Agenda Packet TC 02/06/2012Town Council
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom7:00 PMMonday, February 6, 2012
CALL TO ORDER AND ANNOUNCE A QUORUM
INVOCATION
PLEDGES
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
CITIZEN PRESENTATIONS
This is an opportunity for citizens to address the Council on any matter whether or not it
is posted on the agenda. The Council is not permitted to take action on or discuss any
presentations made to the Council at this time concerning an item not listed on the
agenda. The Council will hear presentations on specific agenda items prior to the
Council addressing those items. You may speak up to three (3) minutes or the time limit
determined by the Mayor or presiding officer. To speak during this item you must
complete the Speaker's form that includes the topic(s) of your statement. Topics of
presentation should be limited to matters over which the Council has authority.
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council
and will be enacted by one motion. There will not be a separate discussion of these
items. If discussion is desired, that item will be removed from the consent agenda and
will be considered separately.
1.2012-19-T Consider and take appropriate action regarding the Minutes dated January 23, 2012.
January 23 2012 Minutes.pdfAttachments:
2.2012-20-T Consider and take appropriate action regarding the Minutes dated January 26, 2012
(Special Session).
January 26 2012 Minutes.pdfAttachments:
3.2012-26-T Consider and take appropriate action regarding the First Modification to Waters Edge at
Hogan’s Glen, Phase 2B-1 Subdivider's Agreement by and between the Town and
BDMR Development, LLC, and authorizing the Mayor or her designee to execute all
necessary documents.
First Modification - WEHG Ph 2B-1 - Revised 020612.pdf
Attachment A - Kart Construction Estimates.pdf
Attachments:
Town Council Page 1 of 83 Meeting Date: February 6, 2012
February 6, 2012Town Council Meeting Agenda
REGULAR SESSION
4.2012-21-T Consider and take appropriate action to adopt the Freese and Nichols (FNI) Final
Report of Phase 1 of Trophy Club Storm Water Master Plan including phasing solutions
for public infrastructure drainage improvements.
5.2011-677-T Consider and take appropriate action regarding a Final Plat of Lot 1R, Block A, Trophy
Club Plaza being a Replat of Lot 1, Block A, Trophy Club Plaza, located on Trophy Lake
Drive between State Highway 114 and Trophy Club Drive. Applicant: Dorothy Parks on
behalf of the Property Owner: Regency Centers, L.P.
Staff Report - TC - Replat.pdfAttachments:
6.2011-675-T Consider and take appropriate action regarding a request for approval of a Temporary
Use for Off Street Parking for Model Homes in Planned Development No. 22, Waters
Edge at Hogan’s Glen for a Period of Time of Not Greater Than One Year. Applicant:
Mark Cooper, Ashton Woods Homes
Staff Report - TC 020612 - Ashton Woods.pdf
Plot Plan - Ashton Woods Parking Lot.pdf
Hogan's Glen HOA Support.pdf
Application.pdf
Attachments:
7.2012-30-T Consider and take appropriate action to terminate existing Subdivider's Agreement
between the Town and K. Hovnanian and Standard Pacific for Neighborhood 3, Phases
2B and 2C, and authorizing the Mayor or her designee to execute all necessary
documents.
SUBDIVIDER'S AGREEMENT - NH 3 Ph 2B and 2C.pdfAttachments:
8.2012-28-T Consider and take appropriate action regarding a Subdivider’s Agreement between the
Town and Standard Pacific of Texas, Inc. and K. Hovnanian Homes-DFW L.L.C. for
The Highlands at Trophy Club, Neighborhood 3, Phase 2B; and authorizing the Mayor
or her designee to execute necessary documents.
SUBDIVIDER'S AGREEMENT - NH 3 Ph 2B - Revised 020612.pdf
SUBDIVIDER'S - Attachment A - NH 3 Ph 2B.pdf
Attachments:
9.2012-29-T Consider and take appropriate action regarding a Subdivider’s Agreement between the
Town and Standard Pacific of Texas, Inc. and K. Hovnanian Homes-DFW L.L.C. for
The Highlands at Trophy Club, Neighborhood 3, Phase 2C; and authorizing the Mayor
or her designee to execute necessary documents.
SUBDIVIDER'S AGREEMENT - NH 3 Ph 2C - Revised 020612.pdf
SUBDIVIDER'S - Attachment A - NH 3 Ph 2C.pdf
Attachments:
10.2012-31-T Consider and take appropriate action regarding designating Mayor White's alternate
representative to the Emergency Preparedness Planning Council.
Appointments_ConnieWhite_TrophyClub.pdf
Alternate_Contact_FORM.pdf
Meeting_Schedule-EPPC2012.pdf
Attachments:
Town Council Page 2 of 83 Meeting Date: February 6, 2012
February 6, 2012Town Council Meeting Agenda
11.2012-23-T Town Council Liaison Updates; discussion of same:
- January 31, 2012 TCMUD No. 1 Meeting, Council member Rose
12.2012-24-T Town Manager Slye's update regarding the following; discussion of same.
- Drip Irrigation
- CPR Training
- Fuel Station
- Premier Academy
- Fire Department Grant Award
- Strategy Session
- ATMOS Notice of Intent for proposed rate increase
- May 2012 Election
FD Grant Notification.pdf
FD Grant FactSheet.pdf
Attachments:
13.2012-25-T Mayor and Council Updates regarding training opportunities, educational sessions, and
regional meetings; discussion of same.
- January 25, 2012 Denton County Mayor's Luncheon
14.2012-27-T Items for Future Agendas.
Future Agenda Items List.pdfAttachments:
ADJOURN
* The Town Council may convene into executive session to discuss posted items as
allowed by the Texas Open Meeting Act, LGC.551.071
CERTIFICATION
I certify that the above notice was posted on the front window of the Svore Municipal
Building, 100 Municipal Drive, Trophy Club, Texas, on Thursday, February 2, 2012 by
5:00 P.M. in accordance with Chapter 551, Texas Government Code.
_______________________________
Shannon DePrater, Town Secretary
If you plan to attend this public meeting and have a disability that requires special
needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in
advance, and reasonable accommodations will be made to assist you.
I certify that the attached notice and agenda of items to be considered by this Board
was removed by me from the front window of the Svore Municipal Building, 100
Municipal Drive, Trophy Club, Texas, on the __________ day of
______________________, 2012.
________________________________, Title: ___________________________
Town Council Page 3 of 83 Meeting Date: February 6, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-19-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:1/31/2012 Town Council
On agenda:Final action:2/6/2012
Title:Consider and take appropriate action regarding the Minutes dated January 23, 2012.
Attachments:January 23 2012 Minutes.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding the Minutes dated January 23, 2012.
Town Council Page 4 of 83 Meeting Date: February 6, 2012
MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, January 23, 2012 at 6:00 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, January 23,
2012. The meeting was held within the boundaries of the Town and was open to the public.
STATE OF TEXAS §
COUNTY OF DENTON §
TOWN COUNCIL MEMBERS PRESENT:
Connie White Mayor
Larry Hoover Mayor Pro Tem
Margi Cantrell Council Member
Bill Rose Council Member
Glenn Strother Council Member
Jeannette Tiffany Council Member
STAFF AND GUEST(S) PRESENT:
Mike Slye Town Manager
Stephen Seidel Assistant Town Manager
Shannon DePrater Town Secretary
Patricia Adams Town Attorney
Scott Kniffen Police Chief
Danny Thomas Fire Chief
Carolyn Huggins Community Development Director
Adam Adams Parks and Recreation Director
Michael Aguilera Financial Analyst
April Reiling PIO / Marketing Manager
Mayor White announced the date of January 23, 2012, called the Workshop Session to order and
announced a quorum at 6:04 p.m.
WORKSHOP SESSION - 6:00 P.M.
1. Discussion of "Independence of Boards, Commissions and Committees" provision of
Handbook.
Town Manager Slye stated that Council member Rose requested this item be placed on the agenda.
Section 16 of the Handbook for Elected and Appointed Officials states:
16. Independence of Boards, Commissions, and Committees
Because of the value of the independent advice of boards, commissions, committees and
advisory groups to the public decision-making process, Town officials shall refrain from using
their position to influence unduly the deliberations or outcomes of board, commission, committee,
and advisory group proceedings.
Town Manager Slye and Council discussed the roles of Council Liaisons and whether or not it would be
prudent to discontinue the use of Council Liaisons.
Town Council Page 5 of 83 Meeting Date: February 6, 2012
2
2. Discussion of what is allowed and what is not allowed in Home Businesses.
Community Development Director Huggins referred to Chapter 13, Section 5.11 “Home Occupations” of
the Code of Ordinances. Ms. Huggins pointed out that the Town’s regulations mirror surrounding cities’
regulations.
Council member Strother arrived at 6:30 p.m.
Council discussed home businesses and the current regulations.
3. Discussion of agenda items posted for consideration on the Regular Session Council Agenda
for January 23, 2012.
4. Discussion of proposed agenda items for the February 6, 2012 Regular Session Agenda.
Mayor White called a short break.
CONVENE INTO REGULAR SESSION - ESTIMATED START TIME – 7:00 P.M.
The Invocation was offered by Parks and Recreation Director Adam Adams.
The Pledges were led by Community Development Director Carolyn Huggins.
5. Recognition of Ted Neidenberger, Council Member (1985).
Mayor White called for a Moment of Silence in honor of Former Council member Ted Neidenberger.
CITIZEN PRESENTATIONS
This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the
agenda. The Council is not permitted to take action on or discuss any presentations made to the Council
at this time concerning an item not listed on the agenda. The Council will hear presentations on specific
agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the
time limit determined by the Mayor or presiding officer. To speak during this item you must complete the
Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to
matters over which the Council has authority.
No citizens addressed the Council.
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be
enacted by one motion. There will not be a separate discussion of these items. If discussion is desired,
that item will be removed from the consent agenda and will be considered separately.
Council member Rose requested that agenda item 6 be removed from the Consent Agenda.
7. Consider and take appropriate action regarding the Minutes dated January 16, 2012
(Workshop Session).
Town Council Page 6 of 83 Meeting Date: February 6, 2012
3
8. Consider and take appropriate action regarding granting a Special Privilege Request to the
Trophy Club Women’s Club to hold two Community Garage Sale Events in 2012. Applicant:
Sally Freeman on behalf of Trophy Club Women’s Club.
Motion made by Council member Cantrell, seconded by Council member Tiffany, to approve the Consent
Agenda items 7 and 8 as presented. Motion carried unanimously.
6. Consider and take appropriate action regarding the Minutes dated January 9, 2012.
Motion made by Council member Rose, seconded by Council member Cantrell, to approve the Consent
Agenda items 6 as amended. Motion carried unanimously.
The Town Council convened into Public Hearing at 7:10 p.m.
PUBLIC HEARING
9. Public Hearing regarding an increase in Stormwater Drainage fees to help fund costs of public
infrastructure drainage improvements of Phase 1 of Trophy Club Storm Water Master Plan.
Town Manager Slye welcomed Trey Shanks and Kelly Dillard from Freese and Nichols. Mr. Shanks
explained the process of the study and addressed the proposal for the new storm drainage rate
adjustment. Mr. Shanks addressed questions from the Council.
No residents addressed the Council
Presentation included in the minutes.
10. Public Hearing regarding an Amendment to Ordinance No. 1999-17 P&Z, Planned Development
No. 21 (PD-21), Plaza Shopping Center, to allow a fuel station as a permitted use. Applicant:
Regency Centers, L.P. on behalf of Tom Thumb Grocery Store. (PD AMD-11-038)
Ms. Dorothy Parks, Regency Centers provided the Council with a short presentation asking for a fuel
station in the Plaza Shopping Center.
Community Development Director Huggins stated Staff is requesting Council, to approve the fuel station
as an Accessory structure. Ms. Huggins also stated that the Planning & Zoning Commission is
recommending that the station be manned at all times it is open; Staff and Regency is asking Council to
be more lenient and allow the station not be required to be manned at all times.
Mayor White stated that a letter against the fuel station was received by Mrs. John Lewis, 2 Shasta Drive.
Planning & Zoning Chairman Hill made the following statement to Council:
The Planning and Zoning Commission heard this item on January 5, 2012 and recommended the Council
amend PD-21, Plaza Shopping Center, to allow a fuel station as a permitted use, limiting the sales to fuel
only, require a manned station, and specifying pd-21 be limited to 6 buildings maximum density on the pd
site. Regency has requested that the council consider approval without the requirement that the kiosk
be manned at all times. The recommendation motion to approve passed by a unanimous vote of 6-0 with
Commissioner Richert absent.
No residents addressed the Council
Presentation included in the minutes.
Town Council Page 7 of 83 Meeting Date: February 6, 2012
4
The Town Council reconvened into Regular Session at 7:41 p.m.
REGULAR SESSION
11. Consider and take appropriate action regarding an Ordinance of the Town of T rophy Club,
Texas repealing Article V entitled “Stormwater Drainage Fees” of Chapter 11 entitled “Public
Works” of the Code of Ordinances of the Town and adopting a new Article V entitled
“Stormwater Drainage Fees” of Chapter 11 entitled “Public Works” of the Code of Ordinances;
providing for the incorporation of premises; providing for amendments for Article V to
increase Stormwater Drainage Utility Fees imposed to construct, operate, and maintain a
stormwater drainage utility system within the Town; providing a cumulative repealer clause;
providing a severability clause; providing a savings clause; providing a penalty not to exceed
the sum of two thousand dollars ($2,000.00) for each offense and a separate offense shall be
deemed committed each day during or on which a violation occurs or continues; providing for
publication; providing for engrossment and enrollment; and providing an effective date.
Town Manager Slye shared there are several issues that need to be addressed before Council can take
action on this Ordinance, including:
1. Rate Adjustment
2. Exemptions and rate caps
3. Effective Date
Motion made by Council member Strother, seconded by Council member Hoover, to approve Ordinance
2012-01 of the Town of Trophy Club, Texas repealing Article V entitled “Stormwater Drainage Fees” of
Chapter 11 entitled “Public Works” of the Code of Ordinances of the Town and adopting a new Article V
entitled “Stormwater Drainage Fees” of Chapter 11 entitled “Public Works” of the Code of Ordinances;
providing for the incorporation of premises; providing for amendments for Article V to increase Stormwater
Drainage Utility Fees imposed to construct, operate, and maintain a stormwater drainage utility system
within the Town; providing a cumulative repealer clause; providing a severability clause; providing a
savings clause; providing a penalty not to exceed the sum of two thousand dollars ($2,000.00) for each
offense and a separate offense shall be deemed committed each day during or on which a violation
occurs or continues; providing for publication; providing for engrossment and enrollment; and providing an
effective date of July 1, 2012. Motion carried unanimously.
12. Consider and take appropriate action to approve an Amendment to Ordinance No. 1999-17
P&Z, Planned Development No. 21 (PD-21), Plaza Shopping Center, to allow a fuel station as a
permitted use.
Motion made by Council member Rose, seconded by Council member Cantrell, to approve Ordinance
2012-02 removing the requirement that the facility be manned at all times when it is open. Council
member Rose clarified his motion that Section 2.04 A.1.(1) be amended to read:
(i) Fuel Station Accessory Use Regulations. A Fuel Station shall only be allowed on Tract 1 and shall only
be allowed as an accessory use to a Grocery Store or other anchor type use. Only the sale of fuel shall
be allowed.
Motion carried unanimously.
13. Consider and take appropriate action regarding parkland dedication for the Canterbury Hills
and Waters Edge subdivisions.
Town Manager Slye explained that this item is to either accept the proposed properties in lieu of the five
acres of parkland or reject those properties and inform the Developer what the Council prefers.
Town Council Page 8 of 83 Meeting Date: February 6, 2012
5
Developer Mehrdad Moayedi, Centurion American, gave a brief history of the issue and what he is willing
to provide for parkland dedication – road improvements, water and sewer, plus a driveway or money in
lieu of land.
The following individuals addressed the Council:
• Kathy Trotter, 310 Skyline – spoke in favor of park entrance
• Janice Bailey, 4915 TW King Road, Southlake – spoke against park entrance development
• Margaret Steele, 5000 TW King Road, Southlake – spoke against park entrance development
• Larry Lentzner, 303 Ridge View Lane – gave brief history of park concept plan
• Jason Steele, 5000 TW King Road, Southlake – spoke against park entrance development
• Ellen Linn, 517 Clear Vista Drive – spoke against park entrance development
• Sandra Adran, 2228 Galloway Boulevard – did not speak
• Richard Goodwin, 512 Clear Vista Drive – concerned about drainage on the concept plan
• Steve Gregory, 205 Pebble Beach – supports the acceptance of the three lots
• Larry Lentzner, 303 Ridge View Lane – supports the acceptance of the three lots
• Tom Mills, 113 Creek Courts – clarified that the park is accessible from different areas
Motion made by Council member Cantrell, seconded by Council member Tiffany, to approve the parkland
dedication or Canterbury Hills and Water Edge subdivisions as presented. Motion carried 4:2:0 with
Mayor White and Council members Tiffany, Cantrell and Hoover voting for and Council members Rose
and Strother voting against.
14. Consider and take appropriate action approving an Ordinance repealing Ordinance 1999-15 in
order to abandon the land that was dedicated as a road easement for the extension of Indian
Creek Drive and Trophy Club Drive; accepting the dedication of a road easement dedicated for
the extension of Indian Creek Drive; abandoning all of its interest, whether obtained through
dedication, ownership, or otherwise; and providing an effective date.
Community Development Director Carolyn Huggins explained the reason for this item. The roads need to
be moved for development, causing the current easements to be invalid; thus the Town needs to repeal
Ordinance 1995-15.
Motion made by Council member Rose, seconded by Council member Strother, to approve Ordinance
2012-03 repealing Ordinance 1999-15 in order to abandon the land that was dedicated as a road
easement for the extension of Indian Creek Drive and Trophy Club Drive; accepting the dedication of a
road easement dedicated for the extension of Indian Creek Drive; abandoning all of its interest, whether
obtained through dedication, ownership, or otherwise; and providing an effective date. Motion carried
unanimously.
15. Consider and take appropriate action regarding approval of a Final Plat for Neighborhood 6,
Phase 2F (7.722 acres) located in The Highlands at Trophy Club, R. Allen Survey, Abstract No.
5 and Abstract No. 17.
A. Consider and take appropriate action regarding a Subdivider's Agreement between the
Town and High Trophy Development, LP for Neighborhood 6, Phase 2F.
Planning & Zoning Chairman Hill made the following statement to Council:
On January 5, 2012 the Commission heard a request from a representative of High Trophy Development,
LLC, for approval of a Final Plat for Lots 1-26, Block DD, Neighborhood J6, Phase 2F, consisting of 22
residential lots and 4 open space lots. The Commission recommended approval to the Town Council by a
unanimous vote of 6-0 (Commissioner Richert absent).
Town Council Page 9 of 83 Meeting Date: February 6, 2012
6
Motion made by Council member Strother, seconded by Council member Rose, to approve the Final Plat
for Neighborhood 6, Phase 2F (7.722 acres) located in The Highlands at Trophy Club, R. Allen Survey,
Abstract No. 5 and Abstract No. 17. Motion carried unanimously
Motion made by Council member Strother, seconded by Council member Rose, to approve a Subdivider’s
Agreement between the Town and High Trophy Development. Motion carried unanimously.
16. Consider and take appropriate action regarding financial and variance report dated November
2011.
17. Consider and take appropriate action regarding financial and variance report dated December
2011.
Motion made by Council member Cantrell, seconded by Council member Tiffany, to approve financials
dated November and December 2011 as presented. Motion carried unanimously.
18. Town Council Liaison Updates; discussion of same:
- December 13, 2011 Parks and Recreation Board Meeting, Council member Tiffany
- December 20, 2011 TCMUD No. 1 Meeting, Council member Rose
- January 5, 2012 EDC 4B Meeting, Council member Hoover
- January 10, 2012 Parks and Recreation Board Meeting, Council member Tiffany
- January 12, 2012 TCMUD No. 1 (Special Session) Meeting, Council member Rose
Town Council Liaisons updated the Council and addressed questions. No action taken, update only.
19. Town Manager Slye's update regarding the following; discussion of same.
- Incode Implementation Schedule
- Water Tower Project
- May 2012 Election and Schedule
- Citizens Financial Advisory Board
- Transportation Projects
- Personnel
Town Manager Slye updated the Council and addressed questions. No action taken, update only.
20. Mayor and Council Updates regarding training opportunities, educational sessions, and
regional meetings; discussion of same.
- December 14, 2011 Northwest Communities Partnership Meeting
- December 14, 2011 SH-114 Stakeholders Luncheon
- December 15, 2011 Denton Precinct 4 Meeting
- January 11, 2012 Northwest Communities Partnership Meeting
- January 17, 2012 Hampton Inn Groundbreaking
- January 18, 2012 I-35W Coalition Meeting
- January 19, 2012 Metroport Cities Partnership Meeting
Mayor White and Council members gave a brief update of the meetings they attended since the last
Council meeting. No action taken, update only.
Town Council Page 10 of 83 Meeting Date: February 6, 2012
7
21. Items for Future Agendas.
1. Consider and take appropriate action regarding procurement policies and their alignment with State
statutes. (Rose, 2/1/10)
2. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and
Production (Rose, 4/26/10)
3. Staff proposal regarding the amenity lakes, including associated costs to accept the amenity lakes
from the developer. (Stotts, 10/4/10)
4. Explore the feasibility of combining the EDCs and improved ways of expending EDC funds.
(Strother, 2/24/2011)
5. Consider and take appropriate action regarding the creation of a “Going Green” initiative throughout
the Town. (White, 2/24/2011)
6. Consider and take appropriate action regarding updates to the Sign Ordinance (retail windows and
political signs) (White and Cantrell, 5/2/2011)
7. Consider and take appropriate action regarding ball park signage. (Cantrell, 6/6/2011)
8. Consider and take appropriate action regarding a Golf Cart Community. (Tiffany, 6/6/2011)
9. Rewrite of Handbook for Elected and Appointed Officials, with projected completion date of
February 15, 2012. (Rose/Slye, 8/15/11)
10. Consider and take appropriate action regarding splash pad options at Harmony Park, including
input/direction from Council to Staff to start construction and have available next summer. (Strother,
8/1/2011)
11. Consider and take appropriate action regarding the Town’s park space located just north of the new
ball fields at the corner of Parkview and Bobcat Boulevard to investigate whether or not it would be
beneficial to place on the ballot, for citizens approval, to sale and rezone as commercial and provide
the proceeds towards other parks and recreation needs. (Cantrell, 9/12/2011)
12. Consider and take appropriate action regarding the possibility of erecting a marquee at the North
entrance of the Town and asking the MUD and/or developers to help with the funding. (Cantrell,
11/14/2011)
Town Manager Slye asked Council member Rose to extend the deadline for Item 9.
No changes were made to the list of future agenda items.
ADJOURN
Motion made by Council member Cantrell seconded by Council member Tiffany to adjourn. Motion
carried unanimously. Meeting adjourned at 10:37 p.m.
___________________________________ ___________________________________
Shannon DePrater, Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Page 11 of 83 Meeting Date: February 6, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-20-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:1/31/2012 Town Council
On agenda:Final action:2/6/2012
Title:Consider and take appropriate action regarding the Minutes dated January 26, 2012 (Special
Session).
Attachments:January 26 2012 Minutes.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding the Minutes dated January 26, 2012 (Special Session).
Town Council Page 12 of 83 Meeting Date: February 6, 2012
MINUTES FROM SPECIAL SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: BYRON NELSON HIGH SCHOOL
STUDENT UNION, 2775 BOBCAT BOULEVARD, TROPHY CLUB, TEXAS
Thursday, January 26, 2012 at 7:00 P.M.
The Town Council of the Town of Trophy Club, Texas, met in a Special Session on Thursday, January
26, 2012. The meeting was held within the boundaries of the Town and was open to the public.
STATE OF TEXAS §
COUNTY OF DENTON §
TOWN COUNCIL MEMBERS PRESENT:
Connie White Mayor
Larry Hoover Mayor Pro Tem
Margi Cantrell Council Member
Bill Rose Council Member
Glenn Strother Council Member
Jeannette Tiffany Council Member
STAFF AND GUEST(S) PRESENT:
Mike Slye Town Manager
Stephen Seidel Assistant Town Manager
Shannon DePrater Town Secretary
Patricia Adams Town Attorney
Carolyn Huggins Community Development Director
April Reiling PIO / Marketing Manager
Scott Beck Developer
Bill Dahlstrom Attorney for Developer
Mike Twichell Architect for Developer
Scott Polikov Gateway Planning
Mayor White announced the date of January 26, 2012, called the Special Session to order and
announced a quorum at 7:13 p.m.
SPECIAL SESSION - 7:00 P.M.
The Invocation was offered by Mayor Pro Tem Hoover.
The Pledges were led by Council member Cantrell.
The Town Council convened into Public Hearing at 7: 15 p.m.
PUBLIC HEARING
1. Public Hearing regarding a request for a zoning change for a 26.354 acre tract of land located
at the northeast corner of State Highway 114 and Trophy Club Drive, from the current zoning
of "PO" Professional Office and "CR" Commercial Recreation to a Planned Development "PD-
30" mixed use of multi-family, retail, professional and recreational type uses. Applicant:
Jackson Walker, L.L.P. on behalf of JSB Properties, L.P.
Town Council Page 13 of 83 Meeting Date: February 6, 2012
The following addressed the Council:
• Danny Mayer, 2201 Prestwick – Against Zoning Change Request
• Steve Palla, 501 Glenwick Court – For Zoning Change Request
• Jim Parrow, 8 Brookfield Court – Against Zoning Change Request
• Susan Kimball, 3 Avalon Drive – Against Zoning Change Request
• Chris Bailey, 201 Durango Drive – Passed – did not speak
• Sally Freeman, 2 Katie Lane – For Zoning Change Request
• Gene Hill, 11 Cypress Court – Against Zoning Change Request
• Larry Mundy, 8 Brook Hollow Lane – Against Zoning Change Request
• Peggy Sweeney, 51 Meadow Brook Lane – Against Zoning Change Request
• Bill Matthai, 500 Indian Creek Drive – Against Zoning Change Request
• Victoria Aaron – 533 Indian Creek Drive – Against Zoning Change Request
• Dennis Sheridan, 1 Hillcrest Court – Against Zoning Change Request
• Lia Sternberger, 24 Monterey Drive – For Zoning Change Request
• Lisa Hennessy, 45 Panorama Circle – Against Zoning Change Request
• Ron Morgan, 2 Brook Hollow Lane – For Zoning Change Request
• Larry Lentzner, 303 Ridgeview Lane – For Zoning Change Request
• Michelle Reed, 10 Katie Lane – Against Zoning Change Request
• Christina Pearlman, 6 Hamper Court – Against Zoning Change Request
• Terry Thomas, 23 Hillcrest Court – Against Zoning Change Request
• Linda Grey, 11 Jennifer Court – Against Zoning Change Request
• LC Crowley, 410 Lakewood Drive – Against Zoning Change Request
• Marc Goguen, 213 Ridgeview Lane – For Zoning Change Request
• Dave Edstrom, 269 Oak Hill Drive – Against Zoning Change Request
• Dean Murray, 505 Glen Hurst Court – For Zoning Change Request
• Kim Perryman, 123 Summit Cove – Against Zoning Change Request
• Joel Quile, 350 Quorum – Against Zoning Change Request
• Kathy Trotter, 310 Skyline – For Zoning Change Request
• Richard Goodwin, 519 Glen Vista Drive – Against Zoning Change Request
• Micah Hildenbrand, 306 Eagles Court – Against Zoning Change Request
• JD Harrison, 1106 Wilshire Drive – For Zoning Change Request
• Barbara Moss, 27 West Hillside Place – Against Zoning Change Request
• Matt Edwards, 307 Parkview Drive – did not speak
• Kathy Carlton, 226 Phoenix Drive – For Zoning Change Request
• Justin Springfield, 300 Madeline Cove – For Zoning Change Request
• Daryl Windland, 121 Pebble Beach Drive – For Zoning Change Request
• Paul D Van Gorp, 400 Skyline Drive – Against Zoning Change Request
• Wendie Bailey, 201 Durango – Against Zoning Change Request
• Clint Schroeder, 2624 Kingsford Lane – Against Zoning Change Request
• Nick Sanders, 7 Hayes Court – Against Zoning Change Request
• Matt Fenton, 15 Jamie Court – Against Zoning Change Request
• JD Stotts, 222 Oakmont Drive – For Zoning Change Request
Mayor White closed the Public Hearing at 10:08 p.m.
Mayor White called a short break.
The Town Council reconvened into Special Session at 10:31 p.m.
Town Council Page 14 of 83 Meeting Date: February 6, 2012
SPECIAL SESSION
2. Consider and take appropriate action regarding a zoning change request for a 26.354 acre
tract of land located at the northeast corner of State Highway 114 and Trophy Club Drive, from
the current zoning of "PO" Professional Office and "CR" Commercial Recreation to a Planned
Development "PD-30" mixed use of multi-family, retail, professional and recreational type
uses. Applicant: Jackson Walker, L.L.P. on behalf of JSB Properties, L.P.
Scott Polikov, Gateway Planning, provided an overview of the proposed PD-30 document from the
standpoint of a third party developer. His recommendation was that the proposed document provided the
Town protection and control of the development regardless of who might actually build the project.
Town Manager Slye gave an overview of how the document has changed since the Town Hall Meeting,
on Tuesday, January 24, 2012.
Council discussed the proposed document, going page by page, allowing each council member to ask
questions of Staff or the Developer.
Mayor White called a short break and reconvened into Special Session at 12:28 a.m.
Council continued their discussion of the proposed document.
Motion made by Council member Cantrell, seconded by Council member Tiffany, to approve a zoning
change request for a 26.354 acre tract of land located at the northeast corner of State Highway 114 and
Trophy Club Drive, from the current zoning of "PO" Professional Office and "CR" Commercial Recreation
to a Planned Development "PD-30" mixed use of multi-family, retail, professional and recreational type
uses as amended at the meeting tonight.
Clint Schroeder, 2624 Kingsford Lane addressed the Council; stating his reasons why he is against the
zoning change request.
Motion carried 5:1:0 with Mayor White and Council members Tiffany, Cantrell, Hoover and Strother voting
for and Council member Rose voting against.
ADJOURN
Motion made by Council member Cantrell seconded by Council member Tiffany to adjourn. Motion
carried unanimously. Meeting adjourned at 1:52 a.m.
__________________________________ ___________________________________
Shannon DePrater, Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Page 15 of 83 Meeting Date: February 6, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-26-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/31/2012 Town Council
On agenda:Final action:2/6/2012
Title:Consider and take appropriate action regarding the First Modification to Waters Edge at Hogan’s
Glen, Phase 2B-1 Subdivider's Agreement by and between the Town and BDMR Development, LLC,
and authorizing the Mayor or her designee to execute all necessary documents.
Attachments:First Modification - WEHG Ph 2B-1 - Revised 020612.pdf
Attachment A - Kart Construction Estimates.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding the First Modification to Waters Edge at Hogan’s Glen, Phase 2B-1
Subdivider's Agreement by and between the Town and BDMR Development, LLC, and authorizing the Mayor or her
designee to execute all necessary documents.
EXPLANATION:
On October 3, 2011, Council approved the Final Plat and Subdivider’s Agreement for Waters Edge at Hogan’s Glen,
Phase 2B-1. At that time, the approved construction estimates for the public improvements totaled $198,951.21. This
total included “paving”, which should not have been included as the streets in this gated subdivision are private and will
be maintained by the Homeowners Association (HOA). The construction estimate should be reduced by $113,910.35,
the cost of paving.
The attached modification to the Subdivider’s Agreement changes the estimate of the public improvements from
$198,951.21 to $85,040.86.
TOWN COUNCIL GOAL(S):
Goal #5: Financial and Operational Stewardship
Develop, recognize, and retain quality staff
Implement strong financial management standards
Improve effectiveness and efficiency of operational processes
Maintain / Improve infrastructure and assets
Provide cost-effective services
Deliver responsible customer service
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Approve the Modification to Subdivider’s Agreement, Waters Edge at Hogan’s Glen, Phase 2B-1, to reflect the correct
construction estimates for the public improvements.
Town Council Page 16 of 83 Meeting Date: February 6, 2012
THE STATE OF TEXAS §
§
§
§
COUNTY OF DENTON §
First Modification of Waters Edge
at Hogan’s Glen Phase 2B-1
Subdivider’s Agreement
Between the Town of Trophy Club,
Texas, and BDMR Development, LLC
THIS the First Modification of the AGREEMENT between the Town of Trophy
Club, Texas (hereinafter referred to as the "TOWN") and BDMR Development, LLC,
acting by and through its duly authorized representative (hereinafter referred to as the
"DEVELOPER"), and entitled “Waters Edge at Hogan’s Glen, Phase 2B-1 Subdivider’s
Agreement” for the installation of public improvements and facilities within the TOWN
limits of Trophy Club, Texas, for Waters Edge at Hogan’s Glen, Phase 2B-1 is made
and entered into on this the _____ day of ____________, 2012, by and between
TOWN and DEVELOPER (hereinafter “First Modification”).
W I T N E S S E T H :
WHEREAS, TOWN and DEVELOPER entered into the Waters Edge at Hogan’s Glen,
Phase 2B-1 Subdivider’s Agreement on or about January 20, 2012 for the
installation of certain public improvements in Waters Edge at Hogan’s
Glen, Phase 2B-1 (hereinafter “Agreement”); and
WHEREAS, In January, 2012, the parties determined it necessary to modify the
Agreement in order to revise its terms as expressly set forth herein; and
WHEREAS, TOWN and DEVELOPER find such modifications as specifically set forth
in this First Modification to be necessary and to reflect their agreements
and do further understand and agree that all other terms of the Agreement
not expressly modify by this First Modification shall remain the same;
NOW THEREFORE, IN CONSIDERATION of the foregoing, and for other good and
valuable consideration, the parties hereto agree as follows:
I.
Incorporation of Agreement
The Agreement is incorporated herein as if written word for word. Except as
specifically provided below, all other terms and conditions of the Agreement shall
remain unchanged and shall remain in full force and effect. In the event of any conflict
or inconsistency between the provisions set forth in this First Modification and the
Agreement, priority of interpretation shall be in the following order: First Modification;
Agreement.
Town Council Page 17 of 83 Meeting Date: February 6, 2012
II.
Modification of Agreement
2.01 Modification of Section I “General Requirements”, Subsection I. Effective
as of the day and year first written above, Subsection “I” of Section I entitled “General
Requirements” of the Agreement entitled “General Requirements” is hereby modified so
that the Subsection “I” shall be and read in its entirety as follows and all other Sections
and Subsections of the Agreement shall remain the same:
I. The DEVELOPER’S Engineer has prepared detailed estimates of
$85,040.86 and the TOWN Engineer has approved an estimate of
$228,902.56 for the cost of public improvements and facilities for this
Project. The detailed cost estimates are a part of this AGREEMENT and are
attached hereto as “Attachment A” and incorporated herein. The TOWN
shall not accept any construction improvements outside of the Project and
the two (2) year warranty for such improvements shall not commence until all
construction activities are completed and accepted by the TOWN.
IN WITNESS WHEREOF, this First Modification shall become effective after approval
of the Town Council and after execution of this First Modification by each of the parties
hereinto in accordance with the law.
TOWN OF TROPHY CLUB, TEXAS
Date: ______________
Connie White, Mayor
Town of Trophy Club, Texas
ATTEST: APPROVED AS TO FORM:
Shannon DePrater, Town Secretary Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas Town of Trophy Club, Texas
DEVELOPER:
BDMR Development, LLC
Date: ______________
Date: ______________
Project Manager
Town Council Page 18 of 83 Meeting Date: February 6, 2012
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Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-21-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/31/2012 Town Council
On agenda:Final action:2/6/2012
Title:Consider and take appropriate action to adopt the Freese and Nichols (FNI) Final Report of Phase 1
of Trophy Club Storm Water Master Plan including phasing solutions for public infrastructure drainage
improvements.
Attachments:
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action to adopt the Freese and Nichols (FNI) Final Report of Phase 1 of Trophy Club
Storm Water Master Plan including phasing solutions for public infrastructure drainage improvements.
EXPLANATION:
FNI presented preliminary results of Phase 1 of the Storm Water Drainage Study to Council in August 2011 and is now
ready to present the final report to Council.
TOWN COUNCIL GOAL(S):
Goal #4: Picturesque and Environmentally Sound
Maintain neat and tidy appearance
Improve property maintenance standards and code enforcement
Develop / Enhance environmental and sustainability standards and programs
Goal #5: Financial and Operational Stewardship
Hire, develop, and retain quality staff
Implement strong financial management standards
Improve effectiveness and efficiency of operational processes
Maintain / Improve infrastructure and assets
Provide cost-effective services
Deliver responsible customer service
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Staff requests discussion from Council regarding the direction they wish to proceed with solutions for Phase 1 of the
Storm Water Drainage Plan.
Town Council Page 20 of 83 Meeting Date: February 6, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-677-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/15/2012 Town Council
On agenda:Final action:2/6/2012
Title:Consider and take appropriate action regarding a Final Plat of Lot 1R, Block A, Trophy Club Plaza
being a Replat of Lot 1, Block A, Trophy Club Plaza, located on Trophy Lake Drive between State
Highway 114 and Trophy Club Drive. Applicant: Dorothy Parks on behalf of the Property Owner:
Regency Centers, L.P.
Attachments:Staff Report - TC - Replat.pdf
Action ByDate Action ResultVer.
Planning & Zoning Commission1/19/2012 1
TITLE
Consider and take appropriate action regarding a Final Plat of Lot 1R, Block A, Trophy Club Plaza being a Replat of Lot
1, Block A, Trophy Club Plaza, located on Trophy Lake Drive between State Highway 114 and Trophy Club Drive.
Applicant: Dorothy Parks on behalf of the Property Owner: Regency Centers, L.P.
EXPLANATION:
The applicant, Regency Centers, L.P., is requesting approval of a Replat of Lot 1, Block A, Trophy Club Plaza. The
purpose of the replat is to dedicate right-of-way for construction of a roundabout at Trophy Lake and Trophy Club Drive
intersection. A utility easement has also been added beside the right-of-way to potentially move a water line in
association with the roundabout construction.
TOWN COUNCIL GOAL(S):
Goal # 3: Strong Partnerships and Community Involvement
Create a positive regional identity
Foster a well informed community
Forge collaborative relationships with other governmental and public entities
Support citizen volunteer opportunities
Promote recreational / active lifestyle opportunities for all ages
Goal #4: Healthy, Picturesque, and Environmentally Sound
Promote recreational / active lifestyle opportunities for all ages
Maintain neat and tidy appearance
Improve property maintenance standards and code enforcement
Develop / Enhance environmental and sustainability standards and programs
Goal #5: Financial and Operational Stewardship
Develop, recognize, and retain quality staff
Implement strong financial management standards
Improve effectiveness and efficiency of operational processes
Maintain / Improve infrastructure and assets
Provide cost-effective services
Deliver responsible customer service
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
The Town Staff and Town Engineer have reviewed the plat and determined that it complies with Town ordinances and
regulations as well as the obligations outlined in PD-21. Staff recommends approval.
The Planning and Zoning Commission heard this request on January 19, 2012 and by a unanimous vote recommended
Town Council Page 21 of 83 Meeting Date: February 6, 2012
File #: 2011-677-T, Version: 1
approval.
Town Council Page 22 of 83 Meeting Date: February 6, 2012
TOWN COUNCIL
February 6, 2012
SUBJECT: Consider and take appropriate action to approval a Final Plat of
Lot 1R, Block A, Trophy Club Plaza being a Replat of Lot 1,
Block A, Trophy Club Plaza, located on Trophy Lake Drive
between State Highway 114 and Trophy Club Drive. Applicant:
Dorothy Parks on behalf of the property owner, Regency
Centers, L.P.
CASE SUMMARY: The applicant, Regency Centers, L.P., is requesting approval of a
Replat of Lot 1, Block A, Trophy Club Plaza. The purpose of the replat is to dedicate
right-of-way for construction of a roundabout at Trophy Lake and Trophy Club Drive
intersection. A utility easement has also been added beside the right-of-way to
potentially move a water line in association with the roundabout construction.
CURRENT ZONING: The site is currently zoned Planned Development No. 21 (PD-21).
The zoning and PD concept plan for this site were approved in July 1999.
COMPREHENSIVE LAND USE PLAN: This site is located within the area identified on
the Comprehensive Land Use Plan for Commercial/Professional uses.
STAFF REVIEW: The Town Staff and Town Engineer have reviewed the plat and
determined that it complies with Town ordinances and regulations as well as the
obligations outlined in PD-21.
STAFF RECOMMENDATION: Staff recommends approval of RP-11-018, a replat of
Lot 1, Block A into Lot 1R, Block A, Trophy Club Plaza.
PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission
heard this request on January 19, 2012, and by a unanimous vote recommended
approval of the replat.
Town Council Page 23 of 83 Meeting Date: February 6, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-675-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/11/2012 Town Council
On agenda:Final action:2/6/2012
Title:Consider and take appropriate action regarding a request for approval of a Temporary Use for Off
Street Parking for Model Homes in Planned Development No. 22, Waters Edge at Hogan’s Glen for a
Period of Time of Not Greater Than One Year. Applicant: Mark Cooper, Ashton Woods Homes
Attachments:Staff Report - TC 020612 - Ashton Woods.pdf
Plot Plan - Ashton Woods Parking Lot.pdf
Hogan's Glen HOA Support.pdf
Application.pdf
Action ByDate Action ResultVer.
Planning & Zoning Commission1/19/2012 1
TITLE
Consider and take appropriate action regarding a request for approval of a Temporary Use for Off Street Parking for
Model Homes in Planned Development No. 22, Waters Edge at Hogan’s Glen for a Period of Time of Not Greater Than
One Year. Applicant: Mark Cooper, Ashton Woods Homes
EXPLANATION:
Ashton Woods Homes is requesting permission to build a parking lot which will provide parking for customers and
employees for the Ashton Woods model homes located in Waters Edge at Hogan’s Glen subdivision. The parking lot is
to be located on Lot 11, Block L, which carries the address of 5 Reading Ct.
TOWN COUNCIL GOAL(S):
Goal #2: Business-Friendly Economic Development
Create effective working relationships with businesses and developers
Retain / Develop existing businesses
Promote new commercial opportunities
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
The Town Planner and Building Official reviewed the request for compliance with Town standards and staff recommends
approval of the parking lot for the Ashton Woods model homes within the gated community of Hogan’s Glen.
The Planning and Zoning Commission reviewed this request on January 19, 2012 and recommended approval by a
unanimous vote of 7-0.
Town Council Page 24 of 83 Meeting Date: February 6, 2012
SUBJECT: Consider and take appropriate action to regarding a
request to approve a Temporary Use for Off Street Parking
for Model Homes in Planned Development No. 22, Waters
Edge at Hogan’s Glen for a Period of Time of Not Greater
Than One Year. Applicant: Ashton Woods Homes
Ashton Woods Homes is requesting permission to build a parking lot which will
provide parking for customers and employees for the Ashton Woods model
homes located in Waters Edge at Hogan’s Glen subdivision. The parking lot is to
be located on Lot 11, Block L, which carries the address of 5 Reading Ct.
This type of use is regulated under Chapter 13 – Zoning Ordinance, Article V
Supplementary District Regulations, Section 5.01 Temporary Uses:
A. Permitted Uses: The following uses, which are classified as
temporary uses, may be permitted for a period of time by the
Town Council, after recommendation by the Planning and
Zoning Commission. Said period of time shall be determined at
the time of approval but shall not exceed the time limit for
selected uses as provided herein.
…
14. Off street parking for Model Homes in residential districts,
provided on one lot which complies with all setback
requirements of the district in which it is located for a time
period of not greater than one year. However, such
temporary use may be renewed annually.
…
Annual Extensions of the temporary use permit may be issued
by the Zoning Administrator upon written request by the
applicant.
The builder must eventually remove the parking lot, restoring the lot to a
buildable single family home lot as originally shown on the Waters Edge at
TOWN COUNCIL
STAFF REPORT
February 6, 2012
Off-Street Parking for Ashton Woods
Model Home
5 Reading Ct., Lot 11, Block L
Waters Edge at Hogan’s Glen
Town Council Page 25 of 83 Meeting Date: February 6, 2012
Hogan’s Glen, Phase 2A plat which was approved by Council on September 13,
2010 and filed in Denton County on April 18, 2011.
FINAL PLAT: Waters Edge at Hogan’s Glen, Phase 2A
Setbacks: The setbacks for the lot (5 Reading Ct.) are:
Front Yard: 25 feet minimum
Rear Yard: 20 feet minimum
Side Yard: 5 feet minimum
The model home parking lot plan complies with all required setbacks.
Parking Requirements: Town of Trophy Club parking regulations do not
specify a definitive number of parking spaces required for this use. The
regulations state the following: “The number of spaces required shall serve
residents, customers, patrons, visitors and employees.” In addition, American
Disabilities Act (ADA) standards require twenty percent of total parking spaces
must be handicap-accessible. The Building Official reviewed the plan presented
by Ashton Woods. He noted that the 9-ft. x 18-ft. parking spaces meet the
Town’s requirements and that the handicap spaces must meet requirements of
17-ft. x 18-ft. with a minimum 8-ft. of hash marks within each handicap space.
The plan complies with these requirements and the Building Official recommends
Town Council Page 26 of 83 Meeting Date: February 6, 2012
approval of the parking lot for the Ashton Woods model homes within the gated
community of Hogan’s Glen.
Parking Facilities Construction: Town regulations require that parking facilities
be constructed of reinforced concrete on prepared subgrade. Minimum thickness
shall be 5” for general parking. The applicant must obtain a building permit and
comply with materials and inspection requirements.
Landscaping: The applicant is required to meet the “General Standards” of the
Town of Trophy Club Landscaping Regulations, which include
…
1. Quality: Plant materials used in conformance with the provisions of this
ordinance shall conform to the standard of the American Standard for
Nursery Stock, or equal thereto. Grass seed, sod and other material shall
be clean and reasonable free of weeds and noxious pests and insects.
2. Trees: Trees referred to in this Section shall comply with all applicable
regulations and requirements of Article VIII of the Subdivision Regulations
of the Town of Trophy Club, as amended. If any of the requirements of
Article VIII regulating trees conflict with the requirements contained herein
regulating trees, the requirements of Article VIII of the Subdivision
Regulations shall control.
3. Shrubs and Hedges: Shrubs shall be a minimum of two feet in height
when measured immediately after planting. Hedges, where installed, shall
be planted and maintained so as to form a continuous, unbroken, solid,
visual screen which will be three (3) feet high within one year after time of
planting.
4. Vines: Vines shall be a minimum of two feet immediately after planting and
may be used in conjunction with fences, screens or walls to meet
screening requirements as specified.
5. Ground Cover: Ground covers used in lieu of grass in whole and in part
shall be of live material and shall be planted in such a manner as to
present a finished appearance and reasonably complete coverage within
one year of planting.
6. Lawn Grass: Grass areas may be sodded, plugged, sprigged or seeded
except that solid sod shall be used in swales, berms or other areas subject
to erosion.
7. Credit for Existing Trees: Any trees preserved on a site meeting the
specifications herein shall be credited toward meeting the tree
requirement of any landscaping provision of this Section. Trees of
exceptional quality due to size, large canopy cover, trunk diameter,
rareness, age or species may, at the discretion of the Planning and Zoning
Commission, be credited as two Chapter 13 – Zoning trees for the herein
minimum requirements.
8. Railroad Ties: The use of railroad ties for use as landscaping material
shall be prohibited.
Town Council Page 27 of 83 Meeting Date: February 6, 2012
The applicant intends to plant ten (10) elaeagnus, which are gray evergreen
shrubs that tend to grow well in any soil and are fairly drought tolerant.
Eight (8) Indian Hawthorne will be planted which is also an evergreen shrub with
showy white or pink flowers in the spring and blue-black berries in the fall.
Blocks of seasonal color are planned on either side of the driveway entrance to
the parking lot.
Two crape myrtle Deciduous trees and one wax myrtle tree are planned for the
site.
As required by the Landscaping Regulations, each shrub will be a minimum 2-ft.
in height at time of planting and each tree will be a minimum 3-caliper inches at
planting.
PLANNING AND ZONING COMMISSION: The Planning and Zoning
Commission considered this request on January 19, 2012 and recommended
approval by a unanimous vote.
(ch)
Attachments: Application
Parking Lot Plot Plan
Town Council Page 28 of 83 Meeting Date: February 6, 2012
Town Council Page 29 of 83 Meeting Date: February 6, 2012
Town Council Page 30 of 83 Meeting Date: February 6, 2012
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100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-30-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/1/2012 Town Council
On agenda:Final action:2/6/2012
Title:Consider and take appropriate action to terminate existing Subdivider's Agreement between the Town
and K. Hovnanian and Standard Pacific for Neighborhood 3, Phases 2B and 2C, and authorizing the
Mayor or her designee to execute all necessary documents.
Attachments:SUBDIVIDER'S AGREEMENT - NH 3 Ph 2B and 2C.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action to terminate existing Subdivider's Agreement between the Town and K. Hovnanian
and Standard Pacific for Neighborhood 3, Phases 2B and 2C, and authorizing the Mayor or her designee to execute all
necessary documents.
EXPLANATION:
The Council previously approved a combined Subdivider's Agreement with K. Hovnanian and Standard Pacific for
Neighborhood 3, Phases 2B and 2C. Due to changed circumstances, the Developer has determined it necessary to bid
the work for Phases 2B and 2C separately. As a result, staff has prepared separate Subdivider's Agreements for each of
those phases. Since separate agreements for Phase 2B and Phase 2C of Neighborhood 3 are being utilized, it is
necessary to terminate the previously approved Subdivider's Agreement that combined the work for Phases 2B and 2C of
Neighborhood 3.
TOWN COUNCIL GOAL(S):
Goal #2: Business-Friendly Economic Development
Create effective working relationships with businesses and developers
Retain / Develop existing businesses
Promote new commercial opportunities
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Staff recommends that Council take action to terminate the combined Subdivider's Agreement for Phases 2B and 2C of
Neighborhood 3 that was approved on November 14, 2011, and in the two subsequent agenda items, that Council
approve individual Subdivider's Agreements for Phase 2B of Neighborhood 3 and for Phase 2C of Neighborhood 3.
Town Council Page 32 of 83 Meeting Date: February 6, 2012
THE HIGHLANDS AT TROPHY CLUB
NEIGHBORHOOD 3, PHASES 2B AND 2C
SUBDIVIDER'S AGREEMENT
An AGREEMENT between the Town of Trophy Club, Texas (hereinafter referred to as the
"TOWN") and Standard Pacific of Texas, Inc., and K. Hovnanian Homes-DFW L.L.C. acting by
and through its duly authorized representative (hereinafter referred to as the "DEVELOPER"), for
the installation of public improvements and facilities within the TOWN limits of Trophy Club,
Texas, for Phase 2B of Neighborhood 3, more particularly described as a tract of land consisting of
approximately 14.313 acres of land, and for the installation of public improvements and facilities
within the TOWN limits of Trophy Club, Texas, for Phase 2C of Neighborhood 3, more particularly
described as a tract ofland consisting of approximately 5.937 acres ofland, both phases hereinafter
being referred to collectively as the "PROJECT," and such public improvements being more
particularly described in Section II of this AGREEMENT. It is understood by and between the
parties that this AGREEMENT is applicable to the lot(s) contained within the Final Plat and which
have been identified as part of Phase 2B as presented to TOWN Staff on October 25, 2010, and
Phase 2C as presented to TOWN Staff on April 14,2011, and to the common areas and entryways
located outside and/or adjacent to the platted areas more particularly described in Section I, Item Q.
of this AGREEMENT, and to the offsite improvements necessary to support the PROJECT, more
particularly described in Section II of this AGREENlENT. It is further agreed that this
AGREEMENT, when properly signed and executed, shall satisfy the requirements of the TOWN'S
Subdivision Regulations.
I. GENERAL REQUIREMENTS
A. It is agreed and understood by the parties hereto that the DEVELOPER has employed a
registered public surveyor licensed to practice in the State of Texas to prepare a final
plat of the PROJECT.
The Project is planned to be platted for Single Family Residential together with allowed
incidental and accessory uses. The Project received preliminary plat approval from the
Town on January 22,2007.
B. It is agreed and understood by the parties hereto that the DEVELOPER has employed a
civil engineer licensed to practice in the State of Texas for the design and preparation of
the plans and specifications for the construction of all public improvements and
facilities described in Section II and covered by this AGREEMENT. Unless otherwise
specified herein, such plans and specifications shall be in accordance with the TOWN'S
"Design Standards for Paving, Drainage and Utility Improvements" and the North
Central Texas Council of Governments' (NCTCOG) Standard Specifications for Public
Works Construction, as presently adopted.
C. The DEVELOPER will award its own construction contract for the construction of all
PROJECT street, sanitary sewer, and other drainage public improvements and facilities
for the completion of the Project. The DEVELOPER agrees to employ a construction
1
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Town Council Page 33 of 83 Meeting Date: February 6, 2012
contractor(s) who is approved by the TOWN, said contractor(s) to meet TOWN and
statutory requirements for being insured, licensed and bonded to perform work in public
rights-of-way and to be qualified in all respects to bid on public streets and public
projects of a similar nature. The DEVELOPER agrees to submit contract documents to
the TOWN and participate in a pre-construction meeting with the TOWN and all
Developer contractors.
D. Prior to the execution of this Agreement, the commencement of construction, the filing
of the Final Plat, or the issuance of any building permits, the DEVELOPER shall
present to the TOWN a performance bond( s), payment bond( s) and maintenance
bond(s), meeting the requirements of Chapter 2253 of the Texas Government Code.
Each bond shall individually guarantee and agree to pay an amount equal to one
hundred percent (100%) of the value of the construction costs (as determined by the
TOWN Engineer) for all public improvements and facilities to be constructed by or on
behalf of the Developer for the Project. Any surety company through which a bond is
written shall be a surety company duly authorized to do business in the State of Texas,
provided that the TOWN, through the Town Attorney, shall retain the right to reject any
surety company as a surety for any work under this or any other SUBDIVIDER'S
AGREEMENT regardless of such Company's authorization to do business in Texas.
Approvals by the TOWN shall not be unreasonably withheld or delayed.
1) As an alternative to providing a surety bond for performance and a surety bond for
maintenance as specified hereinabove, Developer may provide financial assurances
for performance and maintenance in the form of a cash deposit, a certificate of
deposit, or irrevocable letter of credit. Provided however, that such alternative
financial assurances shall only be allowed if each meets all requirements specified in
Section 7.2 of the Town of Trophy Club Subdivision Regulations. All such
alternative financial assurances must be on forms approved by the Town Attorney.
2) As an alternative to the Developer providing a performance bond, payment bond,
and maintenance bond, as specified above, Developer may provide financial
assurances for performance, payment and maintenance from a single general
contractor for the Project, provided that such assurances meet all other requirements
specified hereinabove and the Town is named as a dual obligee on each such bond.
Additionally, such alternative financial assurances shall only be allowed if each
meets all requirements specified in Section 7.2 of the Town of Trophy Club
Subdivision Regulations. All such alternative financial assurances must be on forms
approved by the Town Attorney.
E. The performance bond(s) shall be submitted in statutory form guaranteeing the full and
faithful completion of the facilities and improvements required under this Agreement
for completion of the PROJECT to the TOWN and provide for payment to the TOWN
of such amounts up to the total remaining amounts required for the completion of the
PROJECT if the work is not completed as required hereunder.
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F. The payment bond(s) shall be submitted in statutory form guaranteeing payment of all
labor and material costs of the Project and shall be furnished solely for the protection of
all claimants supplying labor and material in the performance of the work provided for
under this AGREEMENT. The maintenance bond(s) shall guarantee the payment of any
and all necessary maintenance of the Project for a period of two (2) years following
acceptance of the public improvements and facilities by the TOWN, in an amount equal
to one hundred (100%) percent of the value of the construction costs of all the public
improvements and facilities to be constructed under this Agreement in respect to the
Project.
G. Any guarantee of performance, maintenance, or payment instrument (e.g., performance
bond, payment bond, maintenance bond, letters of credit, and/or cash deposit or the like)
(individually a "Guarantee" or collectively the "Guarantees") submitted by or through
the DEVELOPER on a form other than the one which has been previously approved by
the TOWN as "acceptable" shall be submitted to the Town Attorney at the
DEVELOPER'S expense, and construction of the Project shall not commence until the
Town Attorney has approved such Guarantees. Approval by the TOWN (and the Town
Attorney) shall not be unreasonably withheld or delayed. All such Guarantees shall be
maintained in full force and effect until such time as the DEVELOPER has fully
complied with the terms and conditions of this AGREEMENT as agreed to in writing by
the TOWN, and failure to keep same in force and effect shall constitute a breach of this
AGREEMENT. Failure to maintain performance and payment Guarantees meeting the
requirements of this AGREEMENT shall result in a stop work order being issued by the
Town. Additionally, all Guarantees furnished hereunder which expire prior to the
completion of construction or applicable warranty periods shall be renewed in amounts
designated by the TOWN and shall be delivered to the TOWN and approved by the
TOWN on or before the tenth (10th) banking day before the date of expiration of any
then existing Guarantee. If the DEVELOPER fails to deliver any Guarantee to the
TOWN within the time prescribed herein, such failure shall constitute a breach of this
AGREEMENT and shall be a basis for the TOWN to draw on all or any portion of any
existing Guarantee in addition to any or all other remedies available to the TOWN. The
DEVELOPER further agrees to release and forever hold the TOWN harmless from any
losses, damages and/or expenses incurred by the DEVELOPER for any delays due to the
TOWN'S review of any Guarantee which is in a form other than one which has been
previously approved by the TOWN. The TOWN requires the DEVELOPER to have all
Guarantee forms approved prior to the commencement of work and construction of
improvements.
H. It is further agreed and understood by the parties hereto that upon acceptance thereof by
the TOWN of all public improvements and facilities as described in Section II of this
Agreement, title to all such improvements and facilities shall be vested in the TOWN,
and the DEVELOPER hereby relinquishes any right, title, or interest in and to such
improvements and facilities or any part thereof. It is further understood and agreed that
until the TOWN accepts such improvements and facilities, the TOWN shall have no
liability or responsibility with respect thereto. Acceptance of the improvements and
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facilities shall occur at such time as the TOWN, through its TOWN Engineer, provides
the DEVELOPER with a written acknowledgment that all improvements and facilities
are complete, have been inspected and approved and are being accepted by the TOWN.
r. The DEVELOPER'S Engineer has prepared detailed estimates of$556,019.00 for Phase
2B and $207,072.00 for Phase 2C and the TOWN Engineer has approved an estimate of
$763,181.00 for the cost of public improvements and facilities for this Project. The
detailed cost estimates are a part of this AGREEMENT and are attached hereto as
"Attachment A" and incorporated herein. The TOWN shall not accept any construction
improvements outside of the Project and the two (2) year warranty for such
improvements shall not commence until all construction activities are completed and
accepted by the TOWN.
J. Upon TOWN'S approval and acceptance of the final plat and the engineering plans, the
final plat will be recorded with the County Clerk of Denton County. Except as
specifically provided herein, no building permits will be issued for any lots in the
Project until the final plat is filed and the public improvements and facilities specified
herein are completed and accepted by the TOWN.
K. The DEVELOPER, DEVELOPER'S contractors (prime, general and major
subcontractors) and TOWN, as well as any other third party deemed necessary by the
Town, shall participate in a pre-construction conference prior to the initiation of any
work. At or prior to the pre-construction meeting, Developer shall provide the TOWN
with the following documents: 1) Two (2) copies of all executed construction contracts;
2) List of all contractors/subcontractors and their project assignments; 3) Five (5) sets
(and additional sets as necessary for any contractors) of approved construction plans and
specifications. This list of contractors/ subcontractors shall be updated within seven
days of any changes. The DEVELOPER agrees to give the TOWN at least twenty-four
(24) hours prior written notice of hislher intent to commence construction of all public
improvements and facilities, so that the TOWN, if it so desires, may have its
representatives available to inspect the beginning and continuing progress of all work.
Developer shall submit all documentation evidencing that each of the Guarantees
required under this Agreement have been provided and all required insurance has been
obtained prior to the pre-construction meeting.
L. The DEVELOPER agrees to notify all contractors and subcontractors working on the
PROJECT that all their work is subject to inspection by a TOWN Inspector at any time,
and that such inspection may require a certification by the contractors and
subcontractors of the type, kind, and quality of materials used on the PROJECT.
M. Should any work or construction of improvements or facilities on the PROJECT which
has not been contemplated in the current construction documents (plans and
specifications), the plat, or this AGREEMENT, become necessary due to site
conditions, then the DEVELOPER shall be required to contact in writing (with a copy to
the TOWN of Trophy Club), with the TOWN Engineer to determine how such work or
construction should progress. The DEVELOPER further agrees to follow all reasonable
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recommendations and requirements imposed by the TOWN Engineer in such instance.
(Addresses for points of contact are as follows:)
Town of Trophy Club Teague, Nall & Perkins
Mr. Mike Slye, Town Manager Mr. Tom Rutledge, Town Engineer
100 Municipal Drive 1100 Macon Street
Trophy Club, Texas 76262 Fort Worth, Texas 76102
Phone: 682/831-4600 Phone: 817.336.5773
Fax: 817.490.0705 Fax: 817.336.2813
Email: mslye@ci.trophyclub.tx.us Email: trutledge0)tnp-online.com
N. The DEVELOPER agrees to cause all work and construction of improvements and
facilities to be stopped upon twenty-four (24) hour notification from the TOWN
Engineer of nonconforming improvements, including the materials used and the
methods of installation. The DEVELOPER further agrees to correct all nonconformities
in accordance with the TOWN Engineer's instructions.
O. The DEVELOPER is encouraged not to convey title of any lots ofthe PROJECT, until
all construction in respect to the PROJECT required in Section II is complete and the
TOWN has approved and accepted the work and improvements in respect thereof. The
DEVELOPER understands that, except as specifically provided herein, the TOWN will
issue no building permits for improvements on any lot in the Project until all public
improvements and facilities in respect to the Project are completed in accordance with
this Agreement. Further, DEVELOPER agrees to inform all persons or entities
purchasing the lots or any interest in the lots that, except as specifically provided herein,
TOWN will not issue any building permits until all public improvements and facilities
are completed in accordance with this Agreement.
P. After completion and prior to acceptance of all work, the DEVELOPER must furnish to
the TOWN an affidavit of all bills paid.
Q. The DEVELOPER, and as noted on the plat, the Homeowners Association for
Turnberry Addition (Neighborhoods 3 & 4) of The Highlands (hereinafter referred to as
"HOA") is responsible for landscaping, irrigation, and maintenance of all open space
and common areas, as well as maintenance of subdivision walls within Neighborhood 3,
Phases 2B and 2C.
The DEVELOPER agrees to maintain "Common Area 17" which is not a part of these
plats, but is shown as adjacent to Lots 34 through 44, Block A of Neighborhood 3,
Phase 2B. The DEVELOPER and the TOWN agree that "maintain", as used in this
paragraph only, shall mean that the DEVELOPER is responsible for mowing, weed
eating, and physically removing debris from a 5-ft. area behind the property lines of
Lots 34 through 44, Block A.
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The DEVELOPER agrees to maintain the entryway landscaping on Ganoway Blvd. The
DEVELOPER and the TOWN agree that "maintain", as used in this paragraph only,
shall mean the DEVELOPER is responsible for irrigation maintenance of landscaping,
irrigation system maintenance, planting, mowing, weed eating, and fertilizing grass,
flowers, shrubs, trees and any other type of landscaping in the entryway area. THE
DEVELOPER and the TOWN agree that the DEVELOPER (and subsequently the
HOA) shall install, at the date of Council approval of these plats, one or more water
meter(s) for the Galloway Blvd. entryway; the TOWN shall pay the water meter fee(s)
and the HOA shall pay the cost of watering the Galloway Blvd. entryway each and
every month thereafter.
II. PUBLIC IMPROVEMENTS AND FACILITIES TO BE CONSTRUCTED
A. The following public improvements and facilities are to be constructed and completed in
accordance with the construction plans and specifications approved by the Town
Engineer, and duly stamped by the Community Development Director:
1) Streets.
2) Drainage and Storm Sewer.
3) Sewer.
4) Water Distribution System.
5) Landscaping -to be maintained by the Homeowners Association
6) Fences/Walls/Retaining Walls -to be maintained by the Homeowners Association
7) Signs.
8) Driveways and Walkways -the Developer shall, as part of the Subdivision Plat
approval, be responsible for the construction of the required sidewalk.
9) Lights --Street lights shall be as designated on street light layout plan approved by
Town and submitted to Oncor.
B. Other.
1. Bench marks to be located as shown on the approved plans.
2. Upon completion, three (3) sets of as-builts/record drawings and one (1) set of
reproducible drawings shall be submitted to the TOWN within two (2) months
following the acceptance of the public improvements and facilities.
3. Testing
The Developer shall provide all geotechnical and materials tests required by the
TOWN Engineer and TOWN Inspector at the DEVELOPER'S cost in accordance
with Section 7.03 of Article VII, Chapter 12 of the Town of Trophy Club Code of
Ordinances. Such tests shall be conducted by an independent laboratory acceptable to
the Town.
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4. Pennits
The DEVELOPER will pay a Community Facilities inspection fee in the amount of
$38,159.05 (5% of $763,181.00) to cover the cost of TOWN inspection fees as
related to the construction of the Project. The Developers may be obligated to pay
other TOWN fees as set forth in the TOWN'S Schedule of Fees, as may be amended
from time to time. The DEVELOPER will be responsible for obtaining any other
permits which may be required by other federal, state or local authorities.
5. Planned Development District No. 27.
Developer shall construct and maintain all improvements in accordance with the
TOWN approved Planned Development District No. 27 and all TOWN approved
amendments thereto.
III. GENERAL PROVISIONS
A. The DEVELOPER agrees to furnish and maintain at all times prior to the TOWN'S
final acceptance of the public improvements and community facilities for the Project, an
owners protective liability insurance policy naming the TOWN as insured for property
damage and bodily injury in the amounts. Coverage shall be on an "occurrence" basis
and shall be issued with a combined bodily injury and property damage minimum limit
of $600,000 per occurrence and $1,000,000 aggregate.
B. Exclusive venue of any action brought hereunder shall be in Denton, Denton County,
Texas.
C. Approval by the TOWN Engineer of any plans, designs or specifications submitted by
the DEVELOPER pursuant to this AGREEMENT shall not constitute or be deemed to
be a release of the responsibility and liability of the DEVELOPER, his engineer,
employees, officers or agents with respect to the construction of any of the PROJECT'S
improvements or facilities, or for the accuracy and competency of the PROJECT'S
improvements and facilities design and specifications prepared by the DEVELOPER'S
consulting engineer, his officers, agents, servants or employees, it being the intent of the
parties that the approval by the TOWN Engineer signifies the TOWN'S approval on only
the general design concept of the improvements and facilities to be constructed. The
DEVELOPER shall release, indemnify, defend and hold hannless the TOWN, its
officers, agents, servants and employees, from any demands, actions, causes of action,
obligations, loss, damage, liability or expense, including attorneys fees and expenses, on
account of or with respect to damage to property and injuries, including death, to any and
all persons which may arise out of or result from any defect, deficiency or negligence in
the construction of the PROJECT'S public improvements and facilities or with respect to
the DEVELOPER'S Engineer's designs and specifications incorporated into any
improvements and facilities constructed in accordance therewith, and the DEVELOPER
shall defend at his own expense any suits or other proceedings brought against the
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TOWN, its officers, agents, servants or employees, or any of them, on account thereof,
and pay all expenses and satisfy all judgments which may be incurred or rendered against
them or any of them in connection herewith. All responsibility and liability for drainage
to adjacent and downstream properties from development of this PROJECT will accrue
to the DEVELOPER.
DEVELOPER, as that term is used throughout this Agreement, refers to K. Hovnanian
Homes-DFW, L.L.C. and Standard Pacific of Texas, L.P., owners of the PROJECT,
both jointly and severally. DEVELOPER understands that its obligation under each and
every term of this Agreement, including without limitation, the terms of this paragraph
specifically, is both joint and several and hereby expressly waives any and all defenses
to liability that may arise out of, relate to or result from the separate action or inaction
of either of the individual owners, collectively referred to as DEVELOPER, so that the
full intent and meaning of joint and several liability attaches under this Agreement for
the benefit of the Town.
D. Indemnity and Liability for construction. The DEVELOPER, its successors, permittees,
permitted assigns, vendors, grantees and/or trustees do hereby fully release and agree to
indemnify, hold harmless and defend the TOWN, its officers, agents, servants and
employees from all losses, damage liabilities, claims, obligations, penalties, charges,
costs or expenses of any nature whatsoever, for property damage, personal injury or
death, resulting from or in any way connected with this contract or the construction of
the improvements or facilities or the failure to safeguard construction work, or any other
act or omission of the DEVELOPER or its contractors or subcontractors, their officers,
agents, servants or employees related thereto. DEVELOPER, as that term is used
throughout this Agreement, refers to K. Hovnanian Homes-DFW, L.L.c. and Standard
Pacific of Texas, L.P., owners of the PROJECT, both jointly and severally.
DEVELOPER understands that its obligation under each and every term of this
Agreement, including without limitation, the terms of this paragraph specifically, is both
joint and several and hereby expressly waives any and all defenses to liability that may
arise out of, relate to or result from the separate action or inaction of either of the
individual owners, collectively referred to as DEVELOPER, so that the full intent and
meaning of joint and several liability attaches under this Agreement for the benefit of
the Town.
E. Final Acceptance of Infrastructure. The TOWN shall not issue a Building Permit for
any lot until the public facilities and improvements identified in Items 1, 2, 3, 4, and 7,
of Section II (A) above (referred to in this paragraph as "Partial Improvements") are
completely constructed to the satisfaction of the TOWN Engineer or his agent and in
accordance with the stamped approved Construction Plans (Final Completion) for Phase
2B and Phase 2C as determined in the sole discretion ofthe Town Engineer or his agent.
Upon Substantial Completion of the Partial Improvements, a "punch list" of
outstanding items shall be presented to the Developer's contractor(s) indicating those
outstanding items and their deficiencies that need to be addressed for Final Completion
of the Partial Improvements. Upon Final Completion of the Partial Improvements, the
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Town shall issue Building Pennits for a maximum of nine (9) of the 42 homes proposed
to be constructed in Phase 2B, and a maximum of three (3) of the 13 homes proposed to
be constructed in Phase 2C of this PROJECT in accordance with the tenns of this
section. The Town shall process those permit applications based upon date and time of
the filing of each pennit application; provided however that permits shall only be issued
for the first nine (9) applications for Building Penn its for Phase 2B and the first three
(3) applications for Building Permits for Phase 2C that meet all requirements of
applicable regulations and for which all applicable fees are timely paid. DEVELOPER
shall complete Items 5, 6, 8 and 9 listed in Paragraph II (A) herein (referred to in this
paragraph as "Improvements") for both Phases 2B and 2C within 90 days of the final
acceptance of the Partial Improvements. The TOWN shall not issue a Letter of
Acceptance or certificates of occupancy for this PROJECT until all public facilities and
improvements listed in Paragraph II (A) are completely constructed to the satisfaction of
the TOWN Engineer or his agent and in accordance with the stamped approved
Construction Plans (Final Completion) as detennined in the sole discretion of the Town
Engineer or his agent. However, upon Substantial Completion, a "punch list" of
outstanding items shall be presented to the Developer's contractor(s) indicating those
outstanding items and their deficiencies that need to be addressed for Final Completion
of the Improvements for this PROJECT.
F. Neither this Agreement nor any part hereof or any interests, rights, or obligations herein,
shall be assigned by the DEVELOPER without the express written consent of the
TOWN Council.
G. All work perfonned under this AGREEMENT shall be completed within eighteen
months from the date hereof. In the event the work is not completed within the eighteen
(18) month period, the TOWN may, at its sole election, draw down or otherwise
exercise it rights under or with respect to any Guarantee provided by the DEVELOPER
and complete such work at DEVELOPER'S expense; provided, however, that if the
construction under this AGREEMENT shall have started within the eighteen (18) month
period, the TOWN may agree to renew the AGREEMENT with such renewed
AGREEMENT to be in writing and in compliance with the TOWN policies in effect at
that time. Notwithstanding the foregoing, in the event that the perfonnance by either
party of any of its' obligations or undertakings hereunder shall be interrupted or delayed
by any occurrence and not occasioned by the conduct of either party hereto, whether
such occurrence be an act of God or the common enemy or the result of war, riot, civil
commotion, or sovereign conduct, then upon written notice of such occurrence, such
party shall be excused from perfonnance for a period of time as is reasonably necessary
after such occurrence to remedy the effects thereof, and each party shall bear the cost of
any expense it may incur due to the occurrence.
H. This Subdivider's AGREEMENT shall be construed in accordance with the Town of
Trophy Club, Texas Subdivision Regulations and all other applicable ordinances. Any
conflicts between the provisions of this Subdivider's AGREEMENT, the TOWN'S
Subdivision Regulations, Town Ordinances, and State and Federal law, shall be
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construed in favor of the Town's ordinance(s) as allowed by law, subject to Chapter 245
of the Local Government Code. To the extent that any such conflict exists, only that
portion of the Subdivider's AGREEMENT which is in conflict shall be severable from
the other provisions of the AGREEMENT, and such conflict shall in no manner affect
the validity or enforceability of the remaining provisions.
I. All rights, remedies and privileges permitted or available to the TOWN under this
AGREEMENT or at law or equity shall be cumulative and not alternative, and election
of any such right, remedy or privilege shall not constitute a waiver or exclusive election
of rights, remedies or privileges with respect to any other permitted or available right,
remedy or privilege. Additionally, one instance of forbearance by the Town in the
enforcement of any such right, remedy or privilege, shall not constitute a waiver of such
right, remedy or privilege by the Town. A default under this Agreement by the TOWN
shall not result in a forfeiture of any rights, remedies, or privileges under this Agreement
by the TOWN.
SIGNED AND EFFECTIVE on the date last set forth below.
Standard Pacific of T~xas, Inc.
A Delaware ~. 1ifl
1/
C~Matzke~
Standard paCIfic Homes
909 Lake Carolyn Parkway #940
Irving, TX 75039
972-590-2426~office
972-550-0606 fax L;.
Date: /. F J' 6 .
I I
K. Hovnanian Homes -DFW L.L.C.
a Texas limited liability company
Date: It. -/ '3 -/I
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10
Town Council Page 42 of 83 Meeting Date: February 6, 2012
TOWN OF TROPHY CLUB:
By:
/'" N,layor, TOWN of Trophy Club
ATTEST:
Date: ~~~~~~--------
APPROVED AS TO FORNI:
Town Attorney, Town of Trophy Club
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100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-28-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/1/2012 Town Council
On agenda:Final action:2/6/2012
Title:Consider and take appropriate action regarding a Subdivider’s Agreement between the Town and
Standard Pacific of Texas, Inc. and K. Hovnanian Homes-DFW L.L.C. for The Highlands at Trophy
Club, Neighborhood 3, Phase 2B; and authorizing the Mayor or her designee to execute necessary
documents.
Attachments:SUBDIVIDER'S AGREEMENT - NH 3 Ph 2B - Revised 020612.pdf
SUBDIVIDER'S - Attachment A - NH 3 Ph 2B.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding a Subdivider’s Agreement between the Town and Standard Pacific of
Texas, Inc. and K. Hovnanian Homes-DFW L.L.C. for The Highlands at Trophy Club, Neighborhood 3, Phase 2B; and
authorizing the Mayor or her designee to execute necessary documents.
EXPLANATION:
On November 14, 2011, Council approved a combined Subdivider’s Agreement for Neighborhood 3, Phase 2B and 2C.
The property owners have rebid the project and separated the work into two phases. The attached Subdivider’s
Agreement reflects this action.
TOWN COUNCIL GOAL(S):
Goal #2: Business-Friendly Economic Development
Create effective working relationships with businesses and developers
Retain / Develop existing businesses
Promote new commercial opportunities
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Splitting the phases will be beneficial to Town Staff when inspecting the subdivisions, as well as at the time of final
approval of the phases. Staff recommends approval.
Town Council Page 44 of 83 Meeting Date: February 6, 2012
THE HIGHLANDS AT TROPHY CLUB
NEIGHBORHOOD 3, PHASE 2B
SUBDIVIDER'S AGREEMENT
An AGREEMENT between the Town of Trophy Club, Texas (hereinafter referred
to as the "TOWN") and Standard Pacific of Texas, Inc., and K. Hovnanian Homes-DFW
L.L.C. acting by and through its duly authorized representative (hereinafter referred to
as the "DEVELOPER"), for the installation of public improvements and facilities within
the TOWN limits of Trophy Club, Texas, for Phase 2B of Neighborhood 3, more
particularly described as a tract of land consisting of approximately 14.313 acres of
land, hereinafter being referred to collectively as the "PROJECT," and such public
improvements being more particularly described in Section II of this AGREEMENT. It is
understood by and between the parties that this AGREEMENT is applicable to the lot(s)
contained within the Final Plat as presented to TOWN Staff on October 25, 2010, and
to the common areas and entryways located outside and/or adjacent to the platted
areas more particularly described in Section I, Item Q. of this AGREEMENT, and to the
offsite improvements necessary to support the PROJECT, more particularly described
in Section II of this AGREEMENT. It is further agreed that this AGREEMENT, when
properly signed and executed, shall satisfy the requirements of the TOWN’S
Subdivision Regulations.
I. GENERAL REQUIREMENTS
A. It is agreed and understood by the parties hereto that the DEVELOPER has
employed a registered public surveyor licensed to practice in the State of
Texas to prepare a final plat of the PROJECT.
The Project is planned to be platted for Single Family Residential together
with allowed incidental and accessory uses. The Project received
preliminary plat approval from the TOWN on January 22, 2007.
B. It is agreed and understood by the parties hereto that the DEVELOPER has
employed a civil engineer licensed to practice in the State of Texas for the
design and preparation of the plans and specifications for the construction of
all public improvements and facilities described in Section II and covered by
this AGREEMENT. Unless otherwise specified herein, such plans and
specifications shall be in accordance with the TOWN’S "Design Standards
for Paving, Drainage and Utility Improvements" and the North Central Texas
Council of Governments’ (NCTCOG) Standard Specifications for Public
Works Construction, as presently adopted.
C. The DEVELOPER shall award its own construction contract for the
construction of all PROJECT street, sanitary sewer, and other drainage
public improvements and facilities for the completion of the Project. The
DEVELOPER agrees to employ a construction contractor(s) who is approved
Town Council Page 45 of 83 Meeting Date: February 6, 2012
by the TOWN, said contractor(s) to meet TOWN and statutory requirements
for being insured, licensed and bonded to perform work in public rights-of-
way and to be qualified in all respects to bid on public streets and public
projects of a similar nature. The DEVELOPER agrees to submit contract
documents to the TOWN and participate in a pre-construction meeting with
the TOWN and all DEVELOPER contractors.
D. Prior to the execution of this Agreement, the commencement of construction,
the filing of the Final Plat, or the issuance of any building permits, the
DEVELOPER shall present to the TOWN a performance bond(s), payment
bond(s) and maintenance bond(s), meeting the requirements of Chapter
2253 of the Texas Government Code. Each bond shall individually
guarantee and agree to pay an amount equal to one hundred percent
(100%) of the value of the construction costs (as determined by the TOWN
Engineer) for all public improvements and facilities to be constructed by or
on behalf of the DEVELOPER for the Project. Any surety company through
which a bond is written shall be a surety company duly authorized to do
business in the State of Texas, provided that the TOWN, through the Town
Attorney, shall retain the right to reject any surety company as a surety for
any work under this or any other SUBDIVIDER’S AGREEMENT regardless
of such Company’s authorization to do business in Texas. Approvals by the
TOWN shall not be unreasonably withheld or delayed.
1) As an alternative to providing a surety bond for performance and a surety
bond for maintenance as specified hereinabove, DEVELOPER may
provide financial assurances for performance and maintenance in the
form of a cash deposit, a certificate of deposit, or irrevocable letter of
credit. Provided however, that such alternative financial assurances shall
only be allowed if each meets all requirements specified in Section 7.2 of
the Town of Trophy Club Subdivision Regulations. All such alternative
financial assurances must be on forms approved by the Town Attorney.
2) As an alternative to the DEVELOPER providing a performance bond,
payment bond, and maintenance bond, as specified above,
DEVELOPER may provide financial assurances for performance,
payment and maintenance from a single general contractor for the
Project, provided that such assurances meet all other requirements
specified hereinabove and the TOWN is named as a dual obligee on
each such bond. Additionally, such alternative financial assurances shall
only be allowed if each meets all requirements specified in Section 7.2 of
the Town of Trophy Club Subdivision Regulations. All such alternative
financial assurances must be on forms approved by the Town Attorney.
E. The performance bond(s) shall be submitted in statutory form guaranteeing
the full and faithful completion of the facilities and improvements required
under this Agreement for completion of the PROJECT to the TOWN and
Town Council Page 46 of 83 Meeting Date: February 6, 2012
provide for payment to the TOWN of such amounts up to the total remaining
amounts required for the completion of the PROJECT if the work is not
completed as required hereunder.
F. The payment bond(s) shall be submitted in statutory form guaranteeing
payment of all labor and material costs of the Project and shall be furnished
solely for the protection of all claimants supplying labor and material in the
performance of the work provided for under this AGREEMENT. The
maintenance bond(s) shall guarantee the payment of any and all necessary
maintenance of the Project for a period of two (2) years following acceptance
of the public improvements and facilities by the TOWN, in an amount equal
to one hundred (100%) percent of the value of the construction costs of all
the public improvements and facilities to be constructed under this
Agreement in respect to the Project.
G. Any guarantee of performance, maintenance, or payment instrument (e.g.,
performance bond, payment bond, maintenance bond, letters of credit,
and/or cash deposit or the like) (individually a “Guarantee” or collectively the
“Guarantees”) submitted by or through the DEVELOPER on a form other
than the one which has been previously approved by the TOWN as
"acceptable" shall be submitted to the Town Attorney at the DEVELOPER'S
expense, and construction of the Project shall not commence until the Town
Attorney has approved such Guarantees. Approval by the TOWN (and the
Town Attorney) shall not be unreasonably withheld or delayed. All such
Guarantees shall be maintained in full force and effect until such time as the
DEVELOPER has fully complied with the terms and conditions of this
AGREEMENT as agreed to in writing by the TOWN, and failure to keep
same in force and effect shall constitute a breach of this AGREEMENT.
Failure to maintain performance and payment Guarantees meeting the
requirements of this AGREEMENT shall result in a stop work order being
issued by the TOWN. Additionally, all Guarantees furnished hereunder
which expire prior to the completion of construction or applicable warranty
periods shall be renewed in amounts designated by the TOWN and shall be
delivered to the TOWN and approved by the TOWN on or before the tenth
(10th) banking day before the date of expiration of any then existing
Guarantee. If the DEVELOPER fails to deliver any Guarantee to the TOWN
within the time prescribed herein, such failure shall constitute a breach of
this AGREEMENT and shall be a basis for the TOWN to draw on all or any
portion of any existing Guarantee in addition to any or all other remedies
available to the TOWN. The DEVELOPER further agrees to release and
forever hold the TOWN harmless from any losses, damages and/or
expenses incurred by the DEVELOPER for any delays due to the TOWN'S
review of any Guarantee which is in a form other than one which has been
previously approved by the TOWN. The TOWN requires the DEVELOPER
to have all Guarantee forms approved prior to the commencement of work
and construction of improvements.
Town Council Page 47 of 83 Meeting Date: February 6, 2012
H. It is further agreed and understood by the parties hereto that upon
acceptance thereof by the TOWN of all public improvements and facilities as
described in Section II of this Agreement, title to all such improvements and
facilities shall be vested in the TOWN, and the DEVELOPER hereby
relinquishes any right, title, or interest in and to such improvements and
facilities or any part thereof. It is further understood and agreed that until the
TOWN accepts such improvements and facilities, the TOWN shall have no
liability or responsibility with respect thereto. Acceptance of the
improvements and facilities shall occur at such time as the TOWN, through
its TOWN Engineer, provides the DEVELOPER with a written
acknowledgment that all improvements and facilities are complete, have
been inspected and approved and are being accepted by the TOWN.
I. The DEVELOPER’S Engineer has prepared detailed estimates of
$577,419.90 and the TOWN Engineer has approved an estimate of
$577,419.90 for the cost of public improvements and facilities for this
Project. The detailed cost estimates are a part of this AGREEMENT and are
attached hereto as "Attachment A" and incorporated herein. The TOWN
shall not accept any construction improvements outside of the Project and
the two (2) year warranty for such improvements shall not commence until all
construction activities are completed and accepted by the TOWN.
J. Upon TOWN’S approval and acceptance of the final plat and the engineering
plans, the final plat shall be recorded with the County Clerk of Denton
County. Except as specifically provided herein, no building permits shall be
issued for any lots in the Project until the final plat is filed and the public
improvements and facilities specified herein are completed and accepted by
the TOWN.
K. The DEVELOPER, DEVELOPER'S contractors (prime, general and major
subcontractors) and TOWN, as well as any other third party deemed
necessary by the TOWN, shall participate in a pre-construction conference
prior to the initiation of any work. At or prior to the pre-construction meeting,
DEVELOPER shall provide the TOWN with the following documents: 1) Two
(2) copies of all executed construction contracts; 2) List of all
contractors/subcontractors and their project assignments; 3) Five (5) sets
(and additional sets as necessary for any contractors) of approved
construction plans and specifications. This list of contractors/ subcontractors
shall be updated within seven days of any changes. The DEVELOPER
agrees to give the TOWN at least twenty-four (24) hours prior written notice
of his/her intent to commence construction of all public improvements and
facilities, so that the TOWN, if it so desires, may have its representatives
available to inspect the beginning and continuing progress of all work.
DEVELOPER shall submit all documentation evidencing that each of the
Guarantees required under this Agreement have been provided and all
required insurance has been obtained prior to the pre-construction meeting.
Town Council Page 48 of 83 Meeting Date: February 6, 2012
L. The DEVELOPER agrees to notify all contractors and subcontractors
working on the PROJECT that all their work is subject to inspection by a
TOWN Inspector at any time, and that such inspection may require a
certification by the contractors and subcontractors of the type, kind, and
quality of materials used on the PROJECT.
M. Should any work or construction of improvements or facilities on the
PROJECT which has not been contemplated in the current construction
documents (plans and specifications), the plat, or this AGREEMENT,
become necessary due to site conditions, then the DEVELOPER shall be
required to contact in writing (with a copy to the TOWN of Trophy Club), with
the TOWN Engineer to determine how such work or construction should
progress. The DEVELOPER further agrees to follow all reasonable
recommendations and requirements imposed by the TOWN Engineer in
such instance. (Addresses for points of contact are as follows:)
Town of Trophy Club Teague, Nall & Perkins
Mr. Mike Slye, Town Manager Mr. Tom Rutledge, Town Engineer
100 Municipal Drive 1100 Macon Street
Trophy Club, Texas 76262 Fort Worth, Texas 76102
Phone: 682/831-4600 Phone: 817.336.5773
Fax: 817.490.0705 Fax: 817.336.2813
Email: mslye@ci.trophyclub.tx.us Email: trutledge@tnp-online.com
N. The DEVELOPER agrees to cause all work and construction of
improvements and facilities to be stopped upon twenty-four (24) hour
notification from the TOWN Engineer of nonconforming improvements,
including the materials used and the methods of installation. The
DEVELOPER further agrees to correct all nonconformities in accordance
with the TOWN Engineer’s instructions.
O. The DEVELOPER is encouraged not to convey title of any lots of the
PROJECT, until all construction in respect to the PROJECT required in
Section II is complete and the TOWN has approved and accepted the work
and improvements in respect thereof. The DEVELOPER understands that,
except as specifically provided herein, the TOWN shall issue no building
permits for improvements on any lot in the Project until all public
improvements and facilities in respect to the Project are completed in
accordance with this Agreement. Further, DEVELOPER agrees to inform all
persons or entities purchasing the lots or any interest in the lots that, except
as specifically provided herein, TOWN shall not issue any building permits
until all public improvements and facilities are completed in accordance with
this Agreement.
P. After completion and prior to acceptance of all work, the DEVELOPER must
furnish to the TOWN an affidavit of all bills paid.
Town Council Page 49 of 83 Meeting Date: February 6, 2012
Q. The DEVELOPER, and as noted on the plat, the Homeowners Association
for Turnberry Addition (Neighborhoods 3 & 4) of The Highlands (hereinafter
referred to as "HOA") shall be responsible for landscaping, irrigation, and
maintenance of all open space and common areas, as well as maintenance
of subdivision walls within Neighborhood 3, Phase 2B.
The DEVELOPER agrees to maintain “Common Area 17” which is not a part
of these plats, but is shown as adjacent to Lots 34 through 44, Block A of
Neighborhood 3, Phase 2B. The DEVELOPER and the TOWN agree that
“maintain” shall mean that the DEVELOPER shall be responsible for
mowing, weedeating, or physically removing debris from a 5-ft. area behind
the property lines of Lots 34 through 44, Block A.
The DEVELOPER agrees to maintain the entryway landscaping on Galloway
Blvd. The DEVELOPER and the TOWN agree that “maintain” shall mean
the DEVELOPER is responsible for planting, mowing, weedeating, and
fertilizing grass, flowers, shrubs, trees and any other type of landscaping in
the entryway area. THE DEVELOPER and the TOWN agree that the
DEVELOPER (and subsequently the HOA) shall install, at the date of
Council approval of these plats, one or more water meter(s) for the Galloway
Blvd. entryway; the TOWN shall pay the water meter fee(s) and the HOA
shall pay the cost of watering the Galloway Blvd. entryway each and every
month thereafter.
II. PUBLIC IMPROVEMENTS AND FACILITIES TO BE CONSTRUCTED
A. The following public improvements and facilities are to be constructed and
completed in accordance with the construction plans and specifications
approved by the TOWN Engineer, and duly stamped by the Community
Development Director:
1) Streets.
2) Drainage and Storm Sewer.
3) Sewer.
4) Water Distribution System.
5) Landscaping – to be maintained by the Homeowners Association
6) Fences/Walls/Retaining Walls – to be owned and maintained by the
Homeowners Association
7) Signs.
8) Driveways and Walkways – the DEVELOPER shall, as part of the
Subdivision Plat approval, be responsible for the construction of the
required sidewalk.
9) Lights -- Street lights shall be as designated on street light layout plan
approved by TOWN and submitted to Oncor.
Town Council Page 50 of 83 Meeting Date: February 6, 2012
B. Other.
1. Bench marks to be located as shown on the approved plans.
2. Upon completion, three (3) sets of as-builts/record drawings and one (1)
set of reproducible drawings shall be submitted to the TOWN within two
(2) months following the acceptance of the public improvements and
facilities.
3. Testing
The DEVELOPER shall provide all geotechnical and materials tests
required by the TOWN Engineer and TOWN Inspector at the
DEVELOPER’S cost in accordance with Section 7.03 of Article VII,
Chapter 12 of the Town of Trophy Club Code of Ordinances. Such tests
shall be conducted by an independent laboratory acceptable to the
TOWN.
4. Permits
The DEVELOPER shall pay a Community Facilities inspection fee in the
amount of $28,871.00 (5% of $577,419.90) to cover the cost of TOWN
inspection fees as related to the construction of the Project. As
applicable, the DEVELOPER shall be obligated to pay other TOWN fees
as set forth in the TOWN’S Schedule of Fees, as may be amended from
time to time. The DEVELOPER shall be responsible for obtaining any
other permits which may be required by other federal, state or local
authorities.
5. Planned Development District No. 27.
DEVELOPER shall construct and maintain all improvements in
accordance with the TOWN approved Planned Development District No.
27 and all TOWN approved amendments thereto.
III. GENERAL PROVISIONS
A. The DEVELOPER agrees to furnish and maintain at all times prior to the
TOWN’S final acceptance of the public improvements and community
facilities for the Project, an owners protective liability insurance policy naming
the TOWN as insured for property damage and bodily injury in the following
amounts: Coverage shall be on an “occurrence” basis and shall be issued
with a combined bodily injury and property damage minimum limit of
$600,000 per occurrence and $1,000,000 aggregate.
Town Council Page 51 of 83 Meeting Date: February 6, 2012
B. Exclusive venue of any action brought hereunder shall be in Denton, Denton
County, Texas.
C. Approval by the TOWN Engineer of any plans, designs or specifications
submitted by the DEVELOPER pursuant to this AGREEMENT shall not
constitute or be deemed to be a release of the responsibility and liability
of the DEVELOPER, his engineer, employees, officers or agents with
respect to the construction of any of the PROJECT’S improvements or
facilities, or for the accuracy and competency of the PROJECT’S
improvements and facilities design and specifications prepared by the
DEVELOPER'S consulting engineer, his officers, agents, servants or
employees, it being the intent of the parties that the approval by the
TOWN Engineer signifies the TOWN'S approval on only the general
design concept of the improvements and facilities to be constructed.
The DEVELOPER shall release, indemnify, defend and hold harmless
the TOWN, its officers, agents, servants and employees, from any
demands, actions, causes of action, obligations, loss, damage, liability
or expense, including attorneys fees and expenses, on account of or
with respect to damage to property and injuries, including death, to any
and all persons which may arise out of or result from any defect,
deficiency or negligence in the construction of the PROJECT’S public
improvements and facilities or with respect to the DEVELOPER'S
Engineer’s designs and specifications incorporated into any
improvements and facilities constructed in accordance therewith, and
the DEVELOPER shall defend at his own expense any suits or other
proceedings brought against the TOWN, its officers, agents, servants or
employees, or any of them, on account thereof, and pay all expenses
and satisfy all judgments which may be incurred or rendered against
them or any of them in connection herewith. All responsibility and
liability for drainage to adjacent and downstream properties from
development of this PROJECT shall accrue to the DEVELOPER.
DEVELOPER, as that term is used throughout this Agreement, refers to K.
Hovnanian Homes-DFW, L.L.C. and Standard Pacific of Texas, L.P., owners
of the PROJECT, both jointly and severally. DEVELOPER understands that
its obligation under each and every term of this Agreement, including without
limitation, the terms of this paragraph specifically, is both joint and several
and hereby expressly waives any and all defenses to liability that may arise
out of, relate to or result from the separate action or inaction of either of the
individual owners, collectively referred to as DEVELOPER, so that the full
intent and meaning of joint and several liability attaches under this
Agreement for the benefit of the TOWN.
D. Indemnity and Liability for construction. The DEVELOPER, its
successors, permittees, permitted assigns, vendors, grantees and/or
trustees do hereby fully release and agree to indemnify, hold harmless
Town Council Page 52 of 83 Meeting Date: February 6, 2012
and defend the TOWN, its officers, agents, servants and employees
from all losses, damage liabilities, claims, obligations, penalties,
charges, costs or expenses of any nature whatsoever, for property
damage, personal injury or death, resulting from or in any way
connected with this contract or the construction of the improvements
or facilities or the failure to safeguard construction work, or any other
act or omission of the DEVELOPER or its contractors or
subcontractors, their officers, agents, servants or employees related
thereto. DEVELOPER, as that term is used throughout this Agreement,
refers to K. Hovnanian Homes-DFW, L.L.C. and Standard Pacific of
Texas, L.P., owners of the PROJECT, both jointly and severally.
DEVELOPER understands that its obligation under each and every term
of this Agreement, including without limitation, the terms of this
paragraph specifically, is both joint and several and hereby expressly
waives any and all defenses to liability that may arise out of, relate to or
result from the separate action or inaction of either of the individual
owners, collectively referred to as DEVELOPER, so that the full intent
and meaning of joint and several liability attaches under this
Agreement for the benefit of the TOWN.
E. Final Acceptance of Infrastructure. The TOWN shall not issue a Building
Permit for any lot until the public facilities and improvements identified in
Items 1, 2, 3, 4, and 7, of Section II (A) above (referred to in this paragraph
as “Partial Improvements”) are completely constructed to the satisfaction of
the TOWN Engineer or his agent and in accordance with the stamped
approved Construction Plans (Final Completion) for Phase 2B. Upon
Substantial Completion of the Partial Improvements, a “punch list” of
outstanding items shall be presented to the DEVELOPER’s contractor(s)
indicating those outstanding items and their deficiencies that need to be
addressed for Final Completion of the Partial Improvements. Upon Final
Completion of the Partial Improvements, the TOWN shall issue Building
Permits for nine (9) of the 42 homes proposed to be constructed in Phase
2B of this PROJECT in accordance with the terms of this section. The
TOWN shall process those permit applications based upon date and time of
the filing of each permit application; provided however that permits shall only
be issued for the first nine (9) applications for Building Permits for Phase 2B
that meet all requirements of applicable regulations and for which all
applicable fees are timely paid. DEVELOPER shall complete Items 5, 6, 8
and 9 listed in Paragraph II (A) herein (referred to in this paragraph as
“Improvements”) for Phase 2B within 90 days of the final acceptance of the
Partial Improvements. The TOWN shall not issue a Letter of Acceptance or
certificates of occupancy for this PROJECT until all public facilities and
improvements listed in Paragraph II (A) are completely constructed to the
satisfaction of the TOWN Engineer or his agent and in accordance with the
stamped approved Construction Plans (Final Completion). However, upon
Substantial Completion, a “punch list” of outstanding items shall be
Town Council Page 53 of 83 Meeting Date: February 6, 2012
presented to the DEVELOPER’s contractor(s) indicating those outstanding
items and their deficiencies that need to be addressed for Final Completion
of the Improvements for this PROJECT.
F. Neither this Agreement nor any part hereof or any interests, rights, or
obligations herein, shall be assigned by the DEVELOPER without the
express written consent of the TOWN Council.
G. All work performed under this AGREEMENT shall be completed within
eighteen months from the date hereof. In the event the work is not
completed within the eighteen (18) month period, the TOWN may, at its sole
election, draw down or otherwise exercise it rights under or with respect to
any Guarantee provided by the DEVELOPER and complete such work at
DEVELOPER'S expense; provided, however, that if the construction under
this AGREEMENT shall have started within the eighteen (18) month period,
the TOWN may agree to renew the AGREEMENT with such renewed
AGREEMENT to be in writing and in compliance with the TOWN policies in
effect at that time. Notwithstanding the foregoing, in the event that the
performance by either party of any of its’ obligations or undertakings
hereunder shall be interrupted or delayed by any occurrence and not
occasioned by the conduct of either party hereto, whether such occurrence
be an act of God or the common enemy or the result of war, riot, civil
commotion, or sovereign conduct, then upon written notice of such
occurrence, such party shall be excused from performance for a period of
time as is reasonably necessary after such occurrence to remedy the effects
thereof, and each party shall bear the cost of any expense it may incur due
to the occurrence.
H. This Subdivider's AGREEMENT shall be construed in accordance with the
Town of Trophy Club, Texas Subdivision Regulations and all other applicable
ordinances. Any conflicts between the provisions of this Subdivider’s
AGREEMENT, the TOWN'S Subdivision Regulations, TOWN Ordinances,
and State and Federal law, shall be construed in favor of the TOWN’s
ordinance(s) as allowed by law, subject to Chapter 245 of the Local
Government Code. To the extent that any such conflict exists, only that
portion of the Subdivider’s AGREEMENT which is in conflict shall be
severable from the other provisions of the AGREEMENT, and such conflict
shall in no manner affect the validity or enforceability of the remaining
provisions.
I. All rights, remedies and privileges permitted or available to the TOWN under
this AGREEMENT or at law or equity shall be cumulative and not alternative,
and election of any such right, remedy or privilege shall not constitute a
waiver or exclusive election of rights, remedies or privileges with respect to
any other permitted or available right, remedy or privilege. Additionally, one
instance of forbearance by the TOWN in the enforcement of any such right,
Town Council Page 54 of 83 Meeting Date: February 6, 2012
remedy or privilege, shall not constitute a waiver of such right, remedy or
privilege by the TOWN. A default under this Agreement by the TOWN shall
not result in a forfeiture of any rights, remedies, or privileges under this
Agreement by the TOWN.
SIGNED AND EFFECTIVE on the date last set forth below.
TOWN OF TROPHY CLUB, TEXAS
Date: ______________
Connie White, Mayor
Town of Trophy Club, Texas
ATTEST: APPROVED AS TO FORM:
Shannon DePrater, Town Secretary Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas Town of Trophy Club, Texas
DEVELOPER:
Standard Pacific of Texas, Inc., and
K. Hovnanian Homes-DFW L.L.C.
Date: ______________
Date: ______________
Project Manager
Town Council Page 55 of 83 Meeting Date: February 6, 2012
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100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-29-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/1/2012 Town Council
On agenda:Final action:2/6/2012
Title:Consider and take appropriate action regarding a Subdivider’s Agreement between the Town and
Standard Pacific of Texas, Inc. and K. Hovnanian Homes-DFW L.L.C. for The Highlands at Trophy
Club, Neighborhood 3, Phase 2C; and authorizing the Mayor or her designee to execute necessary
documents.
Attachments:SUBDIVIDER'S AGREEMENT - NH 3 Ph 2C - Revised 020612.pdf
SUBDIVIDER'S - Attachment A - NH 3 Ph 2C.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding a Subdivider’s Agreement between the Town and Standard Pacific of
Texas, Inc. and K. Hovnanian Homes-DFW L.L.C. for The Highlands at Trophy Club, Neighborhood 3, Phase 2C; and
authorizing the Mayor or her designee to execute necessary documents.
EXPLANATION:
On November 14, 2011, Council approved a combined Subdivider’s Agreement for Neighborhood 3, Phase 2B and 2C.
The property owners have rebid the project and separated the work into two phases. The attached Subdivider’s
Agreement reflects this action.
TOWN COUNCIL GOAL(S):
Goal #2: Business-Friendly Economic Development
Create effective working relationships with businesses and developers
Retain / Develop existing businesses
Promote new commercial opportunities
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Splitting the phases will be beneficial to Town Staff when inspecting the subdivisions, as well as at the time of final
approval of the phases. Staff recommends approval.
Town Council Page 58 of 83 Meeting Date: February 6, 2012
THE HIGHLANDS AT TROPHY CLUB
NEIGHBORHOOD 3, PHASE 2C
SUBDIVIDER'S AGREEMENT
An AGREEMENT between the Town of Trophy Club, Texas (hereinafter referred
to as the "TOWN") and Standard Pacific of Texas, Inc., and K. Hovnanian Homes-DFW
L.L.C. acting by and through its duly authorized representative (hereinafter referred to
as the "DEVELOPER"), for the installation of public improvements and facilities within
the TOWN limits of Trophy Club, Texas, for Phase 2C of Neighborhood 3, more
particularly described as a tract of land consisting of approximately 5.937 acres of land,
hereinafter being referred to collectively as the "PROJECT," and such public
improvements being more particularly described in Section II of this AGREEMENT. It is
understood by and between the parties that this AGREEMENT is applicable to the lot(s)
contained within the Final Plat as presented to TOWN Staff on April 14, 2011, and to
the common areas and entryways located outside and/or adjacent to the platted areas
more particularly described in Section I, Item Q. of this AGREEMENT, and to the offsite
improvements necessary to support the PROJECT, more particularly described in
Section II of this AGREEMENT. It is further agreed that this AGREEMENT, when
properly signed and executed, shall satisfy the requirements of the TOWN’S
Subdivision Regulations.
I. GENERAL REQUIREMENTS
A. It is agreed and understood by the parties hereto that the DEVELOPER has
employed a registered public surveyor licensed to practice in the State of
Texas to prepare a final plat of the PROJECT.
The Project is planned to be platted for Single Family Residential together
with allowed incidental and accessory uses. The Project received
preliminary plat approval from the TOWN on January 22, 2007.
B. It is agreed and understood by the parties hereto that the DEVELOPER has
employed a civil engineer licensed to practice in the State of Texas for the
design and preparation of the plans and specifications for the construction of
all public improvements and facilities described in Section II and covered by
this AGREEMENT. Unless otherwise specified herein, such plans and
specifications shall be in accordance with the TOWN’S "Design Standards
for Paving, Drainage and Utility Improvements" and the North Central Texas
Council of Governments’ (NCTCOG) Standard Specifications for Public
Works Construction, as presently adopted.
C. The DEVELOPER shall award its own construction contract for the
construction of all PROJECT street, sanitary sewer, and other drainage
public improvements and facilities for the completion of the Project. The
DEVELOPER agrees to employ a construction contractor(s) who is approved
Town Council Page 59 of 83 Meeting Date: February 6, 2012
by the TOWN, said contractor(s) to meet TOWN and statutory requirements
for being insured, licensed and bonded to perform work in public rights-of-
way and to be qualified in all respects to bid on public streets and public
projects of a similar nature. The DEVELOPER agrees to submit contract
documents to the TOWN and participate in a pre-construction meeting with
the TOWN and all Developer contractors.
D. Prior to the execution of this Agreement, the commencement of construction,
the filing of the Final Plat, or the issuance of any building permits, the
DEVELOPER shall present to the TOWN a performance bond(s), payment
bond(s) and maintenance bond(s), meeting the requirements of Chapter
2253 of the Texas Government Code. Each bond shall individually
guarantee and agree to pay an amount equal to one hundred percent
(100%) of the value of the construction costs (as determined by the TOWN
Engineer) for all public improvements and facilities to be constructed by or
on behalf of the Developer for the Project. Any surety company through
which a bond is written shall be a surety company duly authorized to do
business in the State of Texas, provided that the TOWN, through the Town
Attorney, shall retain the right to reject any surety company as a surety for
any work under this or any other SUBDIVIDER’S AGREEMENT regardless
of such Company’s authorization to do business in Texas. Approvals by the
TOWN shall not be unreasonably withheld or delayed.
1) As an alternative to providing a surety bond for performance and a surety
bond for maintenance as specified hereinabove, Developer may provide
financial assurances for performance and maintenance in the form of a
cash deposit, a certificate of deposit, or irrevocable letter of credit.
Provided however, that such alternative financial assurances shall only
be allowed if each meets all requirements specified in Section 7.2 of the
Town of Trophy Club Subdivision Regulations. All such alternative
financial assurances must be on forms approved by the Town Attorney.
2) As an alternative to the Developer providing a performance bond,
payment bond, and maintenance bond, as specified above, Developer
may provide financial assurances for performance, payment and
maintenance from a single general contractor for the Project, provided
that such assurances meet all other requirements specified hereinabove
and the TOWN is named as a dual obligee on each such bond.
Additionally, such alternative financial assurances shall only be allowed if
each meets all requirements specified in Section 7.2 of the Town of
Trophy Club Subdivision Regulations. All such alternative financial
assurances must be on forms approved by the Town Attorney.
Town Council Page 60 of 83 Meeting Date: February 6, 2012
E. The performance bond(s) shall be submitted in statutory form guaranteeing
the full and faithful completion of the facilities and improvements required
under this Agreement for completion of the PROJECT to the TOWN and
provide for payment to the TOWN of such amounts up to the total remaining
amounts required for the completion of the PROJECT if the work is not
completed as required hereunder.
F. The payment bond(s) shall be submitted in statutory form guaranteeing
payment of all labor and material costs of the Project and shall be furnished
solely for the protection of all claimants supplying labor and material in the
performance of the work provided for under this AGREEMENT. The
maintenance bond(s) shall guarantee the payment of any and all necessary
maintenance of the Project for a period of two (2) years following acceptance
of the public improvements and facilities by the TOWN, in an amount equal
to one hundred (100%) percent of the value of the construction costs of all
the public improvements and facilities to be constructed under this
Agreement in respect to the Project.
G. Any guarantee of performance, maintenance, or payment instrument (e.g.,
performance bond, payment bond, maintenance bond, letters of credit,
and/or cash deposit or the like) (individually a “Guarantee” or collectively the
“Guarantees”) submitted by or through the DEVELOPER on a form other
than the one which has been previously approved by the TOWN as
"acceptable" shall be submitted to the Town Attorney at the DEVELOPER'S
expense, and construction of the Project shall not commence until the Town
Attorney has approved such Guarantees. Approval by the TOWN (and the
Town Attorney) shall not be unreasonably withheld or delayed. All such
Guarantees shall be maintained in full force and effect until such time as the
DEVELOPER has fully complied with the terms and conditions of this
AGREEMENT as agreed to in writing by the TOWN, and failure to keep
same in force and effect shall constitute a breach of this AGREEMENT.
Failure to maintain performance and payment Guarantees meeting the
requirements of this AGREEMENT shall result in a stop work order being
issued by the TOWN. Additionally, all Guarantees furnished hereunder
which expire prior to the completion of construction or applicable warranty
periods shall be renewed in amounts designated by the TOWN and shall be
delivered to the TOWN and approved by the TOWN on or before the tenth
(10th) banking day before the date of expiration of any then existing
Guarantee. If the DEVELOPER fails to deliver any Guarantee to the TOWN
within the time prescribed herein, such failure shall constitute a breach of
this AGREEMENT and shall be a basis for the TOWN to draw on all or any
portion of any existing Guarantee in addition to any or all other remedies
available to the TOWN. The DEVELOPER further agrees to release and
forever hold the TOWN harmless from any losses, damages and/or
expenses incurred by the DEVELOPER for any delays due to the TOWN'S
review of any Guarantee which is in a form other than one which has been
Town Council Page 61 of 83 Meeting Date: February 6, 2012
previously approved by the TOWN. The TOWN requires the DEVELOPER
to have all Guarantee forms approved prior to the commencement of work
and construction of improvements.
H. It is further agreed and understood by the parties hereto that upon
acceptance thereof by the TOWN of all public improvements and facilities as
described in Section II of this Agreement, title to all such improvements and
facilities shall be vested in the TOWN, and the DEVELOPER hereby
relinquishes any right, title, or interest in and to such improvements and
facilities or any part thereof. It is further understood and agreed that until the
TOWN accepts such improvements and facilities, the TOWN shall have no
liability or responsibility with respect thereto. Acceptance of the
improvements and facilities shall occur at such time as the TOWN, through
its TOWN Engineer, provides the DEVELOPER with a written
acknowledgment that all improvements and facilities are complete, have
been inspected and approved and are being accepted by the TOWN.
I. The DEVELOPER’S Engineer has prepared detailed estimates of
$221,995.50 for Phase 2C and the TOWN Engineer has approved an
estimate of $221,995.50 for the cost of public improvements and facilities for
this Project. The detailed cost estimates are a part of this AGREEMENT and
are attached hereto as "Attachment A" and incorporated herein. The TOWN
shall not accept any construction improvements outside of the Project and
the two (2) year warranty for such improvements shall not commence until all
construction activities are completed and accepted by the TOWN.
J. Upon TOWN’S approval and acceptance of the final plat and the engineering
plans, the final plat shall be recorded with the County Clerk of Denton
County. Except as specifically provided herein, no building permits shall be
issued for any lots in the Project until the final plat is filed and the public
improvements and facilities specified herein are completed and accepted by
the TOWN.
K. The DEVELOPER, DEVELOPER'S contractors (prime, general and major
subcontractors) and TOWN, as well as any other third party deemed
necessary by the TOWN, shall participate in a pre-construction conference
prior to the initiation of any work. At or prior to the pre-construction meeting,
Developer shall provide the TOWN with the following documents: 1) Two (2)
copies of all executed construction contracts; 2) List of all
contractors/subcontractors and their project assignments; 3) Five (5) sets
(and additional sets as necessary for any contractors) of approved
construction plans and specifications. This list of contractors/ subcontractors
shall be updated within seven days of any changes. The DEVELOPER
agrees to give the TOWN at least twenty-four (24) hours prior written notice
of his/her intent to commence construction of all public improvements and
facilities, so that the TOWN, if it so desires, may have its representatives
Town Council Page 62 of 83 Meeting Date: February 6, 2012
available to inspect the beginning and continuing progress of all work.
Developer shall submit all documentation evidencing that each of the
Guarantees required under this Agreement have been provided and all
required insurance has been obtained prior to the pre-construction meeting.
L. The DEVELOPER agrees to notify all contractors and subcontractors
working on the PROJECT that all their work is subject to inspection by a
TOWN Inspector at any time, and that such inspection may require a
certification by the contractors and subcontractors of the type, kind, and
quality of materials used on the PROJECT.
M. Should any work or construction of improvements or facilities on the
PROJECT which has not been contemplated in the current construction
documents (plans and specifications), the plat, or this AGREEMENT,
become necessary due to site conditions, then the DEVELOPER shall be
required to contact in writing (with a copy to the TOWN of Trophy Club), with
the TOWN Engineer to determine how such work or construction should
progress. The DEVELOPER further agrees to follow all reasonable
recommendations and requirements imposed by the TOWN Engineer in
such instance. (Addresses for points of contact are as follows:)
Town of Trophy Club Teague, Nall & Perkins
Mr. Mike Slye, Town Manager Mr. Tom Rutledge, Town Engineer
100 Municipal Drive 1100 Macon Street
Trophy Club, Texas 76262 Fort Worth, Texas 76102
Phone: 682/831-4600 Phone: 817.336.5773
Fax: 817.490.0705 Fax: 817.336.2813
Email: mslye@ci.trophyclub.tx.us Email: trutledge@tnp-online.com
N. The DEVELOPER agrees to cause all work and construction of
improvements and facilities to be stopped upon twenty-four (24) hour
notification from the TOWN Engineer of nonconforming improvements,
including the materials used and the methods of installation. The
DEVELOPER further agrees to correct all nonconformities in accordance
with the TOWN Engineer’s instructions.
O. The DEVELOPER is encouraged not to convey title of any lots of the
PROJECT, until all construction in respect to the PROJECT required in
Section II is complete and the TOWN has approved and accepted the work
and improvements in respect thereof. The DEVELOPER understands that,
except as specifically provided herein, the TOWN shall issue no building
permits for improvements on any lot in the Project until all public
improvements and facilities in respect to the Project are completed in
accordance with this Agreement. Further, DEVELOPER agrees to inform all
persons or entities purchasing the lots or any interest in the lots that, except
as specifically provided herein, TOWN shall not issue any building permits
Town Council Page 63 of 83 Meeting Date: February 6, 2012
until all public improvements and facilities are completed in accordance with
this Agreement.
P. After completion and prior to acceptance of all work, the DEVELOPER shall
furnish to the TOWN an affidavit of all bills paid.
Q. The DEVELOPER, and as noted on the plat, the Homeowners Association
for Turnberry Addition (Neighborhoods 3 & 4) of The Highlands (hereinafter
referred to as "HOA") shall be responsible for landscaping, irrigation, and
maintenance of all open space and common areas, as well as maintenance
of subdivision walls within Neighborhood 3, Phase 2C.
The DEVELOPER agrees to maintain the entryway landscaping on Galloway
Blvd. The DEVELOPER and the TOWN agree that “maintain” shall mean
the DEVELOPER is responsible for planting, mowing, weedeating, and
fertilizing grass, flowers, shrubs, trees and any other type of landscaping in
the entryway area. THE DEVELOPER and the TOWN agree that the
DEVELOPER (and subsequently the HOA) shall install, at the date of
Council approval of these plats, one or more water meter(s) for the Galloway
Blvd. entryway; the TOWN shall pay the water meter fee(s) and the HOA
shall pay the cost of watering the Galloway Blvd. entryway each and every
month thereafter.
II. PUBLIC IMPROVEMENTS AND FACILITIES TO BE CONSTRUCTED
A. The following public improvements and facilities are to be constructed and
completed in accordance with the construction plans and specifications
approved by the Town Engineer, and duly stamped by the Community
Development Director:
1) Streets.
2) Drainage and Storm Sewer.
3) Sewer.
4) Water Distribution System.
5) Landscaping – to be maintained by the Homeowners Association
6) Fences/Walls/Retaining Walls – to be maintained by the Homeowners
Association
7) Signs.
8) Driveways and Walkways – the Developer shall, as part of the Subdivision
Plat approval, be responsible for the construction of the required sidewalk.
9) Lights -- Street lights shall be as designated on street light layout plan
approved by TOWN and submitted to Oncor.
Town Council Page 64 of 83 Meeting Date: February 6, 2012
B. Other.
1. Bench marks to be located as shown on the approved plans.
2. Upon completion, three (3) sets of as-builts/record drawings and one (1)
set of reproducible drawings shall be submitted to the TOWN within two
(2) months following the acceptance of the public improvements and
facilities.
3. Testing
The Developer shall provide all geotechnical and materials tests required
by the TOWN Engineer and TOWN Inspector at the DEVELOPER’S cost
in accordance with Section 7.03 of Article VII, Chapter 12 of the Town of
Trophy Club Code of Ordinances. Such tests shall be conducted by an
independent laboratory acceptable to the TOWN.
4. Permits
The DEVELOPER shall pay a Community Facilities inspection fee in the
amount of $11,099.78 (5% of $221,995.50) to cover the cost of TOWN
inspection fees as related to the construction of the Project. As applicable
the Developers shall be obligated to pay other TOWN fees as set forth in
the TOWN’S Schedule of Fees, as may be amended from time to time.
The DEVELOPER shall be responsible for obtaining any other permits
which may be required by other federal, state or local authorities.
5. Planned Development District No. 27.
Developer shall construct and maintain all improvements in accordance
with the TOWN approved Planned Development District No. 27 and all
TOWN approved amendments thereto.
III. GENERAL PROVISIONS
A. The DEVELOPER agrees to furnish and maintain at all times prior to the
TOWN’S final acceptance of the public improvements and community
facilities for the Project, an owners protective liability insurance policy naming
the TOWN as insured for property damage and bodily injury in the following
amounts: Coverage shall be on an “occurrence” basis and shall be issued
with a combined bodily injury and property damage minimum limit of
$600,000 per occurrence and $1,000,000 aggregate.
B. Exclusive venue of any action brought hereunder shall be in Denton, Denton
County, Texas.
Town Council Page 65 of 83 Meeting Date: February 6, 2012
C. Approval by the TOWN Engineer of any plans, designs or specifications
submitted by the DEVELOPER pursuant to this AGREEMENT shall not
constitute or be deemed to be a release of the responsibility and liability
of the DEVELOPER, his engineer, employees, officers or agents with
respect to the construction of any of the PROJECT’S improvements or
facilities, or for the accuracy and competency of the PROJECT’S
improvements and facilities design and specifications prepared by the
DEVELOPER'S consulting engineer, his officers, agents, servants or
employees, it being the intent of the parties that the approval by the
TOWN Engineer signifies the TOWN'S approval on only the general
design concept of the improvements and facilities to be constructed.
The DEVELOPER shall release, indemnify, defend and hold harmless
the TOWN, its officers, agents, servants and employees, from any
demands, actions, causes of action, obligations, loss, damage, liability
or expense, including attorneys fees and expenses, on account of or
with respect to damage to property and injuries, including death, to any
and all persons which may arise out of or result from any defect,
deficiency or negligence in the construction of the PROJECT’S public
improvements and facilities or with respect to the DEVELOPER'S
Engineer’s designs and specifications incorporated into any
improvements and facilities constructed in accordance therewith, and
the DEVELOPER shall defend at his own expense any suits or other
proceedings brought against the TOWN, its officers, agents, servants or
employees, or any of them, on account thereof, and pay all expenses
and satisfy all judgments which may be incurred or rendered against
them or any of them in connection herewith. All responsibility and
liability for drainage to adjacent and downstream properties from
development of this PROJECT shall accrue to the DEVELOPER.
DEVELOPER, as that term is used throughout this Agreement, refers to K.
Hovnanian Homes-DFW, L.L.C. and Standard Pacific of Texas, L.P., owners
of the PROJECT, both jointly and severally. DEVELOPER understands that
its obligation under each and every term of this Agreement, including without
limitation, the terms of this paragraph specifically, is both joint and several
and hereby expressly waives any and all defenses to liability that may arise
out of, relate to or result from the separate action or inaction of either of the
individual owners, collectively referred to as DEVELOPER, so that the full
intent and meaning of joint and several liability attaches under this Agreement
for the benefit of the TOWN.
D. Indemnity and Liability for construction. The DEVELOPER, its
successors, permittees, permitted assigns, vendors, grantees and/or
trustees do hereby fully release and agree to indemnify, hold harmless
and defend the TOWN, its officers, agents, servants and employees
from all losses, damage liabilities, claims, obligations, penalties,
charges, costs or expenses of any nature whatsoever, for property
Town Council Page 66 of 83 Meeting Date: February 6, 2012
damage, personal injury or death, resulting from or in any way
connected with this contract or the construction of the improvements
or facilities or the failure to safeguard construction work, or any other
act or omission of the DEVELOPER or its contractors or
subcontractors, their officers, agents, servants or employees related
thereto. DEVELOPER, as that term is used throughout this Agreement,
refers to K. Hovnanian Homes-DFW, L.L.C. and Standard Pacific of
Texas, L.P., owners of the PROJECT, both jointly and severally.
DEVELOPER understands that its obligation under each and every term
of this Agreement, including without limitation, the terms of this
paragraph specifically, is both joint and several and hereby expressly
waives any and all defenses to liability that may arise out of, relate to or
result from the separate action or inaction of either of the individual
owners, collectively referred to as DEVELOPER, so that the full intent
and meaning of joint and several liability attaches under this
Agreement for the benefit of the TOWN.
E. Final Acceptance of Infrastructure. The TOWN shall not issue a Building
Permit for any lot until the public facilities and improvements identified in
Items 1, 2, 3, 4, and 7, of Section II (A) above (referred to in this paragraph
as “Partial Improvements”) are completely constructed to the satisfaction of
the TOWN Engineer or his agent and in accordance with the stamped
approved Construction Plans (Final Completion) for Phase 2C. Upon
Substantial Completion of the Partial Improvements, a “punch list” of
outstanding items shall be presented to the Developer’s contractor(s)
indicating those outstanding items and their deficiencies that need to be
addressed for Final Completion of the Partial Improvements. Upon Final
Completion of the Partial Improvements, the TOWN shall issue Building
Permits for three (3) of the 13 homes proposed to be constructed in Phase
2C of this PROJECT in accordance with the terms of this section. The
TOWN shall process those permit applications based upon date and time of
the filing of each permit application; provided however that permits shall only
be issued for the first three (3) applications for Building Permits for Phase 2C
that meet all requirements of applicable regulations and for which all
applicable fees are timely paid. DEVELOPER shall complete Items 5, 6, 8
and 9 listed in Paragraph II (A) herein (referred to in this paragraph as
“Improvements”) for Phase 2C within 90 days of the final acceptance of the
Partial Improvements. The TOWN shall not issue a Letter of Acceptance or
certificates of occupancy for this PROJECT until all public facilities and
improvements listed in Paragraph II (A) are completely constructed to the
satisfaction of the TOWN Engineer or his agent and in accordance with the
stamped approved Construction Plans (Final Completion). However, upon
Substantial Completion, a “punch list” of outstanding items shall be
presented to the Developer’s contractor(s) indicating those outstanding items
and their deficiencies that need to be addressed for Final Completion of the
Improvements for this PROJECT.
Town Council Page 67 of 83 Meeting Date: February 6, 2012
F. Neither this Agreement nor any part hereof or any interests, rights, or
obligations herein, shall be assigned by the DEVELOPER without the
express written consent of the TOWN Council.
G. All work performed under this AGREEMENT shall be completed within
eighteen months from the date hereof. In the event the work is not
completed within the eighteen (18) month period, the TOWN may, at its sole
election, draw down or otherwise exercise it rights under or with respect to
any Guarantee provided by the DEVELOPER and complete such work at
DEVELOPER'S expense; provided, however, that if the construction under
this AGREEMENT shall have started within the eighteen (18) month period,
the TOWN may agree to renew the AGREEMENT with such renewed
AGREEMENT to be in writing and in compliance with the TOWN policies in
effect at that time. Notwithstanding the foregoing, in the event that the
performance by either party of any of its’ obligations or undertakings
hereunder shall be interrupted or delayed by any occurrence and not
occasioned by the conduct of either party hereto, whether such occurrence
be an act of God or the common enemy or the result of war, riot, civil
commotion, or sovereign conduct, then upon written notice of such
occurrence, such party shall be excused from performance for a period of
time as is reasonably necessary after such occurrence to remedy the effects
thereof, and each party shall bear the cost of any expense it may incur due
to the occurrence.
H. This Subdivider's AGREEMENT shall be construed in accordance with the
TOWN of Trophy Club, Texas Subdivision Regulations and all other
applicable ordinances. Any conflicts between the provisions of this
Subdivider’s AGREEMENT, the TOWN'S Subdivision Regulations, TOWN
Ordinances, and State and Federal law, shall be construed in favor of the
TOWN’S ordinance(s) as allowed by law, subject to Chapter 245 of the Local
Government Code. To the extent that any such conflict exists, only that
portion of the Subdivider’s AGREEMENT which is in conflict shall be
severable from the other provisions of the AGREEMENT, and such conflict
shall in no manner affect the validity or enforceability of the remaining
provisions.
I. All rights, remedies and privileges permitted or available to the TOWN under
this AGREEMENT or at law or equity shall be cumulative and not alternative,
and election of any such right, remedy or privilege shall not constitute a
waiver or exclusive election of rights, remedies or privileges with respect to
any other permitted or available right, remedy or privilege. Additionally, one
instance of forbearance by the TOWN in the enforcement of any such right,
remedy or privilege, shall not constitute a waiver of such right, remedy or
privilege by the TOWN. A default under this Agreement by the TOWN shall
not result in a forfeiture of any rights, remedies, or privileges under this
Agreement by the TOWN.
Town Council Page 68 of 83 Meeting Date: February 6, 2012
SIGNED AND EFFECTIVE on the date last set forth below.
TOWN OF TROPHY CLUB, TEXAS
Date: ______________
Connie White, Mayor
Town of Trophy Club, Texas
ATTEST: APPROVED AS TO FORM:
Shannon DePrater, Town Secretary Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas Town of Trophy Club, Texas
DEVELOPER:
Standard Pacific of Texas, Inc., and
K. Hovnanian Homes-DFW L.L.C.
Date: ______________
Date: ______________
Project Manager
Town Council Page 69 of 83 Meeting Date: February 6, 2012
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100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-31-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/2/2012 Town Council
On agenda:Final action:2/6/2012
Title:Consider and take appropriate action regarding designating Mayor White's alternate representative to
the Emergency Preparedness Planning Council.
Attachments:Appointments_ConnieWhite_TrophyClub.pdf
Alternate_Contact_FORM.pdf
Meeting_Schedule-EPPC2012.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding designating Mayor White's alternate representative to the Emergency
Preparedness Planning Council.
Town Council Page 72 of 83 Meeting Date: February 6, 2012
North Central Texas Council of Governments
February 1, 2012
The Honorable Connie White
Mayor
City of Trophy Club
100 Municipal Drive, Trophy Club, TX 76262
cwhite@trophyclub.org
Dear Mayor White,
Thank you for your interest in the regional Emergency Preparedness Planning Council (EPPC).
On January 26, 2012, the North Central Texas Council of Governments (NCTCOG) Executive
Board voted to appoint you to a two-year term representing the population category 5,000-
14,999.
.
The EPPC serves in an advisory role to the NCTCOG Executive Board. The Council has the
responsibility to provide policy direction and oversight for development of regional emergency
planning and response systems. The Council may also recommend how to best utilize financial
assistance for regional emergency planning, mitigation, and recovery.
Upcoming EPPC Meeting details are as follows:
Thursday, February 16, 2012
8:30 a.m. - 9:00 a.m.- New Member Orientation
9:00 a.m. - 9:30 a.m. - Networking and a light breakfast
9:30 a.m. - 11:30 a.m. - Meeting
North Central Texas Council of Governments
616 Six Flags Drive, Centerpoint ll, Arlington
Transportation Council Room
A current roster is enclosed, along with an alternate form and a 2012 meeting schedule.
We look forward to working with you as we continue to strengthen preparedness, mitigation, and
response capabilities throughout the region.
Please contact me by phone at 817-608-2322, or via email at mthoerner@nctcog.org if you
have any questions.
Yours truly,
Molly Thoerner
Director, Department of Emergency Preparedness
Town Council Page 73 of 83 Meeting Date: February 6, 2012
2012
North Central Texas
Emergency Preparedness Planning Council
Alternate Representative and Staff Contact Information
(Alternate representative must be an elected official)
I. ALTERNATE REPRESENTATIVE DESIGNATION:
EPPC Member: Title:
Designated Alternate:
Alternate Title: ___________________________________
Alternate Email: ___________________________________ Phone: (_____) _____-_______
II. STAFF MEMBER CONTACTS:
EPPC Member Staff Contacts (e.g. emergency management coordinator, administrative
assistant) to receive EPPC information and notifications.
Name_______________________________________________ Phone: (_____) _____-_______
Email _______________________________________________
Name_______________________________________________ Phone: (_____) _____-_______
Email _______________________________________________
EPPC MEMBER COMMUNICATIONS:
• Communications will be sent by email
• Meeting announcements and reminders will be sent via Outlook calendar invites
• For those not using Outlook, calendar invites will arrive as regular emails
EPPC Member Signature: Date:
For more information or assistance, contact Nora Castaneda at ncastaneda@nctcog.org or (817)-608-2311.
Please submit completed form to the email listed above or fax to: (817)-608-2372.
Town Council Page 74 of 83 Meeting Date: February 6, 2012
Emergency Preparedness Planning Council
Meeting Schedule 2012
Meetings are held at the North Central Texas Council of Governments (NCTCOG), 616 Six Flags Drive,
Centerpoint II, in Arlington, Texas.
Networking will be from 9:00am - 9:30am prior to each EPPC meeting.
Schedule
February 16, 2012 (Thursday)
Location: NCTCOG
Room: Transportation Council Room
New Member Orientation: 8:30am-9:00am
Networking: 9:00am-9:30am
Meeting: 9:30am-11:30am
April 19, 2012 (Thursday)
Location: NCTCOG
Room: TBD
Networking: 9:00am-9:30am
Meeting: 9:30am-11:30am
June 21, 2012 (Thursday)
Location: NCTCOG
Room: TBD
Networking: 9:00am-9:30am
Meeting: 9:30am-11:30am
August 16, 2012 (Thursday)
Location: NCTCOG
Room: TBD
Networking: 9:00am-9:30am
Meeting: 9:30am-11:30am
October 18, 2012 (Thursday)
Location: NCTCOG
Room: TBD
Networking: 9:00am-9:30am
Meeting: 9:30am-11:30am
December 13, 2012 (Thursday) * Holiday Schedule
Location: NCTCOG
Room: TBD
Networking: 9:00am-9:30am
Meeting: 9:30am-11:30am
• Contact Nora Castaneda by phone at 817-608-2311or via email at ncastaneda@nctcog.org if you have
agenda requests, questions or concerns.
• If an emergency meeting needs to be called, or a meeting needs to be cancelled, members and
alternates would be contacted via email and/or phone.
• For the most up to date information regarding each meeting, please check the website:
http://www.nctcog.org/ep/eppc/
Town Council Page 75 of 83 Meeting Date: February 6, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-23-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/31/2012 Town Council
On agenda:Final action:2/6/2012
Title:Town Council Liaison Updates; discussion of same:
- January 31, 2012 TCMUD No. 1 Meeting, Council member Rose
Attachments:
Action ByDate Action ResultVer.
TITLE
Town Council Liaison Updates; discussion of same:
- January 31, 2012 TCMUD No. 1 Meeting, Council member Rose
Town Council Page 76 of 83 Meeting Date: February 6, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-24-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/31/2012 Town Council
On agenda:Final action:2/6/2012
Title:Town Manager Slye's update regarding the following; discussion of same.
- Drip Irrigation
- CPR Training
- Fuel Station
- Premier Academy
- Fire Department Grant Award
- Strategy Session
- ATMOS Notice of Intent for proposed rate increase
- May 2012 Election
Attachments:FD Grant Notification.pdf
FD Grant FactSheet.pdf
Action ByDate Action ResultVer.
TITLE
Town Manager Slye's update regarding the following; discussion of same.
- Drip Irrigation
- CPR Training
- Fuel Station
- Premier Academy
- Fire Department Grant Award
- Strategy Session
- ATMOS Notice of Intent for proposed rate increase
- May 2012 Election
Town Council Page 77 of 83 Meeting Date: February 6, 2012
1
Shannon DePrater
Subject:FW: Senator John Cornyn Announces Trophy Club Fire Department to Receive $66,880
Grant
Attachments:FactSheet.pdf; GrantNotification.pdf
From: Wood, John (Cornyn) [mailto:John_Wood@cornyn.senate.gov]
Sent: Wednesday, February 01, 2012 1:16 PM
To: Danny Thomas; Connie White; 'mary.horn@dentoncounty.com'; 'gwhitley@tarrantcounty.com'
Subject: Senator John Cornyn Announces Trophy Club Fire Department to Receive $66,880 Grant
Dear Chief Thomas, Mayor White, Judge Horn, and Judge Whitley:
Senator Cornyn is very pleased to pass along this FY 2011 Assistance to Firefighters Grant award
announcement to the Trophy Club Fire Department. This $66,880 grant for Operations and Safety aims to
enhance first responders' ability to protect the health and safety of the public, as well as that of first-responder
personal, with respect to fire related hazards. The Assistance to Firefighters Grant (AFG) Program of the
Federal Emergency Management Agency (FEMA) and the Department of Homeland Security (DHS) is an
important component of the larger, coordinated effort to strengthen the Nation’s overall level of preparedness
and ability to respond to fire and related hazards. Please see the attached documents for more details.
Feel free to contact our office should you have any questions related to this announcement or any other issue of
which we may be of service.
Thank you,
John Wood
North Texas Regional Director
Office of Senator John Cornyn
5001 Spring Valley Road, Suite 1125 E
Dallas, Texas 75244
972-239-1310
Town Council Page 78 of 83 Meeting Date: February 6, 2012
1
FY 2011 Assistance to Firefighters Grants (AFG)
Overview
The Assistance to Firefighters Grant (AFG) Program of the
Federal Emergency Management Agency (FEMA) and the
Department of Homeland Security (DHS) is an important
component of the larger, coordinated effort to strengthen the
Nation’s overall level of preparedness and ability to respond
to fire and related hazards. Since 2001, the AFG has
provided approximately $5 billion in grants to first-responder
organizations to obtain much-needed emergency response
equipment, personal protective equipment, firefighting and
emergency vehicles, and training. During fiscal year (FY)
2011, the AFG will award another $380 million to first-
responder organizations that need support to improve their
capability to respond to fires and emergencies of all types.
Purpose
The purpose of the AFG is to award grants directly to fire departments and EMS organizations that are
unaffiliated with a hospital to enhance their ability to protect the health and safety of the public, as well as
that of first-responder personnel. Using a competitive process that is overseen by fire service subject matter
experts, grants are awarded to applicants whose requests best address the priorities of the AFG Program.
Funding
The AFG will award approximately $380 million in competitive grants to fire departments and nonaffiliated
EMS organizations during FY 2011. The application period opened on August 15, 2011, and closed on
September 23, 2011, with 16,496 applications having been submitted. Funding for vehicles is limited to 25
percent of the total 2011 AFG appropriation. No less than 3.5 percent of appropriated funds ($13.30 million)
must be awarded for equipment and training grants for both fire-department-based and nonaffiliated EMS
organizations.
Eligibility
Only fire departments and nonaffiliated EMS organizations were eligible to apply for funding. Organizations
had to operate in one of the 50 States, the District of Columbia, Commonwealth of the Northern Mariana
Islands, Virgin Islands, Guam, American Samoa, or Puerto Rico.
A “fire department” is defined as an agency or organization that has a formally recognized arrangement with
a State, territory, local or tribal authority (city, county, parish, fire district, township, town, or other
governing body) to provide fire suppression to a population within a fixed geographical area on a first-due
basis. A “nonaffiliated EMS organization” is defined as a public or private nonprofit EMS organization that
provides direct emergency medical services, including medical transport, to a specific geographic area on a
first-due basis, but which is not affiliated with a hospital and does not serve a geographic area where such
services are provided adequately by a fire department.
In Fiscal Year 2011, DHS Assistance
to Firefighters Grant Program will
award approximately $380 million
directly to fire departments and
EMS organizations to enhance their
response capabilities and to more
effectively protect the health and
safety of the public and emergency
response personnel with respect to
fire and all other hazards.
Town Council Page 79 of 83 Meeting Date: February 6, 2012
2
Program Highlights
The AFG funds fire departments and non-affiliated EMS organizations. All organizations were eligible to
submit up to three applications under the followings categories:
Operations and Safety:
• Behavioral health programs were added to the health and fitness activity as a requirement.
Vehicle Acquisition:
• Eligible apparatus included, but were not limited to: pumpers, aerials, quints, brush trucks,
tankers/tenders, rescue vehicles, ambulances, foam units, and fireboats.
• Rural fire departments were eligible to apply for multiple vehicles.
Regional Grants:
• Regional projects in which multiple organizations (Fire and/or EMS) serving more than one
local jurisdiction would benefit directly from the activities requested with grant funds.
Interested applicants were allowed to submit up to three separate applications for consideration, one under
each of the three program areas for the FY 2011 AFG.
Evaluation Criteria
AFG funding priorities differ for fire departments and nonaffiliated EMS organizations. The funding
priorities and evaluation criteria were developed from recommendations provided by a criteria development
panel composed of fire service professionals representing nine major fire service organizations, and feedback
from non-fire-service organizations representing state and city governments.
Based on the input received, the FY 2011 AFG priorities remain largely unchanged from FY 2010, with the
exception to the following items:
• Under modifications to facilities, AFG gives priority to source capture vehicle exhaust
systems, and to projects complying with the 2007 Edition of NFPA 1500 concerning air
quality and exposure to carcinogens.
• Vehicle grantees must certify that they will adopt and enforce standard operating procedures
that comply with NFPA 1500 standards that require all passengers wear seatbelts and that
drivers obey all traffic signals, signs, and laws.
All submitted applications were ranked based on the substance of the application relative to the established
funding priorities. Information provided in the application, including answers to the application’s activity-
specific questions, provide a basis to determine each application’s ranking relative to the stated priorities.
Applications that score the highest and are determined to be in the “competitive range” will undergo further
evaluation by a panel of peers, or members of the fire service.
Applications that are considered for award will undergo an extensive technical review of the project budget
prior to an award offer.
Town Council Page 80 of 83 Meeting Date: February 6, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-25-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/31/2012 Town Council
On agenda:Final action:2/6/2012
Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional
meetings; discussion of same.
- January 25, 2012 Denton County Mayor's Luncheon
Attachments:
Action ByDate Action ResultVer.
TITLE
Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of
same.
- January 25, 2012 Denton County Mayor's Luncheon
Town Council Page 81 of 83 Meeting Date: February 6, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-27-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:1/31/2012 Town Council
On agenda:Final action:2/6/2012
Title:Items for Future Agendas.
Attachments:Future Agenda Items List.pdf
Action ByDate Action ResultVer.
TITLE
Items for Future Agendas.
Town Council Page 82 of 83 Meeting Date: February 6, 2012
Town of Trophy Club Town Council Future Agenda Items List
1. Consider and take appropriate action regarding procurement policies and their
alignment with State statutes. (Rose, 2/1/10)
2. Consider and take appropriate action regarding noise regulations for Oil and Gas
Well Drilling and Production (Rose, 4/26/10)
3. Staff proposal regarding the amenity lakes, including associated costs to accept
the amenity lakes from the developer. (Stotts, 10/4/10)
4. Explore the feasibility of combining the EDCs and improved ways of expending
EDC funds. (Strother, 2/24/2011)
5. Consider and take appropriate action regarding the creation of a “Going Green”
initiative throughout the Town. (White, 2/24/2011)
6. Consider and take appropriate action regarding updates to the Sign Ordinance
(retail windows and political signs) (White and Cantrell, 5/2/2011)
7. Consider and take appropriate action regarding ball park signage. (Cantrell,
6/6/2011)
8. Consider and take appropriate action regarding a Golf Cart Community. (Tiffany,
6/6/2011)
9. Rewrite of Handbook for Elected and Appointed Officials Handbook. (Rose/Slye,
8/15/11)
10. Consider and take appropriate action regarding splash pad options at Harmony
Park, including input/direction from Council to Staff to start construction and have
available next summer. (Strother, 8/1/2011)
11. Consider and take appropriate action regarding the Town’s park space located just
north of the new ball fields at the corner of Parkview and Bobcat Boulevard to
investigate whether or not it would be beneficial to place on the ballot, for citizens
approval, to sale and rezone as commercial and provide the proceeds towards
other parks and recreation needs. (Cantrell, 9/12/2011)
12. Consider and take appropriate action regarding the possibility of erecting a
marquee at the North entrance of the Town and asking the MUD and/or developers
to help with the funding. (Cantrell, 11/14/2011)
Town Council Page 83 of 83 Meeting Date: February 6, 2012