Regional Water System
title
First Amendment to Preliminary Development Agreement with Bois d’Arc Lake Acquisitions, LLC
end
SUBJECT
recommendation
Authorize amendment of a Preliminary Development Agreement with Bois d’Arc Lake Acquisitions, LLC, a subsidiary of Lakewood Capital Group, to facilitate dredging within Bois d’Arc Lake for recreational purposes.
end
PURPOSE
Bois d’Arc Lake Acquisitions, LLC is a residential property developer that is authorized to construct certain improvements on NTMWD property adjacent to Bois d’Arc Lake for the Five Points and The Harbor at Five Points residential developments. To increase usability of boating access to a cove, Bois d’Arc Lake Acquisitions, LLC desires to perform limited dredging within Bois d’Arc Lake. The NTMWD Bois d’Arc Lake Shoreline Management Plan allows for such dredging if authorized by separate agreement.
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 Acquisitions, as follows:
|
Contracting Party: |
Bois d’Arc Lake Acquisitions, LLC |
|
|
|
|
Scope: |
First Amendment to Preliminary Development Agreement |
|
|
|
|
Contract Term: |
5-years |
|
|
|
|
Amendment Fee: |
$5,000 |
|
|
|
|
Committee: |
This item was discussed at the August 26, 2026, Real Estate Committee meeting |
DRIVER(S) FOR THIS PROJECT
|
Strategic Objective: |
3.2 Engaged Members, Customers and Stakeholders |
|
☐ Regulatory Compliance |
☐ Asset Condition |
|
☐ Capacity |
☐ Redundancy/Resiliency |
|
☒ Relocation or External Requests |
☐ Operational Efficiency |
|
☐ Safety |
☒ Administrative |
|
☐ 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 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 to reflect current administrative systems and processes, update agreement templates, and provide additional guidance to future applicants seeking approval for certain shoreline uses and improvements.
• Lakewood Capital Group is a residential property development company that owns approximately 186 acres through its subsidiary, Bois d’Arc Lake Acquisitions, LLC (the Developer)
• Five Points and The Harbor at Five Points residential developments abut 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. 24-6083)
• The Developer desires to amend the Preliminary Development Agreement to allow for limited dredging within the Lake footprint to increase usability of boating access to a cove for private docks.
• The Plan provides that such dredging activities may be authorized.
• 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. The developer will be responsible for all regional and local permits associated with this work.
• The proposed amendment will authorize dredging within the defined areas and limits.
The dredging activities authorized through this amendment will generally conform to the attached draft amendment and dredging plans.
FUNDING
No funding is requested.