.     The General Manager of the District and his/her authorized agents are hereby authorized to take any and all necessary and reasonable actions required to terminate any unauthorized Commercial or Large Group Activity conducted within the District’s parkland.  By way of example, the District’s authorized agent may require that any person or entity engaging in an unauthorized Commercial or Large Group Activity, together with all guests and invitees, terminate the activity and leave the District’s parklands immediately.  Any person or persons that refuse to leave the parklands upon request shall be considered trespassers and shall be subject to legal action, forcible removal by peace officers, and/or criminal prosecution. 

 

b.     Any violation of a contract setting forth the terms and conditions of use of the District’s parklands shall be cause for immediate termination of the contract, in which event the Commercial or Large Group Activity shall cease immediately.  The District shall also have all remedies available at law or in equity for any such breach of contract.

 

7.     Application for Authorization

 

a.     Any person or entity seeking to engage in a Commercial or Large Group Activity within the District’s parklands must request prior authorization from the District.  In connection with making such application, the person shall submit the following information to the District:

 

i.     A description of the proposed Commercial or Large Group Activity;

 

ii.   The proposed date(s), times and location of the proposed Commercial or Large Group Activity;

 

iii.   The anticipated number of persons expected to participate in the Commercial or Large Group Activity;

 

iv.    Any other information requested by the District; and

 

v.    Proof of Liability insurance.

 

8.     Approval

 

a.     The approval of any request for authorization to conduct a Commercial or Large Group Activity, or Special Event, within the District’s parkland or greenbelt areas shall be made in the District’s sole and absolute discretion based upon consideration of all relevant facts and circumstances, including the impact of the proposed activity on the District’s parks; impact on traffic and parking; conflicts with the District’s park and recreational programming; conflicts with other park users; impact on availability of the park or greenbelt areas to the public; whether the activity may interfere with the operation and maintenance of District parklands and greenbelt areas; impact of the activity on surrounding property owners; and other considerations.

 

b.     The District reserves the sole and absolute right to deny any request for authorization to conduct a Commercial or Large Group Activity, or Special Event, on the District’s parkland or greenbelt areas, or to modify or terminate any prior authorization.

 

9.     Conditions of Authorization

 

a.     In authorizing any Commercial or Large Group Activity, or Special Event, the District may impose conditions on the proposed activity or event including, by way of example, requirements that the user secure liability insurance and name the District as an additional insured.  

 

b.     All terms and conditions of approval shall be set forth in a contract to be executed by the applicant.  Further, each Commercial or Large Group Activity shall be subject to the terms, conditions and requirements of this Policy.

 

10.  Compensation – Commercial Activity

 

a.     In recognition of the fact that the District residents and customers pay for the costs of development, improvements, operation and maintenance of the District’s parklands, any person or entity conducting a Commercial Activity generally shall be required to provide payment to the District for the privilege to conduct a Commercial Activity on the District’s parklands.

 

b.       The terms and amount of compensation shall be set forth in the contract to be entered into authorizing the Commercial Activity.  For Commercial Activities that include a charge to persons who participate in the Commercial Activity or otherwise provide payment to the enterprise, the District will generally require payment in an amount equal to ten percent (10%) of the revenues collected by the person or entity that conducts the Commercial Activity, or a lump sum amount determined by the District based on the size, nature, duration, and impact of the activity on the District’s parklands.

 

c.     For Commercial Activities that do not include the collection of any payment by persons that participate in the Commercial Activity, the contract will include a lump sum payment that must be made as a condition of approval.  In the alternative, the District may waive payment based upon the nature of the proposed activity, including whether it promotes the District’s governmental purposes and functions.

 

11.  Reservations

 

a.     The District’s pavilions may be reserved for a Commercial or Large Group Activity up to two (2) months in advance of the event.  Event organizers must call the the District to reserve a pavilion for an event and fill out the Commercial, Large Group & Special Events Use Application.

 

12.  Standard Terms and Conditions

 

a.     Availability to the General Public

 

i.    Except as otherwise agreed by the District, all District parklands and facilities shall remain available to members of the public during Commercial and Large Group Activities. 

 

b.     Cleanup

 

i.    Except as otherwise specified by the District, all Commercial and Large Group Activities shall clean up all trash and debris, and repair any damage to the District’s facilities, immediately upon conclusion of the event.

 

c.     Release, Hold Harmless and Indemnification

 

i.    All event sponsors, by signing the Commercial, Large Group & Special Events Use Policy Application, release, acquit, and forever discharge in full the District, and its individual officers, directors, employees, agents, contractors and representatives, and their respective successors, heirs, executors, legal representatives and assigns (collectively, the "Released Parties") from any and all claims, causes of action, judgments, expenses, costs, losses, obligations and other liabilities of any kind whatsoever, at law or in equity, known or unknown, which it may have against any one or more of the Released Parties for, upon or by reason of any matter, cause or thing whatsoever arising out of or in connection with the event.

 

ii.    All event sponsors, by signing the Commercial, Large Group & Special Events Use Policy Application, hereby agree and covenant not to sue or prosecute any claims against the Released Parties for, upon or by reason of any matter, cause or thing whatsoever arising out of or in connection with the event.

 

iii.   All event sponsors hereby agree to protect, indemnify, defend and hold the Released Parties free and harmless from and against any and all liabilities, losses, damages, costs, claims, expenses, liens, demands and causes of action of every kind and character occurring or anywise incident to, in connection with, or arising out of, the following:

 

a.     Breach of the foregoing covenant not to sue;

 

b.     Breach of any term or condition of this Policy; and

 

c.     Injury to any person or damage to any property as a result of, related to, arising out of, or in any way incident to, the Commercial or Large Group Activity.

 

d.     Alcoholic Beverage Consumption/Sales

 

i.    The selling of alcoholic beverages at Commercial or Large Group Activities or on District lands is specifically prohibited.  Any violation of this provision will result in the immediate closure of the event and termination of privileges.

 

ii.   Participants of the event are expected to comply with the BCMUD’s policy prohibiting excessive alcohol consumption.

 

13.  Special Conditions Applicable to Commercial and Large Group Activities

 

a.     For purposes of protecting the District’s parklands and the health, safety, and welfare of park users, the District may impose additional conditions of use upon Commercial and Large Group Activities, and Special Events.  The applicability of any such requirements will be based upon the anticipated number of persons at an event, the nature of the event, the date and time of occurrence of an event, its potential impact on the District’s park and greenbelt facilities and neighboring property owners, past experiences with the group or similar groups, and other relevant circumstances.  Upon receipt of notice of a Commercial or Large Group Activity, the District’s park staff will review the proposed event and determine which controls, if any, shall apply to the event.  Potential controls include the following:

 

                         i.    Fees

a.     The District may require a non-refundable fee for use of its Parks

 

b.     Fees will be based on participation:

a.     250-499 people: $350

b.     500-1000 people: $500

c.     1000-1500 people: $850

d.     1500-2000 people: $1000

 

c.     If an event is expecting over 500 participants, the District shall require proof from Williamson County of the Mass Gathering Permit or a letter stating that a permit is not required

 

d.     Misrepresentation of number of participants may result in forfeiture of damage deposit

 

                         ii.    Deposits

 

a.   The District may require a damage deposit for each event based upon the potential impact on District facilities. The damage deposit shall be 50% of the fee.

 

                        iii.    Duration of Event and Times of Use

 

a.     The District will specify the maximum duration of an event, along with the times of commencement and termination thereof. 

 

                        iv.    Security, Safety and Emergency Services

 

a.     The event sponsor may be required to provide one or more certified peace officers during the entire duration of the event.

 

b.   The District may require Commercial or Large Group Activity sponsors to provide one or more first aid stations and/or emergency medical technicians.

 

c.     All costs incurred under this section shall be borne by the sponsor of the event.

 

                         v.    Parking

 

a.     The District may require and enforce a parking plan to ensure proper vehicular ingress and egress.

 

                        vi.    Insurance

 

a.     The District may require Commercial and Large Group Activity sponsors to provide proof of valid comprehensive general liability insurance in which the District is named as an additional insured.

 

                       vii.    Solid Waste Plan/Portable Toilets

 

a.    The District may require that Commercial or Large Group Activity sponsors arrange for additional solid waste receptacles and/or portable toilets for the event. The standard is one toilet per 75 people.

 

                      viii.    Noise Control and Sound System Policy

 

a.     The District may require the preparation and enforcement of a Noise Plan for all amplification devices.

 

b.     In the event that any Commercial or Large Group Activity creates excessive noise or sound levels that may interfere with the use and enjoyment of property by neighbors, the District may impose sound controls at the event, or discontinue the continued use of amplification devices.

                        ix.    Electricity

a.    Electrical outlets are available throughout Cat Hollow Park. The District may require a list of items to be plugged in to each outlet.

b.     Any damage to the electrical outlets as well as the electrical box may result in loss of deposit as well as additional fees for repairs.

                                 x.    Sport Courts

a.     No equipment or vehicle is allowed on any of the District’s sports courts (tennis, basketball, volleyball, etc.).

                        xi.    Site Plan

 

a.     A site plan may be required with specific locations for:

                                                              I.  EMS stations

                                                             ii.  Stages, booths, tents, and signage

                                                            iii.  Portable toilets

                                                            iv.  Electrical plug-ins

                                                             v.  Any other information requested by the District