Regional Water System
title
Marina Lease and Use Agreement with JW Marina Development, LLC
end
SUBJECT
recommendation
Authorize execution of a Marina Lease and Use Agreement, associated easements, and subsequent Development Agreement with JW Marina Development, LLC to develop and use shoreline improvements on NTMWD property adjacent to Bois d’Arc Lake for the purposes of operating a public marina and related commercial activities.
end
PURPOSE
JW Marina, LLC is a developer that wishes to construct certain improvements and to use NTMWD property adjacent to Bois d’Arc Lake for a marina development. The NTMWD Bois d’Arc Lake Shoreline Management Plan allows for such improvements and provides that shoreline uses associated with marina developments may be authorized by separate agreements.
RECOMMENDATION
The Executive Director, NTMWD staff, and Saunders | Walsh recommend the Board of Directors authorize the Executive Director to execute a Marina Lease and Use Agreement and associated easements with JW Marina Development, LLC and the Development Agreement required by the Marina Lease and Use Agreement, as follows:
|
Contracting Party: |
JW Marina Development, LLC |
|
|
|
|
Scope: |
Marina Lease and Use Agreement and associated easements |
|
|
|
|
Amount: |
No funding requested |
|
|
|
|
Committee: |
This will be an item on the August 26, 2026, Real Estate Committee meeting agenda |
DRIVER(S) FOR THIS PROJECT
|
Strategic Objective: |
3.3 Durable Strategic Partnerships |
|
☐ 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.
• JW Marina Development LLC (the Developer) is a limited liability company registered in Texas with rights to develop certain parcels adjacent to Bois d’Arc Lake consisting of approximately 88 acres (the Property).
• NTMWD conducted a proposal solicitation process to identify and select a qualified developer to construct the first marina on Bois d’Arc Lake, which resulted in the selection of a proposed marina project by the Developer at the Property.
• The Developer’s proposal involves using a portion of the Property to construct and operate a public marina on Bois d’Arc Lake.
• The Plan provides that such improvements for a marina may be authorized through individual agreement(s).
• NTMWD and its legal counsel have developed a Marina Lease and Use Agreement to facilitate the construction of the marina facilities and the use of NTMWD property by the Developer and marina patrons.
• Access between the Property and public right-of-way is facilitated by an existing 50-foot-wide permanent access easement across NTMWD property.
• In order to facilitate public access in compliance with Fannin County requirements for streets and roads and the installation of utilities to the marina development site, it is necessary to widen the existing permanent access easement and grant new utility access easements on NTMWD property.
• NTMWD and its legal counsel have developed a Development Agreement that includes provisions for construction of marina improvements, including review and approval by NTMWD of design and construction documents.
• The Marina Lease and Use Agreement requires the Developer enter into a Development Agreement with NTMWD prior to construction activities beginning on NTMWD property.
• The Development Agreement must conform to the draft included as an attachment to this Marina Lease and Use Agreement and this action authorizes the Executive Director to enter into that supplemental agreement with the Developer.
KEY COMPONENTS OF THE MARINA LEASE AND USE AGREEMENT
• Agreement term of 50 years
o Initial term of 35 years
o Two extension options of 10 years and 5 years, respectively
• Authorizes the following construction activities and improvements:
o Approximately 15-17 floating docks consisting of ~500 slips ranging from 26-60 feet
o Marina store and restaurant
o Utility, communication and fuel lines
o Shoreline erosion control
o Wave attenuation structures
o Boat ramp and courtesy dock
o Vegetation modification within defined areas and limits
o Regrading within defined areas and limits
o Dredging below the 534’ MSL elevation in Bois d’Arc Lake within defined areas and limits
o Pedestrian walkways, parking, restrooms and day-use facilities
• Marina construction to occur in phases, with the initial phase consisting of no less than 200 slips
• Fees based on percentage of gross revenue to be paid to NTMWD during the term of the agreement
• Requirements for construction of improvements and use of NTMWD property to protect water quality, including compliance with the Plan and other minimum design standards
• Requires and authorizes execution of a supplemental Development Agreement with the Developer prior to construction activities beginning
• Includes defined areas in which the marina may operate (Lease Area)
• Authorizes modification of an existing permanent access easement to allow ingress and egress to the marina development site and compliance with Fannin County requirements for public access
• The agreement will substantially conform to the attached draft
FUNDING
No funding is requested.