Regional Water System
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First Amendment to Preliminary Development Agreement with Bois d’Arc Lake Shores LLC
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SUBJECT
recommendation
Authorize amendment of a Preliminary Development Agreement with Bois d’Arc Lake Shores LLC, a subsidiary of Texas Land and Lakes, to facilitate dredging within Bois d’Arc Lake for recreational purposes.
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PURPOSE
Bois d’Arc Lake Shores LLC is a residential property developer that is authorized to construct certain improvements on NTMWD property adjacent to Bois d’Arc Lake for its residential development called Bois d’Arc Lake Shores. To increase usability of community and shared docks in the development, Bois d’Arc Lake Shores LLC wishes to perform limited dredging within Bois d’Arc Lake. The NTMWD Bois d’Arc Lake Shoreline Management Plan allows for such dredging activities around community and shared docks if authorized by separate agreements.
RECOMMENDATION
The Executive Director and NTMWD staff recommend the Board of Directors authorize the Executive Director or their designee to execute an Amendment to the Preliminary Development Agreement with Bois d’Arc Lake Shores LLC, as follows:
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Contracting Party: |
Bois d’Arc Lake Shores LLC |
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Scope: |
First Amendment to Preliminary Development Agreement |
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Contract Term: |
5-years |
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Amendment Fee: |
$5,000 |
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Committee: |
This item was discussed at the May 21, 2025, Real Estate Committee meeting |
DRIVER(S) FOR THIS PROJECT
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Strategic Objective: |
3.2 Engaged Members, Customers and Stakeholders |
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☐ Regulatory Compliance |
☐ Asset Condition |
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☐ Capacity |
☐ Redundancy/Resiliency |
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☒ Relocation or External Requests |
☐ Operational Efficiency |
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☐ Safety |
☒ Administrative |
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☐ Policy |
☐ Other _____________ |
BACKGROUND
• Bois d’Arc Lake (the Lake is a water supply reservoir developed to meet the needs of the NTMWD’s Member Cities and Customers.
• Given the importance of the Lake as a significant public water supply source for the NTMWD, the NTMWD Board of Directors adopted Resolution No. 20-53 Authorizing the Adoption, Implementation and Enforcement of the Bois d’Arc Lake Shoreline Management Plan (the “Plan”) to protect and manage the Lake shoreline, protect and maintain water quality within the Lake, promote the safe use of the shoreline and waters by the general public, and allow for some recreational uses to support the economy of Fannin County.
• The Plan establishes guidelines and standards for public and private uses and improvements on NTMWD-owned property along the Bois d’Arc Lake shoreline.
• In December 2023, Administrative Memorandum 23-5974 authorized amendments to the Plan necessary to reflect current administrative systems and processes, updated agreement templates, and to provide additional guidance to future applicants seeking approval for certain shoreline uses and improvements.
• Texas Land and Lakes is a residential property development company that owns approximately 200 acres through its subsidiary, Bois d’Arc Lake Shores, LLC (the “Developer”).
• The Bois d’Arc Shores residential development abuts NTMWD property at Bois d’Arc Lake, and the Developer obtained authorization through a Preliminary Development Agreement to construct certain improvements on NTMWD property for use by future residents (Administrative Memorandum No. 24-6040).
• The Developer wishes to amend the Preliminary Development Agreement to allow for limited dredging within the Lake footprint to increase usability of the community and shared docks authorized by the Preliminary Development Agreement.
• The Plan provides that such dredging activities for community and shared docks may be authorized through individual agreements(s).
• NTMWD has received an amendment request from the Developer, which includes construction plans for proposed dredging activities that generally conform to the requirements of the Plan.
• This proposed amendment will modify Exhibit A of the Preliminary Development Agreement to include and authorize dredging within defined areas and limits.
• The dredging activities authorized through this amendment will generally conform to the attached draft plans.
FUNDING
No funding is requested.