06.24.2024 TC Agenda Packet
TOWN OF TROPHY CLUB
MEETING AGENDA
TOWN COUNCIL
1 Trophy Wood Drive
Trophy Club, Texas 76262
June 24, 2024 6:00 PM Council Chambers
CALL WORK SESSION TO ORDER AND ANNOUNCE A QUORUM
WORK SESSION ITEM
1. Presentation and discussion of legal concerns regarding regulating short-term rental
properties. (Dean Roggia, Town Attorney and Brandon Wright, Town Manager)
ADJOURN WORK SESSION
CALL REGULAR MEETING TO ORDER (immediately following Work Session or 7:00
p.m., whichever is later)
INVOCATION
PLEDGES led by Council Member
Pledge of Allegiance to the American Flag
Pledge of Allegiance to the Texas Flag
PUBLIC COMMENT(S)
This is an opportunity for citizens to address the Council on any matter pursuant to Texas
Government Code 551.007. The Council is not permitted to discuss or take action on any
presentations made concerning matters that are not listed on the agenda. Presentations are
limited to matters over which the Council has authority. Speakers have up to three (3)
minutes or the time limit determined by the Presiding Officer. Each speaker must have
submitted their request to speak by completing the Speaker’s Form or may email
mayorandcouncil@trophyclub.org
COMMUNITY SPOTLIGHT
2. Trophy Club Stars and Stripes
3. Working for You... Trophy Club
a) Update from Town Council Members
Page 1 of 195
b) Update from Town Manager (Brandon Wright, Town Manager)
c) Quick Civic Tip (Dean Roggia, Town Attorney)
CONSENT AGENDA
This part of the agenda consists of non-controversial, or "housekeeping" items required by
law. Items may be removed from Consent by any council member by making such request
prior to a motion and vote.
4. Consider approval of the Town Council meeting minutes for the May 28, 2024, regular
meeting; June 6 and 7, 2024, Town Council retreat; and the June 10, 2024, regular
meeting. (Tammy Dixon, Town Secretary)
5. Consider a developer's agreement between the Town of Trophy Club and Beldonia Town
Homes, LLC for the Beldonia Townhomes and authorizing the Mayor or her designee to
execute same on behalf of the Town. (Matt Cox, Director of Community Development)
PUBLIC HEARINGS
6. Case PD-AMD-24-002 PD-30 Amendment Multi-tenant Monument
Conduct a public hearing and consider an ordinance amending Planned Development
District (PD-30) to allow a multi-tenant monument sign with CEVMS display located at
2200-2300 SH 114 on Lot 2, Block A, of the Trophy Club Town Center Addition, of the C.
Medlin Survey, Abstract No. 823, Denton County, Texas. (Matt Cox, Director of
Community Development)
INDIVIDUAL ITEMS
7. Consider a resolution casting the Town of Trophy Club's vote appointing a candidate to
the Denco Area 9-1-1 District Board of Managers. (Tammy Dixon, Town Secretary)
8. Consider authorizing the Town Manager to pay Oncor Electric Delivery Company, LLC
$43,215.12 for services rendered to lower a main power line required by the Indian
Creek/Fair Green Storm Drainage Project. (Matt Cox, Director of Community
Development)
9. Consider rescinding the previous Town Council motion on November 13, 2023 expanding
the community pool amenities through Phase 2 of the Community Pool Project and
authorizing the Town Manager to negotiate and execute a professional services
agreement with Parkhill for public engagement, the development of pool amenity options,
schematic design, and construction cost analysis services in the amount of $101,759.
(Chase Ellis, Director of Parks and Recreation)
ADJOURN
The Town Council may convene into executive session to discuss posted items as allowed
by Texas Government Code Sections 551.071 through 551.076 and Section 551.087.
Page 2 of 195
CERTIFICATION
I do hereby certify that the Notice of Meeting was posted on the bulletin board at the Town Hall
for the Town of Trophy Club, Texas, in a place convenient and readily accessible to the general
public at all times on the following date and time: June 19, 2024, at 3:15 p.m., and said Notice
of Meeting was also posted concurrently on the Town’s website in accordance with Texas
Government Code Ch. 551 at least 72 hours prior to the scheduled time of said meeting.
/s/ Tammy Dixon
Tammy Dixon, 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 6822372900, 48 hours in advance, and
reasonable accommodations will be made to assist you.
Page 3 of 195
DRAFTING SHORT-TERM RENTAL REGULATIONS
FINDING AN ENFORCEABLE AND DEFENSIBLE PATH FORWARD
RACHEL RAGGIO, ASSOCIATE ATTORNEY
TAYLOR, OLSON, ADKINS, SRALLA, & ELAM L.L.P.
6000 Western Place, Suite 200
Fort Worth, Texas 76107
(817) 332-2580
www.toase.com
Page 4 of 195
TOPICS OF DISCUSSION
Regulatory Overview
Constitutional Issues
Drafting, Adoption, & Implementation
Threshold Questions
Work Sessions
Public hearings
Initial stages of implementation
Case Studies
Page 5 of 195
REGULATORY OVERVIEW
CONSIDERATIONS TO KEEP IN MIND WHEN DRAFTING STR REGULATIONS
Page 6 of 195
CONSTITUTIONAL ISSUES
Brief overview of potential constitutional causes of action
Takings Claims
Short Term Rental All. of San Diego v. City of San Diego, No. 22 -CV-1831-LBGS, 2023 WL 3964059 (S.D. Cal. June 12, 2023)
Dormant Commerce Clause
Hignell-Stark v. City of New Orleans, 46 F.4th 317 (5th Cir. 2022)
Followed by Anding v. City of Austin, No. 1:22 -CV-01039-DAE, 2023 WL 4921530 (W.D. Tex. Aug. 1, 2023)
Due Process
Moskovic v. City of New Buffalo, No. 1:21 -CV-144, 2022 WL 16548948 (W.D. Mich. Oct. 31, 2022)
United Property Owners Ass’n v. Belmar, 447 A.2d 933 (Super. Ct. App. Div. 1982) – dated, but has appeared in plaintiff-side filings for short-term rental cases
Equal Protection
Paschal v. City & Cnty. of San Francisco, No. 22 -CV-03604-WHO, 2023 WL 1927738 (N.D. Cal. Feb. 10, 2023)
Fundamental Rights
City of Grapevine v. Muns, 651 S.W.3d 317 (Tex. App.- Fort Worth 2021)
Moskovic, 2022 WL 16548948.
Page 7 of 195
DRAFTING, ADOPTION, AND
IMPLEMENTATION
DEVELOPING DEFENSIBLE STR ORDINANCES
Page 8 of 195
THRESHOLD QUESTIONS
Identify the current status of short-term rentals in the city.
Any pre-existing STR regulations requiring amendment?
Any record of STR-related complaints?
What types of complaints?
Who complains? STR occupants, long-term residential neighbors?
Page 9 of 195
THRESHOLD QUESTIONS
What are the governing body’s goals?
Limit or reduce STRs?
Address nuisance-type issues?
Life safety for STR occupants?
Repair an existing ordinance?
Zoning regulations vs. traditional permitting & enforcement
Page 10 of 195
WORK SESSIONS
Consider: appointing a task force
Are STRs a particularly hot political topic?
Stakeholders: STR owners, residents, Council, tourism board
Staff work sessions
Representatives from departments involved
Police, fire, code, finance, planning/development, legal
Stress the importance of gathering data
Preliminary Council/Planning & Zoning work sessions
Page 11 of 195
CREATING A RECORD
Courts look more favorably upon regulations that have a strong basis in
public record
Complaints
STR data
Police/Code Enforcement calls
Municipal Court
Encourage staff to create a record in support of the regulations
What kind of record will you need if an STR owner brings a lawsuit?
Page 12 of 195
DRAFTING
Return to your threshold questions
Consider results of work sessions
Draft to address problem areas
STR density
Parking
Inspections/life safety
Nuisance-type violations
Permit transfers
Due process
Page 13 of 195
DRAFTING
Zoning ordinance or general code of ordinances?
Safety valves to protect against threats of litigation
Special exception to the Zoning Ordinance
How to handle nonconforming uses?
Identify appropriate appeal structures for permit revocation, suspension,
or denial
Who is the initial decisionmaker? (ex. planning director, city manager)
Who reviews their decision? (ex. city manager, City Council)
Set parameters for any appeal
Page 14 of 195
WORK SESSIONS (ROUND 2)
Helpful once an ordinance draft exists
Public Meetings
Planning & zoning bodies
City Council
Continued staff meetings
Focus on feasibility of implementation and enforcement
Consider software compatibility
More public input creates a better record
Page 15 of 195
ADOPTION
Public hearings
Still creating a record
Deliberations
Encourage governing body to discuss broader areas of concern related to
STR operations
Affordable housing
Preservation of neighborhood character
Rights of non-STR property owners
Page 16 of 195
IMPLEMENTATION
Effective date – does staff need time to prepare?
Consider software needs – check in with staff on capabilities
Assist with permit forms, form letters for notices of violation, etc.
Does everything match up with the ordinance?
Do any boards/commissions need training on STR-specific issues?
Zoning boards of adjustment if implementing mechanism like special
exception
Page 17 of 195
ENFORCEMENT
Remind staff: not every rental issue is an STR issue
Work closely with Code Enforcement and municipal court staff
Assist prosecutors with complaint language
Assist with development of internal policies for issuance of citations
Page 18 of 195
CASE STUDIES
EXAMPLES FROM EXPERIENCE
Page 19 of 195
I. THE BLANK SLATE: EULESS, TX
No pre -existing short-term rental ordinance
Proximity to Dallas-Fort Worth International Airport, entertainment
hotspots growing number of STRs
Desire to “get ahead of the curve”
Some existing STR operations
Receiving increasing numbers of complaints from residents
But no serious issues (yet)
Page 20 of 195
I. THE BLANK SLATE: EULESS, TX
Preliminary phase: multiple Council work sessions
Explain legal landscape + pitfalls
Identified particular concerns: parking and STR density
Drafting phase
Identify practical consideration (ex. consider neighborhood structures when
drafting density provisions)
Consider feasibility of enforcement
Adoption phase
Planning & Zoning Commission work session
Followed by public hearings at P&Z and Council
Page 21 of 195
I. THE BLANK SLATE: EULESS, TX
Sample density limitation & “safety valve”
“Short term rentals shall be limited to no more than one-eighth (12.5 percent) of the total number of residential units
on the block or in a multi-unit building. Notwithstanding the foregoing, at least one short-term rental shall be permitted
per block or multi-unit building, regardless of density.”
“In order to obtain a permit for a short-term rental that would exceed the density limitation of this section, a property
owner may apply to the zoning board of adjustment for a special exception in accordance with section 84-27 of the
code. The board may consider factors such as the following:
Whether operation as a short-term rental in excess of the density limitation will not adversely impact the residential quality of the
neighborhood in which the property is located;
Whether such operation is likely to disrupt adjacent owners’ right to the quiet enjoyment of their property (for example, by
considering whether lot sizes are small enough that noise is likely to affect neighboring property owners);
Whether such operation will substantially impact nearby streets, including whether the property provides only limited off-street
parking;
Whether the applicant seeks to operate an entire residence as a short-term rental or whether the short-term rental use is limited
to a portion of the residence;
Whether the applicant occupies the premises as their primary residence or uses it as an investment property; and
Whether other short-term rentals in excess of the density limitation are already operating on that block.”
Page 22 of 195
I. THE BLANK SLATE: EULESS, TX
Sample parking regulation
“Parking restrictions. Parking is restricted to the number of off-street parking spaces associated with
the residential structure, either in the driveway and garage or by location or number assigned to a
specific unit, and to on-street parking immediately adjacent to the property’s front lot line. It shall
otherwise be unlawful for an occupant or invitee of an occupant to park a motor vehicle on a
residential street near or across the street from a short-term rental. Additionally, it shall be unlawful
for an occupant to park a motor vehicle on an unimproved surface, or for an owner and/or operator
to permit such parking. All motor vehicles are further subject to the parking requirements of Chapter
82, Article IV of the code.
So…how do we enforce this?
Page 23 of 195
2. THE MIDDLE GROUND: BOERNE, TX
Pre -existing short-term rental ordinance with minimal regulation
(intended to be temporary)
Proximity to major metro; gateway to the Texas Hill Country
Some tourism, but primarily a mid-size residential community
Particular concerns?
Limiting future STR density
Restricting STRs to certain areas
Providing adequate parking
Page 24 of 195
2. THE MIDDLE GROUND: BOERNE, TX
Process was more staff-driven
Several Council work sessions & executive sessions
Coordinated with staff to identify inefficiencies of prior ordinance – no
meaningful regulation of parking, no density regulation, no appeal
provisions
Planning staff generated data and maps with different approaches to
density limitations (percentage-driven, separation distance)
Page 25 of 195
2. THE MIDDLE GROUND: BOERNE, TX
Sample density limitation & “safety valve”: a different approach
Location criteria and lot limitation.
Residential zoning districts. In areas zoned for residential use, no short-term rental shall operate within 200
feet of another short-term rental on the same block face, measured property line to property line. Only one
short-term rental may operate on any lot, property or parcel in an area zoned for residential use.
Overlay districts. Short-term rentals may operate on properties zoned for commercial use within the Historic
Overlay District, Downtown Overlay District, and River Road Overlay District with no separation
requirements. Short-term rentals may operate on properties zoned for residential use within the Historic
Overlay District, Downtown Overlay District, and River Road Overlay District, subject to the separation
requirement identified [for residential zoning districts].
All other commercial zoning districts. Short-term rentals shall not operate in areas zoned for commercial use
except to the extent permitted by [an overlay district].
Page 26 of 195
2. THE MIDDLE GROUND: BOERNE, TX
Sample density limitation & “safety valve”: a different approach
Special exception available. In order to obtain a permit for a short-term rental that would otherwise violate the minimum
separation distance and lot limitation described herein, a property owner may apply to the zoning board of adjustment
for a special exception in accordance with section 1.12(C) of the city’s unified development code. The board may
consider factors such as the following:
Whether operation as a short-term rental in excess of the density limitation will not adversely impact the residential quality of the
neighborhood in which the property is located;
Whether such operation is likely to disrupt adjacent owners’ right to the quiet enjoyment of their property (for example, by
considering whether lot sizes are small enough that noise is likely to affect neighboring property owners);
Whether such operation will substantially impact nearby streets, including whether the property provides only limited off-street
parking;
Whether the applicant seeks to operate an entire residence as a short-term rental or whether the short-term rental use is limited
to a portion of the residence;
Whether the applicant occupies the premises as their primary residence or uses it as an investment property; and
Whether other short-term rentals in excess of the minimum separation distance are already operating on that block.
Page 27 of 195
2. THE MIDDLE GROUND: BOERNE, TX
Sample parking regulation
Parking. A minimum of one parking space per bedroom rented shall be provided on site. On-street parking may
be counted toward the required parking spaces as long as it abuts the property, is a minimum of 25 feet in length
per space and provides adequate clear space for a mailbox and trash receptacle. It shall be unlawful for an owner,
operator, or occupant of a short-term rental to otherwise violate the city’s ordinance governing stopping, standing
and parking.
Key: consider typical features of neighborhoods in the city
Page 28 of 195
2. THE MIDDLE GROUND: BOERNE, TX
Sample appeal provision
(a)The revocation of a permit or the director’s denial of an application for a permit to operate a short-
term rental may be appealed to the city manager in accordance with the provisions of this section.
(b)An appeal filed under this section must be filed with the director no later than the 20th day following
the date on which the permit was revoked or denied. The appeal must be sworn and must identify
each alleged point of error, facts and evidence supporting the appeal, and reasons why the action of the
director should be modified or reversed.
(c)The city manager or a designee shall, not later than the 10th day after the date the notice of appeal is
filed, hear the appeal, and may affirm, modify or reverse a permit revocation or application denial.
(d)The city manager or designee shall give written notice of a decision on an appeal to the appellant.
(e)An appellant who seeks judicial review of the city manager's review on appeal must file a petition with
a court of competent jurisdiction not later than the 30th day after receipt of the notice of the
decision.
Page 29 of 195
3. THE TOURISM HOTSPOT: FREDERICKSBURG, TX
Two iterations of STR ordinances (adopted 2018 and 2022)
New ordinance likely to be adopted November 7
Significant tourism: wineries, breweries, cultural attractions, well-
preserved historic district
Overall lodging receipts, 2022: approx. $123 million
Short-term rental lodging receipts, 2022: approx. $87.5 million (71%)
(Fredericksburg Convention & Visitor Bureau 2022 Annual Report, https://www.visitfredericksburgtx.com/partners/cvb-annual-report /)
Page 30 of 195
3. THE TOURISM HOTSPOT: FREDERICKSBURG, TX
“Dark side” of STR operations
Significant numbers of housing stock in some single-family residential districts
converted to non-owner-occupied STR use
Party houses, traffic, transient neighbors
2018 ordinance: minimal regulation
2022 ordinance: aggressive regulation with no “safety valve,” unclear or inadequate
appeal procedures
Numerous threats of litigation following adoption of 2022 ordinance
Page 31 of 195
3. THE TOURISM HOTSPOT: FREDERICKSBURG, TX
Page 32 of 195
3. THE TOURISM HOTSPOT: FREDERICKSBURG, TX
Nov. 9, 2022: Mayor appointed a task force with participants from STR Alliance,
Neighborhood Coalition, and real estate industry
March 7, 2023: STR Task Force recommendations presented to Council
Multiple staff & Council work sessions
September 7, 2023: STR Ordinance Amendment to Planning & Zoning
October 3, 2023: STR Ordinance Amendment to City Council (1st reading)
October 17, 2023: STR Ordinance Amendment to City Council (2nd reading)
November 7, 2023: STR Ordinance to City Council for final adoption
Page 33 of 195
3. THE TOURISM HOTSPOT: FREDERICKSBURG, TX
Fixing the Past
Identifying the primary issues
Restrictions on permit transfers
Prohibition in one zoning district (R-1)
Automatic revocations/suspensions
Repeat offenders not adequately
addressed
Neutralizing litigation threats
Improving the Future
Creating a more enforceable, more
defensible ordinance
Improved appeal provisions
Improved treatment of nonconforming
uses
Improved procedural due process
Improved enforcement procedures
Two -Pronged Approach to Drafting
Page 34 of 195
3. THE TOURISM HOTSPOT: FREDERICKSBURG, TX
Particular Provisions at a Glance
Original Proposed
Permit transfers precluded following expiration of 10 days after
ownership transfer
Permit transfers allowed, but new application + fee required.
Permit transfer for nonconforming properties allowed for 90
days after ownership transfer
Prohibition on new STR-unoccupied in R-1 zoning district;
conditional use permit available
Prohibition on new STR-unoccupied in R-1 and R-2 zoning
districts; special exception available for stranded properties
Permit automatically barred for one year if caught operating
without a permit; discretionary suspension or revocation upon
conviction of any STR ordinance violation; concerns of
arbitrariness and unreasonableness as-applied
Permit referred to City Council for review upon accumulation
of multiple violations; Council may suspend permit for no more
than 90 days (or no more than 180 days upon second referral to
Council within 2-yr period); specific guidelines for Council’s
consideration
Complicated, inefficient enforcement for staff Still complicated, but specific, tiered enforcement structure to
target repeat offenders
Current ordinance available here as of this presentationPage 35 of 195
3. THE TOURISM HOTSPOT: FREDERICKSBURG, TX
Sample provision: referral for suspension
“Violations of this article shall be classified as follows:
Minor violations shall include any violations of section 20-222 not presenting a threat to health and safety or otherwise enumerated in
subsection 20-224(b)(1)(b).
Major violations shall include violations related to health and safety, occupancy, noise, a failure to update application information, an
unresponsive 24-hour contact, non-remittance of hotel occupancy tax, unlawful advertisements, and operations without a permit. Three (3)
citations for minor violations within a twelve (12) month period shall constitute one major violation.
If the director finds that the owner, operator, or any occupant of a short-term rental accumulates three (3) major violations
within a 12-month period, the director shall refer the short-term rental permit to city council for review. Upon consideration
of evidence presented by staff, city council may suspend the permit for up to ninety (90) days.
If a permit is referred to city council for review more than two (2) times within a 24-month period and the property ownership
has not changed, city council may revoke the permit or suspend the permit for a period between ninety (90) and one hundred
eighty (180) days, based on factors including (1) the frequency and severity of any repeated violations; (2) whether a violation
was committed intentionally or knowingly; and (3) any other information that demonstrates the degree to which the owner or
occupant has endangered public health, safety, or welfare.”
Page 36 of 195
3. THE TOURISM HOTSPOT: FREDERICKSBURG, TX
What about all those threats of litigation?
Treating each as an “appeal to the City Manager” of a permit decision under
the current ordinance
Each appeal to be decided after effective date of the new ordinance
Will apply new due process mechanisms
Page 37 of 195
SOME FINAL THOUGHTS
Expect this to be a long process
Expect a lot of public input & threats of litigation
Expect your governing body to push for a more aggressive approach
Remember to create a record to support the regulations
Coordinate closely with staff – more closely than may be typical
Page 38 of 195
QUESTIONS?
RACHEL RAGGIO
EMAIL: RRAGGIO@TOASE.COM
Page 39 of 195
ARTICLE 3.11
SINGLE-FAMILY RESIDENCE LICENSING
§3.11.001.Definitions.
For the purpose of this article, the following words and phrases have the meanings respectively
ascribed to them by this section:
Bedroom.A room used or intended to be used for sleeping purposes and not as a kitchen,
bathroom, living room, closet, hallway, utility space, entryway, garage, patio or breezeway.
Building inspector.The chief building official of the town or his designated representative.
Dwelling unit.A structure, or that part of a structure, which may be used as a home, residence
or sleeping place by one or more persons maintaining a common household to the exclusion
of all others.
Family.Any number of individuals living together as a single housekeeping unit, in which not
more than three (3) individuals are unrelated by blood, marriage or adoption. Foster children,
for the purpose of this definition, shall be considered as being related to their foster parent or
parents.
Landlord.Any owner, resident or nonresident, who leases or rents his single-family residence
to another.
Lease or rent.Any agreement which gives rise to a relationship of landlord and tenant.
Nonresident owner.Any person who does not live, stay or dwell in a single-family residence
which he/she owns.
Owner.A person claiming, or in whom is vested, the ownership, dominion or title of real
property, including but not limited to:
Person.Includes an individual, corporation, business trust, estate, trust, partnership or
association, two or more persons having a joint or common interest, or any other legal or
community entity.
Premises.A lot, plot or parcel of land, including any structure thereon, and furthermore
including a dwelling unit, appurtenances thereto, grounds and facilities held out for the use of
tenants generally and any other area or facility the use of which is promised to the tenant.
Property manager.A person who for compensation has managing control of a single-family
A holder of fee simple title;(1)
A holder of a life estate;(2)
A holder of a leasehold estate for an initial term of five years or more;(3)
The buyer in a contract for deed;(4)
A mortgagee, receiver, executor or trustee in control of real property;
but not including the holder of a leasehold estate or tenancy for an initial term of less than
five years.
(5)
Town of Trophy Club, TX
§3.11.001 §3.11.001
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residence for a nonresident owner.
Resident manager.A property manager or agent of a property manager who resides in the
single-family residence.
Resident owner.Any person who lives, stays or dwells in a single-family residence which he/
she owns.
Single-family residence.A single-family residence as referred to in this article shall include:
Single-family residence license.The license issued by the building inspector pursuant to this
article and referred to as the “license” in this article.
Single location.Property held in common ownership that is compact and contiguous property
separated only by public streets.
Tenant.Any person who occupies a dwelling unit for living or dwelling purposes with the
landlord’s consent.
(Ordinance 86-07, sec. II, adopted 2/10/86 ;2006 Code, ch. 3, sec. 14.01)
§3.11.002.Penalty.
Any person willfully violating any of the provisions of this article shall be subject to a fine,
upon conviction in the municipal court, of not less than one dollar ($1.00) nor more than two
thousand dollars ($2,000.00), and each and every day that the prohibited condition remains
and restoration, if required, not accomplished, shall constitute a separate offense. Those fines
shall be in addition to and cumulative of the provisions for the abatement of a nuisance and
the obtaining of injunctive relief.
(Ordinance 86-07, sec. X, adopted 2/10/86 ;Ordinance 98-28, sec. 7, adopted 10/20/98 ;
2006 Code, ch. 3, sec. 14.09)
§3.11.003.License required.
One-family dwelling (detached).A dwelling designed and constructed for occupancy
by one family and located on a lot or separate building tract and having no physical
connection to a building located on any other lot or tract and occupied by one family.
(1)
One-family dwelling (attached).A dwelling which is joined to another dwelling at one or
more sides by a party wall or abutting separate wall which is designed for occupancy by
one family and is located on a platted separate lot, delineated by front, side and rear lot
lines.
(2)
Two-family dwelling.A single structure designed and constructed with two dwelling
units under a single roof for occupancy by two families, one in each unit.
(3)
Condominium.The separate ownership of single dwelling units in a multiple-unit
structure or structures with common elements.
(4)
(a)It shall be unlawful for any nonresident owner to lease or rent a single-family residence
in the town without a current and valid license having been issued for said single-family
residence. Any nonresident owner leasing or renting a single-family residence at more
than one location shall obtain a license for each separate location.
Town of Trophy Club, TX
§3.11.001 §3.11.003
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(Ordinance 86-07, sec. III, adopted 2/10/86 ;2006 Code, ch. 3, sec. 14.02)
§3.11.004.Application for license; expiration; change of ownership or management.
(Ordinance 86-07, sec. IV, adopted 2/10/86 ;2006 Code, ch. 3, sec. 14.03)
§3.11.005.License fee.
The annual fee for a license, including any reinstatement license renewal under section
3.11.008(e), is as set forth in the fee schedule in appendix A of this code.
(Ordinance 86-07, sec. V, adopted 2/10/86 ;2006 Code, ch. 3, sec. 14.04)
(b)A nonresident owner, or the nonresident owner’s authorized agent, of a single-family
residence shall file with the building inspector any and all trade names under which he
operates with respect to the leasing or renting of each single-family residence.
(a)An applicant for a license shall file with the building inspector a written application upon
a form provided for that purpose, which shall be signed by the nonresident owner, or his
agent, or the property manager or resident manager if there be such. Should an applicant
own more than one single-family residence which he leases or rents, a separate
application shall be filed for each location. The following information shall be required
in the application:
(1)Name, address, and telephone number of nonresident owner, property manager,
resident manager, and mortgagee (if there is a mortgage against the property);
(2)Trade name of the nonresident owner, and names and addresses of all registered
agents in case the parties above named are corporations;
(3)Zoning categories;
(4)Number of bedrooms;
(5)Acknowledgment of receipt of a copy of the single-family residence licensing
ordinance and agreement to abide by same as a condition to receiving and
maintaining a license.
(b)Nonresident owners currently leasing or renting a single-family residence shall apply for
a license within 60 days of the effective date of this article.
(c)All licenses shall expire twelve (12) months from the date of issuance of the license.
(d)The building inspector may, at any time, require additional relevant information of the
nonresident owner or property manager to clarify items on the application.
(e)Upon a change in ownership of the single-family residence, a new license shall be
obtained within thirty (30) days of the change and a new annual period shall begin upon
the issuance of the license. The nonresident owner shall notify the town within thirty (30)
days of the change of ownership. The nonresident owner shall also notify the town of a
change of property manager or resident manager within thirty (30) days of the date of
such change.
Town of Trophy Club, TX
§3.11.003 §3.11.006
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§3.11.006.Display of license; replacement license; transfer.
(Ordinance 86-07, sec. VI, adopted 2/10/86 ;2006 Code, ch. 3, sec. 14.05;Ordinance
adopting Code)
§3.11.007.Licensing standards.
(Ordinance 86-07, sec. VII, adopted 2/10/86 ;2006 Code, ch. 3, sec. 14.06)
(a)A copy of each license issued pursuant to this article for a single-family residence shall
be given by the landlord to each head of household tenant to be maintained at all times at
the single-family residence for which such license is issued. The copy shall have the word
“Copy” stamped across its face.
(b)A replacement license may be issued for one lost, destroyed or mutilated upon
application on the form provided by the building inspector. A replacement license shall
have the word “Replacement” stamped across its face and shall bear the same number as
the one it replaces.
(c)A single-family residence license is neither assignable nor transferable.
(d)The form of the license shall be prepared by the building inspector.
(a)Continued maintenance and observance of the standards contained in this section are
conditions that shall be complied with in order to retain a license and to obtain any
renewal of a license.
(b)It shall be unlawful for any person to permit or allow more than one (1) family to reside
in any single-family residence dwelling unit.
(c)All town building, electrical, plumbing, health, zoning and other applicable codes,
including the minimum housing code, shall be complied with at all times.
(d)The licensee shall keep current records that reflect the following information:
(1)Number of all tenants occupying each unit;
(2)Head of household.
Said records shall be available for review by the building inspector of the town or his
designated representative during regular working hours and upon receipt of reasonable
notice.
(e)It shall be unlawful and a violation of this article for an owner, property manager or
resident manager to knowingly permit or allow a violation of any of the terms of this
section. It shall be unlawful for a tenant to violate any of the terms of this section or to
permit or allow any persons to reside in the unit in violation of this section.
(f)The requirements of subsection (b)of this section shall not be applicable to a family
residing in a dwelling unit on the effective date of this article nor during the time said
family continues to reside in the same dwelling unit. This exception does not apply to,
permit or allow any additional unrelated parties to reside in said occupied dwelling unit.
Town of Trophy Club, TX
§3.11.006 §3.11.008
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§3.11.008.Inspections; cancellation of license.
(a)Inspections generally.The nonresident owner, property manager and resident manager,
as a condition to the issuance of the license required by this article, shall consent and
agree to permit and allow the town’s building inspector to make the following
inspections of the single-family residence when and as needed to ensure compliance
with this article:
(1)Right and access to inspect all portions of the premises and structures located on the
premises that are not dwelling units. This includes all storage areas, community
buildings, swimming pools, athletic facilities, club rooms, equipment rooms and all
other portions of the facilities not constructed as dwelling units, upon reasonable
advance notice being given to the nonresident owner, property [manager] or resident
manager.
(2)Right and access to inspect all unoccupied dwelling units upon giving reasonable
notice to the nonresident owner, resident or property manager.
(3)Right and access to inspect all occupied dwelling units when, upon receipt of
reliable information, the building inspector has reason to believe that violations of
the Code of Ordinances of the town or state law exist that involve serious threats to
life, safety, health and property.
(4)Annually, the nonresident owner, resident manager or property manager shall make
all dwelling units in the single-family residence available for inspection by the
building inspector. The building inspector and the nonresident owner, resident
manager and property manager shall agree on a reasonable date and time for each
annual inspection. In the event the parties cannot agree on an inspection time, said
annual inspection shall occur within fourteen (14) days of the anniversary date of
the application for the license.
(b)Inspection of occupied units.The building inspector, or his agent, may enforce the
provisions of this article, upon presentation of proper identification to the occupant in
charge of any unit, and may enter, with the occupant’s permission, any unit between the
hours of 8:00 a.m. and 5:00 p.m.; provided, however, that in cases of emergency where
extreme hazards are known to exist which may involve imminent injury to persons, loss
of life or severe property damage, the building inspector may enter the aforementioned
dwellings at any time and the requirement for presentation of identification and the
occupant’s permission shall not apply. Whenever the building inspector is denied
admission to inspect any premises under this provision, inspection shall be made only
under authority of a warrant issued by a magistrate authorizing the inspection. In
applying for such a warrant, the building inspector shall submit to the magistrate an
affidavit setting forth his belief that a violation of this article exists with respect to the
place and the name of the person believed to be the occupant thereof. If the magistrate
finds that probable cause exists for an inspection of the premises in question, he may
issue a warrant authorizing the inspection, such warrant describing the premises with
sufficient certainty to identify the same. Any warrants issued will constitute authority
for the building inspector to enter upon and inspect the premises described herein.
Town of Trophy Club, TX
§3.11.008 §3.11.008
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(Ordinance 86-07, sec. VIII, adopted 2/10/86 ;2006 Code, ch. 3, sec. 14.07)
§3.11.009.Appeals.
(Ordinance 86-07, sec. IX, adopted 2/10/86 ;2006 Code, ch. 3, sec. 14.08)
(c)Reinspection fee.In the event any of the inspections authorized in this article require a
second reinspection due to noted violations, a reinspection fee as set forth in the fee
schedule in appendix A of this code shall be paid prior to the second reinspection.
(d)Withdrawal of certificate of occupancy and cancellation of license.Where the
nonresident owner, his agency, or property or resident manager fails to comply with the
terms of this article within thirty (30) days after receipt of written notice of the violation
from the building inspector setting out the violations and the time allowed to rectify the
violations, the nonresident owner’s certificate of occupancy may be withdrawn and the
license authorized by this article may be cancelled. Such failure to comply shall result in
the nonresident owner being cited to municipal court as provided in section 3.11.002.
Additionally, the building inspector may notify all public utility companies serving the
single-family residence that the certificate of occupancy has been withdrawn and
request that all public utility services be discontinued.
(e)Reinstatement of certificate of occupancy.Any person requesting a reinstatement or
reissuance of the certificate of occupancy shall be required to apply for and receive a
new license issued under this article as a condition precedent to the reissuance or
reinstatement of the certificate of occupancy.
(a)The nonresident owner, property [manager] or resident manager for such property may
appeal any decision or order of the building inspector to the town council by filing at the
office of the town secretary, within five (5) working days (Monday through Friday) after
such decision or order, during regular business hours, a written appeal of such decision
or order to the town council on a form to be supplied by the town secretary.
(b)As soon as practicable after receiving the written appeal, the town secretary shall fix a
date, time and place for the hearing of the appeal by the town council. Written notice of
such date, time and place of the hearing shall be given to each appellant by the town
secretary, either by causing a copy of such notice to be delivered to the appellant
personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at
his/her address shown on the written appeal.
(c)Failure of any person to file an appeal in accordance with the provisions of this article
shall constitute a waiver of his right to a hearing by the town council and the building
inspector’s decision shall be final.
(d)Orders of the building inspector are stayed pending appeal.
Town of Trophy Club, TX
§3.11.008 §3.11.009
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Page 45 of 195
TOWN COUNCIL COMMUNICATION
MEETING DATE: June 24, 2024
FROM: Tammy Dixon, Town Secretary
AGENDA ITEM: Consider approval of the Town Council meeting minutes for the May 28, 2024,
regular meeting; June 6 and 7, 2024, Town Council retreat; and the June 10,
2024, regular meeting. (Tammy Dixon, Town Secretary)
BACKGROUND/SUMMARY: The Town Council held the following meetings:
May 28, 2024, regular meeting
June 6 and 7, 2024 Town Council Retreat; and
June 10, 2024, regular meeting.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: N/A
LEGAL REVIEW: N/A
ATTACHMENTS:
1. 05.28.2024 draft minutes
2. 06.06.2024 draft retreat minutes
3. 06.07.2024 draft retreat minutes
4. 06.10.2024 draft minutes
ACTIONS/OPTIONS:
Move to approve the Town Council meeting minutes for May 28, 2024; June 6 and 7, 2024; and
June 10, 2024.
Page 46 of 195
Town of Trophy Club Town Council Meeting Minutes
May 28, 2024, 6:00 p.m., Work Session and Regular Meeting
1 Trophy Wood Drive, Trophy Club, Texas 76262
CALL WORK SESSION TO ORDER
Mayor Tiffany called the work session to order at 6:00 p.m.
COUNCIL MEMBERS PRESENT
Jeannette Tiffany, Mayor
Steve Flynn, Mayor Pro Tem
Stacey Bauer, Council Member Place 1
Jeff Beach, Council Member Place 2
Dennis Sheridan, Council Member Place 3
Rhylan Rowe, Council Member Place 4
LuAnne Oldham, Council Member Place 5
STAFF MEMBERS PRESENT
Brandon Wright, Town Manager
Maggie McCormick-Krukowski, Records Analyst
Dean Roggia, Town Attorney
Jason Wise, Fire Chief
April Duvall, Director of Finance
Matt Cox, Director of Community Development
Denise Deprato, Director of Human Resources
Chase Ellis, Director of Parks and Recreation
Jill Lind, Director of Communications and Marketing
Jon Ciarletta, Lieutenant
WORK SESSION ITEM
1. Presentation and discussion of updates to the Strategic Plan outline document.
(Brandon Wright, Town Manager)
Town Manager Wright, gave a presentation and provide a summary of the Town’s
strategic planning process highlighting the following:
• The strategic planning process began in January 2024.
• The draft plan included seven focus areas and nineteen objectives.
• Community engagement involved a video, a survey, and five focus group
sessions.
• 127 survey participants and 48 focus group members provided feedback.
• Based on feedback, focus areas reduced from seven to five.
• Eliminated focus areas: "Delivering Service with Excellence" and "Sharing
our Authentic Story."
• Refined definitions for clarity, emphasizing safeguarding lives in public
safety, utility coordination in infrastructure, objectives for aging in place, and
beautifying community spaces.
Page 47 of 195
Town Council Meeting Minutes - May 28, 2024 Page 2
• Revisions are included in the new Strategic Plan draft for Fiscal Year 2024 -
2025.
The Town Council members provided their input on the objectives.
ADJOURN
Mayor Tiffany adjourned the work session at 6:57 p.m.
CALL REGULAR MEETING TO ORDER
Mayor Tiffany called the regular meeting to order at 7:05 p.m.
INVOCATION
Rev. Bill Eason from Fellowship United Methodist Church led the invocation.
PLEDGES
Council Member Sheridan led the Pledge of Allegiance to the American and Texas
Flags.
PUBLIC COMMENTS
There were none.
COMMUNITY SPOTLIGHT
2. EMS Week (Jason Wise, Fire Chief)
Chief Wise gave a presentation highlighting EMS Week which was May 19-25,
2024, marking the 50th Anniversary of EMS Week. This year's theme was, “Honoring Our
Past. Forging Our Future.”
3. Working for You . . . Trophy Club
a) Update from Town Council Members
Council Member Oldham praised the annual Memorial Day Ceremony held on May
27th, highlighting its success in honoring fallen heroes. She noted that the ceremony saw
the attendance of many dignitaries, including Mayor Tiffany, Council Members, Senator
Tan Parker, and the family of U.S. Navy SEAL Gage Ingram.
Mayor Tiffany acknowledged Trophy Club Neighbors Magazine for featuring Mayor
Pro Tem Flynn and his wife on the cover of their May issue. The magazine, dedicated to
the residents of Trophy Club, Texas, highlights local stories, events, and profiles, foster ing
a sense of community and pride.
Page 48 of 195
Town Council Meeting Minutes - May 28, 2024 Page 3
b) Update from Town Manager
Town Manager Wright provided the following updates:
Severe Weather Alert: The Town experienced flooding and debris. Staff
monitored the situation, collected debris, barricaded high -water areas, and
canceled activities for resident safety. He added that residents were advised to
follow local news and weather updates.
Upcoming Meetings:
• CCPD Meeting: June 5, 2024, at 6:00 p.m.
• Town Council June Retreat: June 6-7, 2024
• Town Council Work Session & Meeting: June 10, 2024, Work Session at
6:00 p.m.
Events:
• Movie Night: "The Goonies," June 7, 2024, at Harmony Park.
• Fourth of July Events:
• Patriot 5K & Fun Run followed by the Parade of Patriots, concluding with an
evening of activities and fireworks.
• The Stars and Stripes Committee invites citizens to join in a meaningful
tradition where over 40,000 flags will line the streets of Trophy Club. Details
are available on the Trophy Club Stars & Stripes Facebook page.
Trophy Club MUD No. 1 Annual Water Line Replacement Project:
• The project will begin on Sonora Drive and then move to other areas
throughout town. This project is expected to take approximately five months
to complete. Fire hydrants will be out of service in certain areas while
construction is performed, and access to nearby residences' driveways will
be temporarily limited at times.
c) Quick Civic Tip
Town Attorney Dean Roggia provided an overview of Interlocal Agreements and
Cooperative Purchasing Agreements and explained they make the purchasing process
more efficient.
CONSENT AGENDA
4. Consider approval of the May 13, 2024, Town Council meeting minutes. (Tammy
Dixon, Town Secretary)
5. Consider authorizing the Town Manager to negotiate and execute an on -demand
concrete services contract with Manning Concrete in a total annual amount not to
exceed $75,000 with four one-year renewal options through an Interlocal
Page 49 of 195
Town Council Meeting Minutes - May 28, 2024 Page 4
Cooperative Purchasing Agreement with the City of Grapevine. (Matt Cox,
Community Development Director)
6. Consider accepting the Second Quarter Investment Report for Fiscal Year 2024.
(April Duvall, Director of Finance)
Council Member Sheridan moved to approve Consent Items 4-6. Council Member
Oldham seconded the motion.
VOTE ON MOTION
AYES: Bauer, Beach, Flynn, Tiffany, Sheridan, Rowe, Oldham,
NAYES: None
VOTE: 7-0
INDIVIDUAL ITEMS
7. First Reading: Consider a resolution approving a professional services agreement
between the Town of Trophy Club and the Economic Development Corporation
and The John R. McAdams Company, Inc. for a small area plan in a not-to-exceed
amount of $89,437. (Tamara Smith, Assistant to the Town Manager)
Mr. Wright explained the reason for two readings of the resolutions of the agenda was
required by state law. He mentioned that a request for proposals was issued for a
comprehensive small area plan targeting properties near State Highway 114 Frontage
Road and Trophy Wood Drive with objectives to enhance economic resilience, improve
quality of life, promote sustainability, facilitate future development, and address parking
needs.
Mr. Wright stated the EDC Board members selected McAdams due to their skillset,
experience with similar projects, and understanding of the plan’s goals.
Jameson Pinson, McAdams Project Manager gave a presentation highlighting their
experience and successful small area plans they have been involved in, discussed their
approach to the proposed project, and answered questions from the Town Council.
Council Member Sheridan had concerns on the wording of “undeveloped land” and
requested clarification from staff. Mr. Wright explained he would include the Small Area
Plan geographical area as provided in the Request for Proposals as an exhibit to the
agreement and resolution.
Council Member Sheridan moved to approve the first reading of a resolution, with
the corrections staff has agreed to, approving a professional services agreement between
the Town of Trophy Club and the Economic Development Corporation and The John R.
McAdams Company, Inc. for a small area plan in a not-to-exceed amount of $89,437.
Council Member Bauer seconded the motion.
Page 50 of 195
Town Council Meeting Minutes - May 28, 2024 Page 5
VOTE ON MOTION
AYES: Bauer, Beach, Flynn, Tiffany, Sheridan, Rowe, Oldham,
NAYES: None
VOTE: 7-0
8. Second Reading: Consider a resolution approving a professional services
agreement between the Town of Trophy Club and the Economic Development
Corporation and The John R. McAdams Company, Inc. for a small area plan in a
not-to-exceed amount of $89,437. (Tamara Smith, Assistant to the Town Manager)
Mayor Pro Tem Flynn moved to approve Resolution 2024-08 (second reading),
with the corrections staff has agreed to, approving a professional services agreement
between the Town of Trophy Club and the Economic Development Corporation and The
John R. McAdams Company, Inc. for a small area plan in a not-to-exceed amount of
$89,437. Council Member Oldham seconded the motion. The caption of the resolution
reads as follows:
RESOLUTION NO. 2024-08
A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING A
PROFESSIONAL CONSULTING SERVICES AGREEMENT BETWEEN THE TOWN OF
TROPHY CLUB, TEXAS, THE TROPHY CLUB ECONOMIC DEVELOPMENT
CORPORATION, AND THE JOHN R. MCADAMS COMPANY, INC., IN THE NOT-TO-
EXCEED AMOUNT OF $89,437.00; AUTHORIZING THE TOWN MANAGER TO
EXECUTE SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
VOTE ON MOTION
AYES: Bauer, Beach, Flynn, Tiffany, Sheridan, Rowe, Oldham,
NAYES: None
VOTE: 7-0
9. Consider a resolution authorizing and approving the Town of Trophy Club
Economic Development Corporation's Thrive Business Grant program. (Tamara
Smith, Assistant to the Town Manager)
Town Manager Wright provided an overview of the Thrive Business Grant
Program, which offers assistance to Trophy Club businesses. The program supports
exterior and interior enhancements, equipment, and signage upgrades, providing 75%
reimbursable matching grants of up to $20,000 for various business improvements.
A discussion ensued and Mr. Wright answered questions from the Town Council.
Council Member Sheridan moved to approve Resolution No. 2024-09 authorizing
and approving the Town of Trophy Club Economic Development Corporation's Thrive
Business Grant program, with an amendment to sunset the grant program by September
30, 2028. Mayor Pro Tem Flynn seconded the motion . The caption of the resolution
reads as follows:
Page 51 of 195
Town Council Meeting Minutes - May 28, 2024 Page 6
RESOLUTION NO. 2024-09
A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING THE
THRIVE BUSINESS GRANT -GUIDELINES AND APPLICATION; AND PROVIDING
AN EFFECTIVE DATE.
Council Member Rowe, supported by other council members, expressed concerns
regarding the program. They emphasized the need for grant funds to positively impact
business growth and increase the Town’s sales tax base, rather than merely offsetting
tenant operational costs. Key points included ensuring the program collects only one
application per business per funding cycle, limiting the scope of eligible projects, reducing
the scope of tenant operations, and ensuring the grant size is substantial enough to make
a significant impact.
A discussion followed about the program's eligibility and potential changes. Mr.
Wright clarified that while the Town Council approves the program, any modifications
must first be made and approved by the Economic Development Corporation (EDC).
Town Attorney Roggia explained that each grant application or project approved by the
EDC would include a performance agreement and require Town Council approval, noting
that the program is typical of other EDCs.
Mayor Tiffany called for a vote on the motion.
VOTE ON MOTION
AYES: Bauer, Beach, Flynn, Tiffany, Sheridan, Oldham,
NAYES: Rowe
VOTE: 6-1
10. Consider authorizing the Town Manager to negotiate and execute a facility use
agreement with the Trophy Club Municipal Utility District #1 for recreational use of
the Annex Building located at 1 Municipal Drive. (Chase Ellis, Parks & Recreation
Director)
Chase Ellis, Director of Parks & Recreation, stated the Town’s Summer Program,
previously held at Beck Elementary, has been moved due to the school's unavailability
and rising costs. The Town has partnered with Trophy Club Municipal Utility District #1
(MUD) to use the vacant Annex Building at 1 Municipal Drive rent -free through December
31, 2025. He explained the agreement also included the land next to the building which
will provide a green space for camp and future activities. The Agreement has been
approved by the MUD. The Town will cover utility costs and collaborate with the MUD to
improve the facility for future recreational use.
Town Manager Wright and Mr. Ellis answered questions from the Town Council
regarding the use of the word “Recreation Use” in the agreement, parking, and green
space clarification on Exhibit A of the agreement and future improvements. Mr. Wright
stated the motion would authorize him to negotiate the Town Council’s concerns.
Council Member Oldham moved to authorize the Town Manager to negotiate and
execute a facility use agreement with the Trophy Club Municipal Utility District #1 for
Page 52 of 195
Town Council Meeting Minutes - May 28, 2024 Page 7
recreational use of the Annex Building located at 1 Municipal Drive. Council Member
Buaer seconded the motion.
VOTE ON MOTION
AYES: Bauer, Beach, Flynn, Tiffany, Sheridan, Rowe, Oldham,
NAYES: None
VOTE: 7-0
11. Consider an ordinance amending the FY 2024 Budget, allocating funds for Mayor
& Town Council expenses, as well as Fire & EMS overtime expenses, and
establishing an effective date. (April Duvall, Director of Finance)
April Duvall, Director of Finance, provided a summary of the budget amendment
and answered questions from the Town Council.
Council Member Beach moved to approve Ordinance No. 2024-11 amending the
FY 2024 Budget, allocating funds for Mayor & Town Council expenses, as well as Fire &
EMS overtime expenses, and establishing an effective date. Council Member Bauer
seconded the motion. The caption of the ordinance reads as follows:
ORDINANCE NO. 2024-11
AN OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING THE TOWN’S ANNUAL BUDGET FOR THE FISCAL YEAR BEGINNING
ON OCTOBER 1, 2023, AND ENDING ON SEPTEMBER 30, 2024, AS ADOPTED BY
ORDINANCE NO. 2023-15, BY PROVIDING FOR ADJUSTMENTS TO THE GENERAL
FUND; PROVIDING THAT EXPENDITURES FOR SAID FISCAL YEAR SHALL BE
MADE IN ACCORDANCE WITH THE ANNUAL BUDGET, AS AMENDED; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
VOTE ON MOTION
AYES: Bauer, Beach, Flynn, Tiffany, Sheridan, Rowe, Oldham,
NAYES: None
VOTE: 7-0
12. Consider approval of the 2024 Strategic Plan Outline. (Brandon Wright, Town
Manager)
Town Manager Wright provided a summary of the changes to the 2024 Strategic
Plan Outline discussed during the work session. He explained following Council approval
the Town Council and staff will develop initiatives for each of the objectives listed in the
outline. Initiatives are expected to be developed during a two -day retreat on June 6 and
June 7 followed by work plan goals that will be developed through the end of September.
Mayor Pro Tem Flynn moved to approve the 2024 Strategic Plan Outline. Council
Member Beach seconded the motion.
Page 53 of 195
Town Council Meeting Minutes - May 28, 2024 Page 8
VOTE ON MOTION
AYES: Bauer, Beach, Flynn, Tiffany, Sheridan, Rowe, Oldham,
NAYES: None
VOTE: 7-0
ADJOUNMENT
Mayor Tiffany adjourned the Town Council meeting at 9:02 p.m.
____________________________
Jeannette Tiffany, Mayor
Attest:
_______________________________
Tammy Dixon, Town Secretary
Page 54 of 195
Town of Trophy Club Town Council Meeting Minutes
June 6, 2024, 8:30 a.m., Town Council Retreat
EOC Training Room, 1 Trophy Wood Drive, Trophy Club, Texas 76262
CALL TO ORDER
Mayor Tiffany called the meeting to order at 8:30 a.m.
COUNCILMEMBERS PRESENT
Jeannette Tiffany, Mayor
Steve Flynn, Mayor Pro Tem
Stacey Bauer, Council Member Place 1
Jeff Beach, Council Member Place 2
Dennis Sheridan, Council Member Place 3
Rhylan Rowe, Council Member Place 4
LuAnne Oldham, Council Member Place 5
STAFF MEMBERS PRESENT
Brandon Wright, Town Manager
Tammy Dixon, Town Secretary
Dean Roggia, Town Attorney
Jason Wise, Fire Chief
Patrick Arata, Police Chief
Matt Cox, Director of Community Development
April Duvall, Director of Finance
Denise Deprato, Director of Human Resources
Chase Ellis, Director of Parks and Recreation
Tamara Smith, Assistant to the Town Manager
PUBLIC COMMENTS
There were none.
ITEMS
Mayor Tiffany provided opening remarks and solicited feedback regarding the
importance of strategic planning.
Town Manager Wright provided an overview of the process of developing the
strategic plan and explained that staff developed draft initiatives for each of the objectives.
The goal of the retreat was to review, discuss, and develop final initiatives for each
objective and prioritize initiatives for FY 2025 budget and develop a correspon ding
workplan for the fiscal year to effectively execute these initiatives.
He explained that the participants were divided into four groups, which would
periodically change to work together on providing input for the initiatives.
Page 55 of 195
Town Council Retreat, June 6, 2024, Meeting Minutes Page 2
1. Visioning Trophy Club’s future
Town Manager Wright facilitated an exercise in which the group identified and
discussed Trophy Club's competitive advantages and disadvantages:
2. Develop initiatives for Strategic Plan Objectives.
The groups worked on initiatives for the objectives listed under Prioritize Public
Safety and Promote Quality of Life:
Prioritize Public Safety
Objective 1 Enhance community policing and public safety engagement.
Objective 2 Strengthen emergency management preparedness and education.
Objective 3 Create Strategies to address safety needs.
Objective 4 Enhance transparency, accountability, and engagement through
communication channels.
Promote Quality of Life
Objective 1 Create, implement, and maintain a comprehensive master plan for
Trophy Club’s public parks and recreation programs and spaces with
funding strategies.
Objective 2 Expand multi-generational and ability-focused initiatives.
Objective 3 Beautify community areas and medians through sustainable
plantings, tree upkeep, and design elements.
The Town Council recessed at 12:20 p.m. for a lunch break and reconvened at
1:02 p.m.
The groups worked on initiatives for the objectives listed under Strengthen
Infrastructure and Upholding Housing Standards:
Strengthen Infrastructure
Objective 1 Develop comprehensive maintenance plans and funding strategies
to support long-term infrastructure needs.
Objective 2 Create, implement, and maintain a comprehensive transportation
plan that includes options for walking, biking, and golf carts.
Objective 3 Partner with the TC MUD No. 1., NISD, and surrounding
stakeholders to coordinate capital projects.
Objective 4 Coordinate utility improvements.
Upholding Housing Standards
Objective 1 Protect neighborhoods with targeted rental management.
Objective 2 Improve neighborhood attractiveness through beautification
initiatives.
Page 56 of 195
Town Council Retreat, June 6, 2024, Meeting Minutes Page 3
At 4:31 p.m. Town Manager Wright asked the groups to stop working on initiatives.
Mayor Tiffany took a few minutes to thank everyone for their participation and appreciated
the process made thus far.
Mayor Tiffany adjourned the meeting at 4:41 p.m.
____________________________
Jeannette Tiffany, Mayor
Attest:
_______________________________
Tammy Dixon, Town Secretary
Page 57 of 195
Town of Trophy Club Town Council Meeting Minutes
June 7, 2024, 8:30 a.m., Town Council Retreat
EOC Training Room, 1 Trophy Wood Drive, Trophy Club, Texas 76262
CALL TO ORDER
Mayor Tiffany called the meeting to order at 8:32 a.m.
COUNCILMEMBERS PRESENT
Jeannette Tiffany, Mayor
Steve Flynn, Mayor Pro Tem
Stacey Bauer, Council Member Place 1
Jeff Beach, Council Member Place 2
Dennis Sheridan, Council Member Place 3
Rhylan Rowe, Council Member Place 4
LuAnne Oldham, Council Member Place 5
STAFF MEMBERS PRESENT
Brandon Wright, Town Manager
Tammy Dixon, Town Secretary
Dean Roggia, Town Attorney
Jason Wise, Fire Chief
Patrick Arata, Police Chief
Matt Cox, Director of Community Development
Ernest Gillespie, Chief Financial Analyst
Denise Deprato, Director of Human Resources
Chase Ellis, Director of Parks and Recreation
Tamara Smith, Assistant to the Town Manager
PUBLIC COMMENTS
There were none.
ITEMS
Mayor Tiffany provided opening remarks and reviewed again the importance of
strategic planning and requested feedback on the prior dates work process.
1. Continue developing initiatives for Strategic Plan Objectives.
Under the guidance of Town Manager Wright, the groups continued to work on
initiatives for the objectives listed under Upholding Housing Standards and Support
Business:
Upholding Housing Standards
Objective 3 Create innovative redevelopment strategies.
Objective 4 Improve aging in place options for residents.
Page 58 of 195
Town Council Retreat, June 7, 2024, Meeting Minutes Page 2
Support Business
Objective 1 Strengthen Trophy Club’s business aesthetics and cohesion.
Objective 2 Redevelop and create successful business areas fostering a unique
sense of place.
Objective 3 Develop policies that create a business positive environment.
Objective 4 Boost Trophy Club’s brand visibility through strategic marketing
efforts.
The Town Council recessed at 11:50 a.m. for a lunch break and reconvened at
12:32 p.m.
2. Prioritize Strategic Plan Initiatives for Fiscal Year 2025.
Town Manager Wright reviewed the draft initiatives (a total of 46) created by the
group and explained that the next step was to narrow down the top initiatives for the next
fiscal year. Each participant identified their top five initiatives, which ultimate ly resulted in
the identification of the top six initiatives for Fiscal Year 2025. The next step would be for
staff to create work plans for each of these initiatives.
Town Manager Wright explained that staff would take the draft initiatives and
create a final work product for the Town Council’s review.
Mayor Tiffany adjourned the meeting at 1:56 p.m.
____________________________
Jeannette Tiffany, Mayor
Attest:
_______________________________
Tammy Dixon, Town Secretary
Page 59 of 195
Town of Trophy Club Town Council Meeting Minutes
June 10, 2024, 6:00 p.m., Work Session and Regular Meeting
1 Trophy Wood Drive, Trophy Club, Texas 76262
CALL WORK SESSION TO ORDER
Mayor Tiffany called the work session to order at 6:00 p.m.
COUNCIL MEMBERS PRESENT
Jeannette Tiffany, Mayor
Steve Flynn, Mayor Pro Tem
Stacey Bauer, Council Member Place 1
Jeff Beach, Council Member Place 2
Dennis Sheridan, Council Member Place 3
Rhylan Rowe, Council Member Place 4
LuAnne Oldham, Council Member Place 5
STAFF MEMBERS PRESENT
Brandon Wright, Town Manager
Tammy Dixon, Town Secretary
Dean Roggia, Town Attorney
Jason Wise, Fire Chief
April Duvall, Director of Finance
Matt Cox, Director of Community Development
Denise Deprato, Director of Human Resources
Chase Ellis, Director of Parks and Recreation
Jill Lind, Director of Communications and Marketing
Patrick Arata, Chief of Police
WORK SESSION ITEM
1. Presentation and discussion of recommended changes to the appointment
process for boards and commission members, the creation of a new Boards &
Commission Member Handbook, the formation of ad-hoc committees and
subcommittees including the Appointment Committee and the Fiduciary Oversight
Committee (or Budget Committee), and the creation of a Council Rules &
Procedures Manual. (Tammy Dixon, Town Secretary and Brandon Wright, Town
Manager).
Town Manager Wright and Town Secretary Dixon reviewed the following items and
answered questions from the Town Council:
• Policies and procedures for appointing members to boards and commissions.
• Adding the requirement of a background check for applicants.
• Establishing procedures for ad-hoc committees to be created by ordinance or
resolution with specific goals and term dates.
• Town Council Subcommittees: Appointments Committee and Finance
Oversight Committee.
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Town Council Meeting Minutes – June 10, 2024 Page 2
• Draft Boards and Commissions Manual.
• Proposal for creating a Council Rules and Procedures Manual.
Following discussion, the Town Council’s feedback included:
• Training Requirements: Make training mandatory for all members; Include general
training for all members and board/commission -specific training; Cover
communication protocols at the dais; Training must be completed within a specified
time frame.
• Background Checks: Change terminology from "criminal history check" to
"background check". Consider placing background check history information in the
handbook rather than the ordinance.
• Ad-Hoc Committees: Include a sunset clause in the resolution for the ad -hoc
committee to cease existence within a one-year time frame.
• Nomination Process for Ad-Hoc and Town Council Subcommittees: Change the
process to: "The Mayor presents a list of nominations, and the Council reviews and
approves."
• Review inclusion of MUD Subcommittee under Town Council
• Draft Boards and Commission Manual: Include the background and initiating
documents for each board/commission. Receive input from Boards and
Commissions on draft documents.
Staff will update the documents and bring them back to council at a future work
session for discussion.
ADJOURN
Mayor Tiffany adjourned the work session at 7:01 p.m.
CALL REGULAR MEETING TO ORDER
Mayor Tiffany called the regular meeting to order at 7:11 p.m.
INVOCATION
Pastor Barry Clingan from the Church at Trophy Lakes led the invocation.
PLEDGES
Council Member Sheridan led the Pledge of Allegiance to the American and Texas
Flags.
PUBLIC COMMENTS
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Town Council Meeting Minutes – June 10, 2024 Page 3
There were none.
COMMUNITY SPOTLIGHT
2. Working for You . . . Trophy Club
a) Update from Town Council Members
Mayor Pro Tem Flynn and Council Members Rowe and Oldham shared their
positive experiences from the Town Council Retreat held on June 6-7, 2024.
Council Member Sheridan requested an update and information about the fiber
line placements happening around town to be provided at the next meeting.
Mayor Tiffany announced that at the June 24th Town Council Meeting, Ms. Isabella
Ramos, a third grader from Beck Elementary, will attend as Mayor for the Day.
b) Update from Town Manager
Town Manager Wright provided the following updates:
Town Manager Wright introduced Director of Communications Jill Lind to
announce that the Town of Trophy Club won two awards at the 2024 Texas Association
of Municipal Information Officers (TAMIO) conference. The town received an Award of
Excellence (2nd place) and an Award of Honor (3rd place).
Mr. Wright also announced that the Town Secretary’s Office won an award. Out of
595 cities in the Texas Municipal Clerks Association (TMCA), Trophy Club’s Town
Secretary’s Office was one of only 24 to receive the TMCA Achievement of Excellence
Award.
Upcoming Meetings and Events:
• Animal Shelter Advisory Board meeting, June 12, 2024, at 6:30 p.m.
• Fourth of July Events:
o Patriot 5K & Fun Run followed by the Parade of Patriots, concluding
with an evening of activities and fireworks.
o The Stars and Stripes Committee invites citizens to join in a
meaningful tradition where over 40,000 flags will line the streets of
Trophy Club. Details are available on the Trophy Club Stars & Stripes
Facebook page.
c) Quick Civic Tip
Town Attorney Dean Roggia provided an overview of Developer and Performance
Agreements.
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Town Council Meeting Minutes – June 10, 2024 Page 4
CONSENT AGENDA
3. Consider authorizing the Town Manager to negotiate and execute a professional
service agreement with Teague Nall and Perkins, Inc. in a not-to-exceed amount
of $411,500 for civil engineering, easement acquisition, bidding and construction
administration, and construction inspection services for the Inverness Drive
Drainage Improvement Project. (Matt Cox, Community Services Director)
4. Consider a developer agreement between the Town of Trophy Club and Wasatch
Properties, LLC for the Triple Crown Estates and authorizing the Mayor or her
designee to execute same on behalf of the Town. (Matt Cox, Community
Development Director)
5. Consider an ordinance revising sex offender regulations and residency restrictions
by amending Chapter 8 "Offenses and Nuisances," Article 8.06 "Sex Offender
Residency Restrictions" of the Code of Ordiances in its entirety. (Tammy Dixon,
Town Secretary/Patrick Arata, Chief of Police) Item pulled from Consent.
Council Member Sheridan requested item 5 be removed from Consent.
Mayor Pro Tem Flynn moved to approve Consent Items 3-4. Council Member
Oldham seconded the motion.
VOTE ON MOTION
AYES: Bauer, Beach, Sheridan, Tiffany, Rowe, Oldham, Flynn
NAYES: None
VOTE: 7-0
INDIVIDUAL ITEMS
5. Consider an ordinance revising sex offender regulations and residency restrictions
by amending Chapter 8 "Offenses and Nuisances," Article 8.06 "Sex Offender
Residency Restrictions" of the Code of Ordinances in its entirety. (Tammy Dixon,
Town Secretary/Patrick Arata, Chief of Police) Item pulled from Consent.
Council Member Sheridan commented the proposed ordinance removed the
authority of the Town Council to approve changes to the Safety Zone Map and re quested
to amend the proposed ordinance to add language that the Town Manager shall provide
notice to the Town Council when the map is updated.
Council Member Sheridan moved to approve Ordinance 2021-12 revising sex
offender regulations and residency restrictions by amending Chapter 8 "Offenses and
Nuisances," Article 8.06 "Sex Offender Residency Restrictions" of the Code of
Ordinances in its entirety. The motion was seconded by Council Member Rowe. The
caption of the ordinance reads as follows:
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Town Council Meeting Minutes – June 10, 2024 Page 5
ORDINANCE NO. 2024-12
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REVISING SEX
OFFENDER REGULATIONS AND RESIDENCY RESTRICTIONS BY AMENDING
CHAPTER 8 “OFFENSES AND NUISANCES,” ARTICLE 8.06 “SEX OFFENDER
RESIDENCY RESTRICTIONS” OF THE CODE OF ORDINANCES, TOWN OF TROPHY
CLUB, TEXAS, IN ITS ENTIRETY; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS
($500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR
CONTINUES; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION;
AND PROVIDING AN EFFECTIVE DATE.
VOTE ON MOTION
AYES: Bauer, Beach, Sheridan, Tiffany, Rowe, Oldham, Flynn
NAYES: None
VOTE: 7-0
6. Consider designating three council members to serve on a council subcommittee
formed for the purpose of providing fiduciary oversight of the budget, as well as
providing input regarding the administration of the budget and the budget process.
(Brandon Wright, Town Manager)
Mayor Tiffany recommended Mayor Pro Tem Flynn and Council Members
Sheridan and Rowe to serve on the council subcommittee formed for the purpose of
providing fiduciary oversight of the budget.
Council Member Rowe moved to approve the Mayor’s appointments. The motion
was seconded by Beach.
VOTE ON MOTION
AYES: Bauer, Beach, Sheridan, Tiffany, Rowe, Oldham, Flynn
NAYES: None
VOTE: 7-0
7. Consider designating three council members to serve on a Town Council
Appointments Committee tasked with making recommendations to the full Council
regarding appointments to all Boards, Commissions, and Corporations. (Brandon
Wright, Town Manager)
Mayor Tiffany recommend herself and Council Members Oldham and Beach to
serve on the Appointments Committee. Council Member Sheridan moved to approve the
mayor’s appointments. The motion was seconded by Mayor Pro Tem Flynn.
VOTE ON MOTION
AYES: Bauer, Beach, Sheridan, Tiffany, Rowe, Oldham, Flynn
NAYES: None
VOTE: 7-0
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Town Council Meeting Minutes – June 10, 2024 Page 6
EXECUTIVE SESSION/REGULAR SESSION
Pursuant to the Open Meetings Act, Chapter 551, the Town Council convened into
a Closed Executive Session at 7:34 p.m. and reconvened into Regular Session at 7:59
p.m. in accordance with the Texas Government Code regarding:
Section 551.076 and 551.089 to deliberate the deployment, or specific occasions
for implementation, of security personnel, critical infrastructure, or security devices; or a
security audit.
Council Member Sheridan moved to approve Resolution No. 2024-10 directing the
Town Manager to utilize $200,000 dedicated to Town Hall building improvements in the
FY 2024 Capital Improvement Plan to provide security enhancements to Town facilities .
Council Member Beach seconded the motion. The caption of the resolution reads as
follows:
RESOLUTION 2024-10
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB,
TEXAS, DIRECTING THE TOWN MANAGER TO UTILIZE $200,000 DEDICATED TO
TOWN HALL BUILDING IMPROVEMENTS TO PROVIDE SECURITY
ENHANCEMENTS TO TOWN FACILITIES
VOTE ON MOTION
AYES: Bauer, Beach, Sheridan, Tiffany, Rowe, Oldham, Flynn
NAYES: None
VOTE: 7-0
ADJOUNMENT
Mayor Tiffany adjourned the Town Council meeting 7:59 p.m.
____________________________
Jeannette Tiffany, Mayor
Attest:
_______________________________
Tammy Dixon, Town Secretary
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TOWN COUNCIL COMMUNICATION
MEETING DATE: June 24, 2024
FROM: Matt Cox, Director of Community Development
AGENDA ITEM: Consider a developer's agreement between the Town of Trophy Club and
Beldonia Town Homes, LLC for the Beldonia Townhomes and authorizing the
Mayor or her designee to execute same on behalf of the Town. (Matt Cox,
Director of Community Development)
BACKGROUND/SUMMARY: On April 25, 2023, the Town Council approved the Final Plat for
The Trophy Townhomes, now known as Beldonia Townhomes, consisting of seven (7)
townhome lots and one (1) common area lot and one (1) private street and utility access
easement lot on property. The developer’s agreement was not presented and approved with
the Final Plat due to staff, legal review, consultations, and revisions. As a result, this
developer’s agreement is now ready for consideration and approval, allowing Beldonia Homes,
LLC to commence infrastructure construction at Beldonia Townhomes.
As per subdivision Ordinance 10.02.201 requirements, a developer’s agreement shall be signed
by the Mayor after engineering plans and cost estimates have been approved. Beldonia Homes,
LLC is responsible for the public improvements principally listed in Chapter 10, Article 10.02
Division 4.
1. Water Distribution System
2. Sanitary Sewer System
3. Drainage and Storm Sewer
4. Street Construction
A homeowner’s association (HOA) will be created with the filing of the Final Plat that will be
responsible for the landscaping and screening, the private street lot and common area lot.
Additionally, the satisfaction of Parkland Dedication shall be paid prior to construction
beginning and the issuance of building permits.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: N/A
LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the developer's agreement as to
form and legality.
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ATTACHMENTS:
1. Developers Agreement PD 35 (The Trophy) - FINAL
ACTIONS/OPTIONS:
Staff recommends that the Town Council move to approve the developer's agreement between
the Town of Trophy Club and Beldonia Town Homes, LLC for the Beldonia Town Homes and
authorizing the Mayor or her designee to execute same on behalf of the Town.
Page 67 of 195
THE BELDONIA TOWN HOMES DEVELOPMENT CONTRACT
FOR
PUBLIC IMPROVEMENTS
WHEREAS, BELDONIA HOMES, LLC (the “Developer”), whose business address is 2825
Mona Vale Rd, Trophy Club, TX 76262, is the developer of real property located in the limits of the
Town of Trophy Club, being described as PD35 (the “Development”), an unrecorded subdivision to the
Town of Trophy Club, Texas being further identified on Exhibit A attached hereto; and
WHEREAS, Developer wishes to enter into this Development Contract for Public
Improvements (the “Agreement”) with the Town of Trophy Club, a Texas home-rule municipality (the
“Town”) to provide for the construction of certain public improvements (the “Public Improvements”),
as described in Exhibit B attached hereto and made a part hereof by reference, which, among other
things, are necessitated by and will serve the Development; and
WHEREAS, this agreement is entered into pursuant to Chapter 212 of the Texas Local
Government Code, and Town Code of Ordinances Chapter 10 - Subdivision Regulation, and the Public
Improvements are necessary to serve the Development and are roughly proportional to the benefits
received and burdens imposed by the Development; and
WHEREAS, this agreement is required to ensure that the Public Improvements are constructed
in accordance with the Town’s standard specifications for public works projects, applicable ordinances
and design criteria manuals (“Standard Specifications”), and the plans and specifications prepared by
Developer’s engineer, JDJR Engineers and Consultants, Inc. (“Developer’s Engineer”) dated May 2024,
which were approved by the Town and are on file in the office of: Teague, Nall & Perkins, Tom
Rutledge, Town Engineer, 100 Macon Street, Fort Worth, Texas 76102 (“Town Engineer”), which may
be amended with the written approval of the Town Engineer or their designee (the “Project
Specifications”), such Standard Specifications and Project Specifications being incorporated hereby by
reference and herein called collectively the “Plans and Specifications”; and
WHEREAS, the Developer understands and agrees that it is responsible for and has retained
at its sole expense, the Developer’s Engineer to design the Public Improvements in accordance with the
Plans and Specifications, taking into consideration the specific site conditions, including differing site
conditions, that may impact the Public Improvements; and
WHEREAS, the Developer shall provide for the construction of the Public Improvements by
and through the Developer’s contractor Affluency Homes LLC, 2261 Brookhollow Plaza Drive, Suite
208, Arlington, TX 76006 , a construction contractor experienced in the construction of improvements
similar to the Public Improvements. The Contractor shall 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 to participate in pre-construction meetings with the Town and all
Contractors; and
WHEREAS, Developer and Contractor recognize that the Town has an interest in ensuring
that the Public Improvements, which will, upon completion and acceptance by the Town, become public
property, are properly constructed in accordance with the Plans and Specifications and that full payment
by Developer is provided therefore;
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NOW, THEREFORE, the Developer, Contractor, and the Town (the “Parties”) for and in
consideration of the recitals above and their mutual promises and covenants contained herein agree as
follows:
1. Covenants of Developer and Contractor:
a. Construction:Developer and Contractor shall construct the Public
Improvements in accordance with the Plans and Specifications and complete
the Public Improvements on or before eighteen (18) months from the final
date of execution of this Agreement. Developer shall be responsible for all
monies due to the Contractor for construction of the Public Improvements. In
no event shall the Town be responsible for payment of any of the expenses or
costs to construct the Public Improvements. The Town Engineer in its
discretion may require the Developer to provide security for payments to the
Contractor, which may be in the form of a cash deposit with the Town, an
unconditional and irrevocable letter of credit, a dedicated construction
account with a lending institution approved by the Town Engineer, or other
security that the Town Engineer in their discretion deems adequate to ensure
that the Developer does not default in its payment obligations to the
Contractor.
b. Authority of Town Engineer, Inspections, Tests and Orders, Developer and
Contractor Warranty. All work on the Public Improvements shall be
performed in a good and workmanlike manner and to the satisfaction of the
Town Engineer or its representative. The Town Engineer shall decide all
questions, which arise as to the quality and acceptability of materials
furnished, work performed, and the interpretation of the Plans and
Specifications and may reject any work not performed in accordance with the
Plans and Specifications. The Contractor, its surety on the performance bond
required herein, and the Developer, warrant, that the Public Improvements
will be free from defects in materials and workmanship and that they will pay
to remedy same for a period of two years after the completion of the Public
Improvements and final acceptance by the Town. This warranty shall not
constitute a limitation on the duty to remedy latent defects in construction that
were not known at the time of final acceptance or within said two-year
warranty period. The Developer and Contractor shall furnish the Town
Engineer or their representative with every reasonable facility for ascertaining
whether or not the work performed was in accordance with the Plans and
Specifications applicable thereto. Any work done, or materials used without
suitable inspection by the Town may be ordered removed and replaced at
Contractor’s expense. The Town Engineer or its designee shall perform
periodic inspections of the work and shall perform a final inspection prior to
final acceptance by the Town and an inspection thirty (30) days prior to the
expiration of two years from the date of final completion, inspection, and
acceptance of the work by the Town. Upon failure of the Contractor to allow
for inspection, to test materials furnished, to satisfactorily repair, remove or
replace, if so directed, rejected, unauthorized or condemned work or
materials, or to follow any other request or order of the Town Engineer or its
representative, the Town Engineer shall notify the Developer of such failure
and may suspend inspections of such work until such failure is remedied. If
such failure is not remedied to the satisfaction of the Town Engineer, the
Town shall have no obligation under this agreement to approve or accept the
Public Improvements and the Town may withhold, suspend or revoke any
permits or other approvals for the Development until such matter is remedied
to the satisfaction of the Town Engineer.
Page 69 of 195
c. Insurance. Contractor shall provide insurance in form and substance in
accordance with the Town’s standard insurance requirements for public works
projects, which are on file in the Town and/or in the Office of the Town
Engineer and which are incorporated herein by reference.
d. Means and Methods of Construction. The means and methods of construction
shall be such as Contractor may choose; subject, however, to the Town’s right
to reject the Public Improvements for which the means or method of
constructions does not, in the judgment of the Town Engineer, assure that the
Public Improvements are constructed in accordance with Plans and
Specifications.
e. Books and Records. All of the Developer’s and the Contractor’s books and
other records related to the construction of the Public Improvements shall be
available for inspection by the Town.
f. Performance, Payment, and Maintenance Bonds. Prior to the execution of this
agreement, the commencement of construction, or the issuance of any
building permits, Developer or Contractor shall present to the Town
performance bond(s), payment bond(s), and maintenance bond(s) that meet
the requirements of Chapter 2253 of the Texas Government Code. Each bond
shall be in the full amount of the costs to construct the Public Improvements,
as estimated by the Developer’s engineer and approved by the Town Engineer,
in favor of the Town ensuring completion of the Public Improvements in
accordance with the Plans and Specifications and warranting against defects
in materials and workmanship for a period of two years from the date of final
acceptance by the Town. The Contractor shall provide a written estimate of
the costs to construct the Public Improvements. The estimated Public
Improvement construction costs shall be included in Exhibit B. The
performance bond(s), payment bond(s), and maintenance bond(s) shall be
executed by a corporate surety authorized to do business in Texas in
accordance with Chapter 2253 of the Texas Government Code, shall be on the
Town’s standard form or such other form approved by the Town, and shall
contain a local resident agent for service of process. The Developer or
Contractor may be a co-obligee on the performance bond with regard to the
Contract’s obligations.
g. Payment Bonds.The Developer or Contractor shall execute a payment bond
in the full amount of the costs to construct the Public Improvements in favor
of the Town insuring against claims from suppliers and subcontractors. The
payment bond shall be executed by a corporate surety authorized to do
business in Texas in accordance with Chapter 2253 of the Texas Government
Code, shall be on the Town’s standard form or such other form approved by
the Town, and shall contain a local resident agent for service of process. The
Developer or Contractor may be a co-obligee on the payment bond.
h. Retainage – Final Payments. As security for the faithful completion of the
Public Improvements, Contractor and Developer agree that the Developer
shall, retain ten (10) percent of the total dollar amount of the contract price
until after final approval or acceptance of the Public Improvements by the
Town. The Developer shall thereafter pay the Contractor the retainage, only
after Contractor has furnished to the Developer satisfactory evidence
including an affidavit that all indebtedness has been paid, that all indebtedness
connected with the work and all sums of money due for labor, materials,
apparatus, fixtures, or machinery furnished for all and used in the performance
of the work have been paid or otherwise satisfied. In addition, Contractor
Page 70 of 195
shall provide Developer with a consent to final payment from the payment
bond surety.
i. Encumbrances. Upon final completion, inspection, and acceptance of the
Public Improvements by the Town, the Public Improvements shall become
the property of the Town free and clear of all liens, claims, charges, or
encumbrances of any kind. If, after acceptance of the Public Improvements,
any claim, lien, charge or encumbrance is made, or found to exist, against the
Public Improvements, or land dedicated to the Town, to which they are
affixed, the Developer and Contractor shall upon notice by the Town promptly
cause such claim, lien, charge or encumbrance to be satisfied and released or
promptly post a bond with the Town in the amount of such claim, liens, charge
or encumbrance, in favor of the Town, to ensure payment of such claim, lien,
charge or encumbrance.
j.INDEMNIFICATION. THE DEVELOPER AND CONTRACTOR
SHALL AND HEREBY DO INDEMNIFY, DEFEND AND HOLD
HARMLESS, THE TOWN, ITS OFFICERS, AGENTS AND
EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS
OF ANY CHARACTER, NAME AND DESCRIPTION
BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR
DAMAGES RECEIVED OR SUSTAINED BY ANY PERSON,
PERSONS OR PROPERTY ON ACCOUNT OF THE
OPERATIONS OF THE CONTRACTOR, THEIR AGENTS,
EMPLOYEES OR SUBCONTRACTORS; OR ON ACCOUNT
OF ANY NEGLIGENT ACT OR FAULT OF THE
CONTRACTOR, THEIR AGENTS, EMPLOYEES OR
SUBCONTRACTORS IN CONSTRUCTION OF THE
IMPROVEMENTS; AND SHALL PAY ANY JUDGMENT,
WITH COSTS, WHICH MAY BE OBTAINED AGAINST
THE TOWN GROWING OUT OF SUCH INJURY OR
DAMAGE.
k. Approval by the Town Engineer of any plans, designs or specifications
submitted by Developer pursuant to this Agreement shall not constitute or be
deemed to be a release of the responsibility and liability of the Developer, or
the Developer’s Engineer, employees, officers or agents with respect to the
construction of any of the Development’s improvements or facilities, or for
the accuracy and competency of the Development’s improvements and
facilities design and specifications prepared by the Developer’s 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.
l. The Developer and Contractor shall comply with all local, state, and federal
laws, rules, and regulations, relating to drainage, flood control, runoff,
erosion, pollution, hazardous materials, waste, sedimentation, and any other
control and mitigation requirements related thereto. The Developer and
Contractor are responsible for all liability for drainage to adjacent and
downstream property, but only to the extent directly caused by the design and
construction of the Public Improvements contemplated by this Agreement.
Page 71 of 195
m. This 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 Agreement, the Town’s
Subdivision regulations, Town Ordinances, and State and Federal Law, shall
be construed in favor of the Town’s Ordinances as allowed by law, subject to
Chapter 245 of the Local Government Code. To the extent any such conflict
exists, only that portion of the Agreement 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.
n. 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 any rights, remedies, or privilege 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 forfeiture of any rights, remedies, or privileges under this Agreement
by the Town.
2. Agreement Controlling. The provisions of this Agreement shall control over any
conflicting provision of any contract between the Developer and Contractor, and any
other entity as it relates to the construction of the Public Improvements.
3. Covenants of Town of Trophy Club. Upon proper final completion and inspection of
the Public Improvements in accordance with this Agreement, the Town agrees to
accept the dedication of the Public Improvements.
4. Nexus and Rough Proportionality. The Developer acknowledges and agrees that there
is a reasonable nexus between the demands created by the Development and the Public
Improvements, and that the costs associated with the construction and dedication of
land for the Public Improvements is roughly proportional to the benefits received and
the burdens imposed by the Development. The Developer further acknowledges and
agrees that all prerequisites to such a determination of rough proportionality have been
met, and that any costs incurred relative to the conveyance, dedication, construction
costs and other payments, if any, for the Public Improvements are related both in nature
and extent to the impact of the Development. The Developer shall indemnify and hold
the Town harmless against any claim by it or others claiming through it, that the
required Public Improvements and associated dedication of land are unlawful
exactions pursuant to the indemnification provision of this Agreement. In addition to
the foregoing sentence, the Developer waives and releases all claims against the Town
related to any and all rough proportionality and individual determination requirements
mandated by Section 212.904, Texas Local Gov’t Code, or the Texas or U.S.
Constitutions as those claims relate to any theory of rough proportionality.
5. Venue and Governing Law. The Parties herein agree that this Agreement shall be
enforceable in Denton County, Texas, without regard to conflict of laws principles,
and if legal action is necessary in connection therewith, exclusive venue shall lie in
Denton County, Texas. The terms and provisions of this Agreement shall be construed
in accordance with the laws and court decisions of the State of Texas.
6. Successor and Assigns. This Agreement shall be binding upon and inure to the
benefit of the parties, hereto, their respective successors and assigns. This Agreement
may not be assigned without written consent of the Parties.
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7. Legal Construction. In case any one or more of the provisions contained in the
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other
provision of the Agreement, and the Agreement shall be considered as if such invalid,
illegal, or unenforceable provision had never been contained in the Agreement.
8. Counterparts. The Agreement may be executed in any number of counterparts, each
of which shall be deemed an original and constitute one and the same instrument.
9. Texas Public Information Act. Unless otherwise provided by law, all information,
documents, and communications relating to the Agreement shall be subject to the
Texas Public Information Act (“Act”) and any opinion of the Texas Attorney General
or a court of competent jurisdiction relating to the Act. The requirements of Subchapter
J, Chapter 552, Government Code, may apply to this Agreement and each party agrees
that this Agreement may be terminated with regard to such party if such party
knowingly or intentionally fails to comply with a requirement of that subchapter, if
applicable.
10. Governmental Function(s) and Immunity. The parties hereby acknowledge and agree
that the Town is entering into the Agreement in the performance of and pursuant to its
governmental functions for the health, safety, and welfare of the citizens of the Town,
the general public, and the State of Texas, and nothing contained in the Agreement
shall be construed as constituting a waiver of the Town’s governmental immunity from
suit or liability, which is expressly reserved to the fullest extent allowed by law.
11. Waiver of Attorney’s Fees. The parties expressly covenant and agree that in the event
of any litigation arising between the parties to this Agreement, each party shall be
solely responsible for payment of its attorneys (except as required pursuant to the
indemnity obligations in this Agreement) and that in no event shall either party be
responsible for the other party’s attorneys’ fees regardless of the outcome of the
litigation.
12. Additional Verifications. To the extent required by Texas law, the Developer and
Contractor each verify that: (1) It does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association, as
defined in Texas Government Code § 2274.001, and that it will not during the term of
the contract discriminate against a firearm entity or firearm trade association; (2) It
does not “boycott Israel” as that term is defined in Texas Government Code Ch. 2271
and § 808.001 and it will not boycott Israel during the term of this Agreement; and (3)
It does not “boycott energy companies,” as those terms are defined in Texas
Government Code §§ 809.001 and 2274.001, and it will not boycott energy companies
during the term of the Agreement.
13. Ethics Disclosure. To the extent required by law, the Developer and Contractor each
represent that it has completed a Texas Ethics Commission (the “TEC”) form 1295
(“Form 1295”) generated by the TEC’s electronic filing application in accordance with
the provisions of Texas Gov’t Code Ch. 2252.908 and the rules promulgated by the
TEC. The parties agree that, with the exception of the information identifying the
Town and the contract identification number, the Town is not responsible for the
information contained in the Form 1295.
Page 73 of 195
Executed this, __4th_____________day of _____April_____________________, 2024.
DEVELOPER:
NAME: _____________________________________
BY: ________________________________________
Name:
Title:
Address:
CONTRACTOR:
NAME: _____________________________________
BY: ________________________________________
Name:
Title:
Address:
TOWN OF TROPHY CLUB:
BY: _________________________________________
Jeannette Tiffany, Mayor
ATTEST:
BY: _________________________________________
Tammy Dixon, Town Secretary
APPROVED AS TO FORM:
BY: _________________________________________
Dean Roggia, Town Attorney
Page 74 of 195
Exhibit A
Legal Description
Page 75 of 195
Exhibit B
Estimated Public Improvement Construction Costs
Page 76 of 195
TOWN COUNCIL COMMUNICATION
MEETING DATE: June 24, 2024
FROM: Matt Cox, Director of Community Development
AGENDA ITEM: Case PD-AMD-24-002 PD-30 Amendment Multi-tenant Monument
Conduct a public hearing and consider an ordinance amending Planned
Development District (PD-30) to allow a multi-tenant monument sign with
CEVMS display located at 2200-2300 SH 114 on Lot 2, Block A, of the Trophy
Club Town Center Addition, of the C. Medlin Survey, Abstract No. 823, Denton
County, Texas. (Matt Cox, Director of Community Development)
BACKGROUND/SUMMARY: TC Town Center 2, LP is requesting an amendment to Planned
Development 30 (PD-30) to allow a proposed multi-tenant monument sign with Changeable
Electronic Variable Message Sign (CEVMS) display on Lot 2, Block A of the Trophy Club Town
Center Addition. Reference Figures 1 & 2 for location.
Figure 1
Page 77 of 195
Figure 2
Page 78 of 195
PD-30 Signage Provisions:
The existing Planned Development District 30 (PD-30) does not allow for Monument Signs and
Freestanding Development Identification Signs to advertise tenants. The PD does not
specifically address CEVMS signs but does reference compliance with the Town’s sign
regulations.
PD-30 provides for Development Identification Signs to be permitted through a Specific Use
Permit (SUP), and the number, location, size and lighting are determined through the SUP. No
standards are listed in the PD regulations for Development Identification Signs. The proposed
multi-tenant monument sign with CEVMS does not fit in the Freestanding Development
Identification Sign category in PD-30 due to the tenant advertising.
The Town Council, upon recommendation of the Town Planning & Zoning Commission, may
approve the construction of a new sign as a CEVMS per The Town of Trophy Club Code of
Ordinance, Chapter 3 "Building Regulations", Article 3.09 "Signs", Division 1 "Generally", allows
for Changeable Electronic Variable Message Signs (CEVMS), or signs with message boards.
Billboard signs are prohibited unless specifically authorized by the Town Council upon
recommendation of the Planning & Zoning Commission.
Page 79 of 195
As proposed, the structure is angled to face southeast to SH 114 and specified to be 35 feet tall
and 17 feet wide, featuring 20 illuminated tenant panels with white LED modules. The CEVMS
is 128 square feet and the tenant panel cabinet totals approximately 219 square feet. The
structure will be made from fabricated aluminum with a faux soldier brick line, painted to
match the existing building’s brickwork. The stone veneer will also match the existing building's
stone. The back side of the sign is proposed as stone veneer without any signage. The
development signage (Trophy Club Town Center) includes reverse channel letters illuminated
at 6500K white with a dark bronze outline to complement the main building’s color. Reference
Figures 3 and 4
Figure 3
Figure 4
Page 80 of 195
Information Requested:
Staff has asked the applicant to provide the following information, with the applicant's
responses in red.
1. Provide static display time for the proposed CEVMS (TXDOT governed regulation and
example static is 12 seconds); 8 seconds.
2. Verify the sign will not exceed ½ lumen measured at the nearest residentially zoned
property line and provide a photometric plan. Nearest residential property boundary is
approximately 395 feet from face of sign; Watchfire report shows 0.02 at Townhomes.
3. Verify the sign does not emanate a luminance more than .3 foot-candles above the
natural ambient light level of the location at the time of measurement, as measurement
from a point 100 feet from the sign face; Sign will be compliant with National lighting
requirements of no more than 0.3 foot-candles above existing ambient light levels, and
4. Provide landscape plan at base of sign that would include a groundcover and /or
seasonal color in front of the Trophy Club Town Center letters and shrubs at the sides of
the foundation. The side closest to the driveway location may be limited to
groundcover/seasonal color due to visibility Landscape plan is not available at this time,
but we plan to use the same seasonal color currently installed at each approach in
Town Center.
Summary:
The new multi-tenant monument sign with CEVMS is a strategic addition to the TC Town
Center. It has potential to enhance tenant visibility, attract more customers, and maintain the
Page 81 of 195
center’s aesthetic appeal. The project reflects a commitment to both functional and design
excellence, benefiting tenants and visitors alike.
The public hearing notice was published and mailed according to Texas Local Government Code
and the Town’s zoning regulations. At the time of agenda packet preparation, one inquiry
regarding the sign details had been received. No letters in support of or opposition to the item
had been received.
BOARD REVIEW/CITIZEN FEEDBACK: The Planning & Zoning Commission reviewed the Planned
Development 30 (PD-30) application at their June 6, 2024, meeting and unanimously (4-0)
recommended the item for approval.
FISCAL IMPACT: N/A
LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the ordinance as to form and
legality.
ATTACHMENTS:
1. Lighting Study-8x16, PD30 Report
2. Trophy Club Town Center - Monument Sign Drawings
3. Trophy Club Town Center- Monument sign with digital display- SPECIFICATIONS
4. PD 30 Ordinance for Mon. Sign 06.13.2024
ACTIONS/OPTIONS:
Staff recommends that the Town Council conduct the public hearing and move to approve the
ordinance amending Planned Development District 30 (PD-30) to allow a multi-tenant
monument sign display located at 2200-2300 SH 114 on Lot 2, Block A, of the Trophy Club
Town Center Addition.
Page 82 of 195
1 | watchfiresigns.com 800-637-2645
6/4/2024
LIGHTING STUDY
Watchfire Signs has been manufacturing outdoor electric signs since 1932 and LED signs since 1996.
Currently, we have more than 60,000 LED signs in operation worldwide.
History of Optical Measurements and Calculations
Outdoor signs using incandescent light bulbs commonly measured illuminance using meters that report
brightness in foot-candles. This unit is the standard measurement partly because a light bulb is a
source of light that illuminates equally in all directions. LED signs are measured with the same meter
even though its light does not illuminate equally in all directions. LED signs are designed to be highly
directional, which is an advantage. LEDs allow light to be directed toward an intended audience, rather
than dispersed in a wider arc out from the face of the sign.
In the LED industry luminance, or the intensity of visible light, is measured by nits, where one candela
per square meter is equal to one nit. However, luminance meters are expensive, difficult to use in the
field, and are not ideal for lighting studies commonly used for meeting local permitting requirements. As
a result, LED signs are often evaluated using foot-candle measurements.
A foot-candle is the amount of light produced by a single candle when measured from one foot away.
For reference, a 100-watt light bulb produces 137 foot-candles from 1 foot away, .0548 foot-candles
from 50 feet away, and .0137 foot-candles from 100 feet away.
Watchfire Signs is Compliant with National Lighting Requirements
Watchfire Signs has adopted brightness standards endorsed by both the International Sign Association
(ISA) and Outdoor Advertising Association of America (OAAA). Watchfire Signs’ products meet the
requirements set forth by both associations of no more than 0.3 foot-candles above existing ambient
light levels. Total foot-candles are dependent on size and distance and can be adjusted as needed.
Automatic Brightness Adjustment: All Watchfire signs automatically adjust brightness levels using
either a 100-step hardware photocell, or what is referred to as a software photocell (hardware
photocells are optional on OP Signs). Using the software photocell, the sign will automatically adjust
brightness based on the longitude and latitude location of the sign. The sign is appropriately dimmed or
brightened based around daily sunrise and sunset. A hardware photocell will automatically adjust a
sign’s brightness relative to changes in ambient light levels. For both options, a sign operator can
manually decrease the brightness from standard settings, but for safety reasons and in conformance to
industry codes, Watchfire cannot allow signs to operate brighter than standard settings.
Equipment used by Watchfire Signs to Measure Luminance
Foot-candles/Lux - Minolta Illuminance Meter T-10
Nits/candela/sq. m – Minolta Luminance Meter LS-100
Sign Calibration – Minolta CS-1000 Spectra radiometer
The proceeding study uses actual lab measurements made on modules using an illuminance meter.
These measurements and extrapolations were then scaled up to the size of the sign and distance
corrections were made using the inverse square law.
Page 83 of 195
2 | watchfiresigns.com 800-637-2645
SIGN LIGHTING STUDY
Sign Details
Size: 8’ x 16’
Location: Trophy Club Town Center, 2240 TX-114, Trophy Club, TX 76262
The table below represents a LED sign, demonstrating the increase in illuminance from the sign during
normal night operation. The values are within the standards of both the ISA and OAAA and indicate that
the ambient light broadcast into the surrounding area has minimal effect.
Foot-candles at night under normal operation
Horizontal Viewing Angle
Viewing Distance (ft) 0° 20° 40° 60° 70°
100 0.33 0.31 0.27 0.19 0.11
200 0.08 0.08 0.07 0.05 0.03
300 0.04 0.03 0.03 0.02 0.01
400 0.02 0.02 0.02 0.01 0.01
500 0.01 0.01 0.01 0.01 0.00
Page 84 of 195
3 | watchfiresigns.com 800-637-2645
Example Broadcast of Light at Distances and Angles
Conclusion
Given the above comparisons and measurements, the area will see an almost undetectable difference in ambient
light after installation of the digital LED Sign.
Ray Digby
Office 800-637-2645, ext 3006
email ray.digby@watchfiresigns.com
Page 85 of 195
7923 E. McKinney St., Denton, TX 76208
1
BILL SWIFT
240415
MULTI-TENANT MONUMENT
TROPHY CLUB TOWN CENTER/BECK VENTURES
2240 TX-114, TROPHY CLUB, TX 76262
6.1.22
7.12.22
7.15.22
7.20.22
7.22.22
8.18.22
3.21.24
EPS
CJR
CJR
CJR
CJR
CJR
CJR
R1
R2
R3
R4
R6
R8
7923 E. McKinney St., Denton, TX 76208
Page 86 of 195
7923 E. McKinney St., Denton, TX 76208
2
BILL SWIFT
240415
MULTI-TENANT MONUMENT
TROPHY CLUB TOWN CENTER/BECK VENTURES
2240 TX-114, TROPHY CLUB, TX 76262
6.1.22
7.12.22
7.15.22
7.20.22
7.22.22
8.18.22
3.21.24
EPS
CJR
CJR
CJR
CJR
CJR
CJR
R1
R2
R3
R4
R6
R8
ENLARGED FOR CLARIT Y 35'-0"±10'-0"±
SITE PLAN - AERIAL VIEW
A
A
Page 87 of 195
7923 E. McKinney St., Denton, TX 76208
3
BILL SWIFT
240415
MULTI-TENANT MONUMENT
TROPHY CLUB TOWN CENTER/BECK VENTURES
2240 TX-114, TROPHY CLUB, TX 76262
6.1.22
7.12.22
7.15.22
7.20.22
7.22.22
8.18.22
3.21.24
EPS
CJR
CJR
CJR
CJR
CJR
CJR
R1
R2
R3
R4
R6
R8
A PROPOSED NEW ELEVATION (SIGN FACES EAST AT A 45º ANGLE)
NIGHT VIEW
( 1 ) REQUIRED - MANUFACTURE & INSTALL 595 SQ. FT.
Page 88 of 195
7923 E. McKinney St., Denton, TX 76208
4
BILL SWIFT
240415
MULTI-TENANT MONUMENT
TROPHY CLUB TOWN CENTER/BECK VENTURES
2240 TX-114, TROPHY CLUB, TX 76262
6.1.22
7.12.22
7.15.22
7.20.22
7.22.22
8.18.22
3.21.24
EPS
CJR
CJR
CJR
CJR
CJR
CJR
R1
R2
R3
R4
R6
R8
FABRICATED ALUMINUM CAP. PTM EXISTING BUILDING CAPS
HDU FAUX SOLDIER BRICK LINE, PAINTED TO MATCH EXISTING
HDU FAUX SOLDIER BRICK LINE, PAINTED TO MATCH EXISTING
BUILDING BRICK
BUILDING BRICK
FABRICATED ALUMINUM TRIM. PTM BUILDING MAIN COLOR
CONCRETE MAINTENANCE PAD
3” DEEP REVERSE CHANNEL LETTERS, 6500K WHITE ILLUMINATION -
PTM MPC 313 DK BRONZE WITH OUTLINE TO MATCH MAIN
BUILDING COLOR - MTD. 2" OFF OF STONE w/ SPACERS
STONE VENEER TO MATCH BUILDING STONE
S/F, ALUM. FAB. CABINET SIGN - 2'-6" DEEP FILLER -
2½" RETAINERS & 2½" DIVIDER BARS - PAINTED 313 DK. BRONZE -
.090 INDIVIDUAL TENANT PANELS -
INTERNALLY ILLUMINATED w/ WHITE L.E.D. MODULES AS REQ'D.
(1) S/F 8' x 16' WATCHFIRE 10MM E.M.C. DISPLAY
FABRICATED ALUMINUM TRIM. PTM BUILDING MAIN COLOR
FABRICATED ALUMINUM TRIM. PTM BUILDING MAIN COLOR
SCALE: 3/16"=1'-0"S/F MULTI-TENANT MONUMENT (EAST ELEV.)BACK SIDEEND VIEW
(1) ONE REQUIRED-MANUFACTURE AND INSTALLA 595 SQ FTXX
A
A
ELEVATION
ELEVATION
( 1 ) REQUIRED - MANUFACTURE & INSTALL
MANUFACTURE & INSTALL ( 1 ) NEW SET OF
SCALE: 3/32" = 1'-0"X35'-0" O.A.H.8'-4" E.M.C.18'-6" CABINET19'-6" 1'-8" 6" 8½" 8½" 6" 6" 2'-7" 1'-8 3/8"V.O.1'-8 3/8"V.O.1'-8 3/8"V.O.1'-8 3/8"V.O.1'-8 3/8"V.O.1'-8 3/8"V.O.1'-8 3/8"V.O.1'-8 3/8"V.O.1'-8 3/8"V.O.1'-8 3/8"V.O.1'-11¼"1'-1¼"6"X
17'-0" CAP & E.M.C.6'-10" CAP
3'-6" STONE
14'-1" BASE
13'-5" STONE
11'-10" CABINET
N
W
S
ESITE PLAN - AERIAL VIEW
N
xx SQ. FT.
REMOVE
(BOTH SIDES)
TROPHY CLUB
VISION CARE
COOK CHILDREN'SSTARWOOD CAFÉ
WINGSTOP
JERSEY MIKE'S
ANAMIA'S
TEX-MEX
DAVID RYAN
SALON
TROPHY
NAIL SALON
YOGA 6
POKI BOWL
THAI TASTE
VO VETS
BEEM
LIGHT SAUNA
VISION CARE
GENUINE SMILES
FREEFORM
CHIROPRACTIC
SOCIAL OAK
ROSATI'S PIZZA
PET BAR
Page 89 of 195
MULTI TENANT MONUMENT SIGN WITH DIGITAL DISPLAY
(a) Location. Monument Sign to be located by main the entry to the Town Center
along HWY 114 oriented towards HWY 114 West bound to provide maximal
exposure to traffic. Exact location of sign to be reviewed and approved by staff.
(b) Dimensions. Monument sign shall not exceed 35’ in height and 20’ in width .
(c) Finishes. Material and color to be consistent with retail buildings.
(d) Tenant Panels. Tenant panels will be internally illuminated with each panel not to
exceed the following dimensions 6’ W x 2’ H
(e) Electronic Message Center. Monument sign to include (1) Electronic Message
Center to provide advertising for Trophy Club Town Center and its Tenants per
specifications below.
DIGITAL DISPLAY
(a) Effective area. The effective area of digital display may not exceed 150 square
feet.
(b) Display.
(1) The display comes equipped from the factory with automatic dimming
technology which adjusts the sign's brightness based on ambient light. A maximum of
7500 NITs during daylight with a maximum of 700 NITs at night are the factory
parameters.
(2) Before the issuance of a digital display sign permit, the applicant shall provide
written certification from the sign manufacturer that:
(A) the light intensity has been factory programmed to comply with the maximum
brightness and dimming standards in subsection (a) (1) and
(B) the light intensity is protected from end-user manipulation.
(c) Change of message. Changes of message must comply with the following:
(1) Each message must be displayed for a minimum of 8 seconds
(2) Changes of message must be accomplished within two seconds.
(3) Changes of message must occur simultaneously on the entire sign face.
(4) The sign shall display static images. No flashing, dimming, or brightening of
message is permitted except to accommodate changes of message.
Page 90 of 195
Trophy Club Town Center
Two-Way Average Daily Traffic on Trophy Club Dr.
Vehicles per Day
Vehicles per Month
Vehicles per Year
Population Statistics
Summary Age Cohorts 41.9
Population: < 18 23.7%
Population: 18 - 35 19.1%
Population: 35 - 50 19.0%
7.9%Population: 50 - 65 23.3%
4.4%Population: > 65 14.9%
Education Mode of Transportation to Work
Yearly Income by Household
Your Local Watchfire Contact
Legacy Signs of Texas
Bill Swift
bill@legacysignsoftexas.com
903-681-1705
2024-Apr-22
34,7022023 Estimate
Average HH Income:
Median HH Income:
'23 - '28 % Change
$204,230
$148,023
4,099
Some college
Assoc./prof. degree
'20 - '23 % Change
36,232
Master's or higher
2240 TX-114
8,097
5,187
Median Age:
Trophy Club, TX 76262 (0 - 3 mi)
8,216
6,622
6,580
With a load factor of 1.5 people 18+ years of age
per vehicle, traffic at your location delivers 69,249
daily impressions.
16,850,590
1,384,980
46,166
CPM Comparison
2020 Census
Rick Brown
Watchfire Signs makes no representation concerning the
accuracy of data obtained from state or national
geodatabase sources.
An LED display's CPM is often far lower than the
CPM of traditional media.
To calculate your estimated cost per thousand
impressions, or CPM, divide the daily cost of your
new display by the number of impressions per day,
and multiply by 1000.
172
Walked18.0%
2028 Projection
0
24
144
2,192
8,405
11,878
0.0%
1.0%
0
1.2%
Other means
This Report Was Prepared By:
32,161
97.2%
Bachelor's degree
Car, truck, or van
Public trans.
Motorcycle
Bicycle36.9%
3,810
4,289
16.7%
18.8%
9.6%
HS grad. or less
0.0%
0.2%
(•1 dot = 200 people)
Powered by Sitewise Pro Traffic Source: Kalibrate Demographics: STI PopStats
Page 91 of 195
Page 92 of 195
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2024-XX P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING ORDINANCE NO. 2024-05 P&Z, WHICH AMENDED
ORDINANCE NOS. 2016-11 P&Z, 2014-06 P&Z, AND 2012-04 P&Z,
KNOWN AS PD PLANNED DEVELOPMENT NO. 30 (“PD-30”), AND
ALSO KNOWN AS TROPHY CLUB TOWN CENTER, WHICH IS
DESCRIBED ON EXHIBIT “A” HERETO, BY PROVIDING AN
AMENDMENT TO EXHIBIT “B” OF ORDINANCE NO. 2024-05
ENTITLED “PLANNED DEVELOPMENT DISTRICT DEVELOPMENT
STANDARDS” BY AN AMENDMENT TO SECTION II “DEVELOPMENT
STANDARDS”, SUBSECTION H “SIGNAGE, CLOCK TOWER AND
MISCELLANEOUS”, AND SUBPARAGRAPH 1.c. “FREESTANDING
DEVELOPMENT IDENTIFICATION SIGNS”, TO ALLOW A MULTI-
TENANT MONUMENT SIGN WITH CEVMS DISPLAY, AS MORE
SPECIFICALLY SET FORTH IN EXHIBITS “B” AND “B-1”, ATTACHED
HERETO AND INCORPORATED HEREIN, AMENDING ORDINANCE
NO. 2000-06 THE COMPREHENSIVE ZONING ORDINANCE AND THE
OFFICIAL ZONING MAP; PROVIDING THAT THIS ORDINANCE SHALL
BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS
CLAUSE; PROVIDING SEVERABILITY; 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; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club (hereinafter referred to as the “Town”) is a
Home Rule Municipality acting under its Charter adopted by the electorate pursuant to
Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local
Government Code; and
WHEREAS, the Town previously approved Ordinance No. 2024-05 P&Z amending
Exhibit “B” on April 22, 2024, as the Developer requested various amendments; and
WHEREAS, the Town previously approved Ordinance No. 2016-11 P&Z amending
Exhibit “B” on March 29, 2016, as the Developer requested various amendments; and
WHEREAS, the Town previously approved Ordinance No. 2014-06 P&Z amending
Exhibit “B” on March 3, 2014, as the Developer requested various amendments; and
WHEREAS, Exhibit “B”, which is entitled “Planned Development District
Development Standards” to Ordinance No. 2012-04 P&Z, as amended, sets forth
definitions, development standards, procedures and exhibits, each of which collectively
and individually regulate the use and development of land within PD-30; and
Page 93 of 195
ORD 2024-XX P&Z Page 2 of 14
WHEREAS, the requested amendments to Exhibit “B” are specifically set forth in
the amended Exhibit “B”, a copy of which is attached hereto and incorporated herein;
and
WHEREAS, after public notice was given in compliance with State law and a public
hearing was conducted, and after considering the information submitted at t he public
hearing and all other relevant information and materials, the Town’s Planning and Zoning
Commission has recommended to the Town Council the adoption of the amendments to
Exhibit “B” as set forth in this Ordinance; and
WHEREAS, after complying with all legal notices, requirements, and conditions, a
public hearing was held before Town Council at which the Town Council considered the
proposed amendments and considered, among other things, the impact of the proposed
amendments on density, the character of the land, and its suitability for particular uses,
with a view of encouraging the most appropriate use of land in the Town, and the Council
does hereby find that the adoption of the amendments to Exhibit “B” as set forth in this
Ordinance hereby accomplish such objectives; and
WHEREAS, the Town Council has determined that the proposed standards
provide appropriate regulatory requirements to control future residential and non -
residential developments in accordance with the Town’s Comprehensive Land Use Plan;
and
WHEREAS, after due deliberations and consideration of the recommendation of
the Planning and Zoning Commission and the information and other materials received
at a public hearing, the Town Council has concluded that the adoption of this Ordinance
is in the best interests of the Town and of the public health, safety, and welfare; and
WHEREAS, the Town Council has determined that there is a necessity for the
amendments to Ordinance No. 2024-05 P&Z, and the Town Council has also determined
that this Ordinance should be adopted, that the proposed changes amending Exhibit “B”
are consistent with the Comprehensive Land Use Plan, and that the terms of this
Ordinance shall replace those terms contained in Exhibit “B” to Ordinance No. 2024-05
P&Z as specifically set forth herein and that all terms of Ordinance Nos. 2016-11 P&Z,
2014-06 P&Z, and 2012-06 P&Z that are not expressly amended by this Ordinance shall
continue in full force and effect.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
Page 94 of 195
ORD 2024-XX P&Z Page 3 of 14
SECTION 2.
AMENDMENTS
2.01 After due deliberations and consideration of the recommendation for approval
made by the Town’s Planning and Zoning Commission and the information and other
materials received at a public hearing, the Town Council has concluded that the adoption
of this Ordinance is consistent with the Comprehensive Land Use Plan and general
zoning of the Town and is in the best interests of the Town of Trophy Club, Texas, and of
the general public health, safety, and welfare. Therefore, Ordinance No. 2024-05, the
same being PD-30 is hereby amended in accordance with this Ordinance, and as more
particularly set forth in Exhibit “B”, a copy of which is attached hereto and incorporated
herein.
2.02 Section II “Development Standards”, Subsection H “Signage Clock Tower and
Miscellaneous”, Subparagraph 1.c “Freestanding Development Identification Signs” of
Exhibit “B” which is entitled “Planned Development District Development Standards” is
specifically amended and replaced in its entirety to read as follows:
“c. Freestanding Development Identification Signs.
i. Number of signs, location, size and lighting shall be determined by
SUP.
ii. Notwithstanding numeral “i” (above), the following Monument Sign
shall be allowed: A multi-tenant monument sign with CEVMS display,
depicted in Exhibit “B-1”, shall be allowed for 2200 SH 114, Lot 2,
Block A of Trophy Club Town Center Addition. This sign shall not
exceed 35 feet in height and shall not exceed 17 feet in width. The
CEVMS panel shall not exceed 128 square feet and the tenant panel
cabinet shall not exceed 220 square feet. The structure shall be
made of fabricated aluminum with a faux soldier brick line, painted to
match the existing building’s brickwork and the stone veneer will
match the building stone. The rear portion of the sign shall be
constructed of stone veneer with no additional signage on its façade.
The portion of the sign indicating the Trophy Club Town Center will
include reverse channel letters illuminated at 6500 white with a dark
bronze outline. No portion of the sign shall exceed one-half (½)
lumen measured at the nearest residentially zoned property line. The
CEVMS display time shall be governed by TxDOT regulations, as
they exist or may be amended.”
2.03 Amendment to Comprehensive Zoning Ordinance. Ordinance No. 2000-06
P&Z of the Town of Trophy Club, Texas, the same being the Town's Comprehensive
Zoning Ordinance, is hereby amended to reflect the development standards set forth in
Exhibit “B” and all other articles, chapters, sections, paragraphs, sentences, phrases
and words are not amended but are hereby ratified and affirmed:
Page 95 of 195
ORD 2024-XX P&Z Page 4 of 14
The development standards for this PD Planned Development are attached hereto
as Exhibit “B”, “Planned Development District Development Standards”, and are
incorporated herein as if copied in their entirety. Such standards and regulations include,
but are not limited to, General Conditions, Development Standards, Procedures, and
Exhibits. Such Planned Development District Development Standards as amended
hereby shall be adhered to in carrying out the development of the Land in accordance
with this Ordinance, and shall individually and collectively constitute conditions precedent
to the granting of any building permit or Certificate of Occupancy for all structures and
Land within PD Planned Development No. 30.
SECTION 3.
APPLICABLE REGULATIONS
In all respects, the land shall be subject to the applicable regulations contained in
the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances
and regulations of the Town.
SECTION 4.
ZONING MAP AMENDMENT
The Planning and Zoning Coordinator is hereby directed to mark and indicate on
the official Zoning District Map of the Town the zoning change herein made.
SECTION 5.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other provisions of ordinances of the
Town, except where the provisions of this Ordinance are in direct conflict with the
provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
SECTION 6.
SAVINGS
All rights and remedies of the Town are expressly saved as to any and all violations
of the provisions of any other Ordinance affecting regulations governing and regulating
the zoning, platting, and subdivision of land which have secured at the time of the effective
date of this Ordinance; and, as to such accrued violations and all pending litigation, both
civil and criminal, whether pending in court or not, under such Ordinances same shall not
be affected by this Ordinance but may be prosecuted until final disposition by the courts.
SECTION 7.
SEVERABILITY
The sections, paragraphs, sentences, phrases, clauses and words of this
Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word
Page 96 of 195
ORD 2024-XX P&Z Page 5 of 14
in this Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance, and the Town Council he reby declares
that it would have passed such remaining portions of this Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 8.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision hereof shall be fined, upon
conviction, in an amount not less than One Dollar ($1.00) nor more than Two Thousan d
Dollars ($2,000.00), and a separate offense shall be deemed committed each day during
or on which a violation occurs or continues.
SECTION 9.
PUBLICATION
The Town Secretary of the Town of Trophy Clu b is hereby directed to publish the
caption and penalty clause of this Ordinance as required by Section 3.16 of the Town’s
Charter.
SECTION 10.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas on this 24th day of June, 2024
Jeanette Tiffany, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Tammy Dixon, Town Secretary
Town of Trophy Club, Texas
Page 97 of 195
ORD 2024-XX P&Z Page 6 of 14
APPROVED TO AS FORM:
Dean Roggia, Town Attorney
Town of Trophy Club, Texas
Page 98 of 195
ORD 2024-XX P&Z Page 7 of 14
EXHIBIT “A”
The subject property is legally described as Lot 2, Block A, Trophy Club Town Center
Addition, Denton County, Town of Trophy Club, Texas. The property is addressed as
2200 SH 114, Trophy Club, Texas 76262.
Page 99 of 195
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EXHIBIT “B-1”
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Page 105 of 195
TOWN COUNCIL COMMUNICATION
MEETING DATE: June 24, 2024
FROM: Tammy Dixon, Town Secretary
AGENDA ITEM: Consider a resolution casting the Town of Trophy Club's vote appointing a
candidate to the Denco Area 9-1-1 District Board of Managers. (Tammy Dixon,
Town Secretary)
BACKGROUND/SUMMARY: Chapter 772, Texas Health and Safety Code, provides for the Denco
Area 9-1-1 District Board of Managers to have “two members appointed jointly by all the
participating municipalities located in whole or part of the district”. Each year the term of one
of the two members appointed by participating municipalities expires.
Denco Area 9-1-1 District is requesting each participating municipality vote for one of the
nominees, with a deadline of July 31, 2024. Jim Carter and Greg Kohn are the nominees.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: N/A
LEGAL REVIEW: Town Attorney, Dean Roggia, has reviewed the draft resolution as to form and
legality. The resolution will be finalized pending the Town Council's selection of one of the
nominees.
ATTACHMENTS:
1. Denco Area 9-1-1 District Board of Managers Voting Packet
2. Draft Resolution Denco 9-1-1 2024
ACTIONS/OPTIONS:
Staff recommends that the Town Council move to approve a resolution casting the Town of
Trophy Club's vote appointing either Jim Carter or Greg Kohn to the Denco Area 9-1-1 District
Board of Managers.
Page 106 of 195
www.denco.org
TO: Denco Area 9-1-1 District Participating Municipal Jurisdictions
FROM: Greg Ballentine, Executive Director
DATE: June 3, 2024
RE: Appointment to the Denco Area 9-1-1 District Board of Managers
On April 1, 2024, the Denco Area 9-1-1 District requested municipalities to nominate a representative to the
district board of managers for the two-year term beginning October 1, 2024. Denco received the following
nominations by the May 31, 2024 deadline:
Nominee City/Town Making Nomination
Jim Carter City of Aubrey
City of Lewisville
City of Oak Point
City of Pilot Point
City of The Colony
Town of Bartonville
Town of Copper Canyon
Town of Double Oak
Town of Hickory Creek
Greg Kohn City of Highland Village
The Denco Area 9-1-1 District requests that each municipality vote for one of the candidates and advise the
district of its selection by 5 p.m. on July 31, 2024. No votes will be accepted after that time. If a nominating
municipality does not formally vote, it’s nomination will automatically count as a vote for its nominee. Please
send a copy of the resolution recording council action. We have provided candidate resumes and a list of current
Denco board members.
Please send a copy of your council’s official action to the Denco Area 9-1-1 District, 1075 Princeton Street,
Lewisville, TX 75067 or to Melinda Camp at melinda.camp@denco.org. We will acknowledge receipt of all votes.
Thank you for your assistance in this matter.
Page 107 of 195
JIM CARTER
6101 Long Prairie Road
Ste 744-110
Flower Mound, Texas 75028
(817) 239-7791
jim.carter1@icloud.com
EDUCATION
College Degree: University of Georgia, B.B.A. Finance
Postgraduate: Georgia Tech, University of Tennessee, University of
Michigan, Texas Women’s University, American
Management Association
PROFESSIONAL EXPERIENCE
Department Head, Finance General Motors Corporation
Zone Vice-President Frito-Lay, Inc., International and Domestic Development
President, C.E.O. Mercantile Corporation
Responsible for 3 Banks, developed 2,000 prime
commercial acres in Fort Worth adjacent to I-35W,
Current: Principal James P. Carter & Associates – Consultant & Mediator
To business and governmental entities
Professional Licenses Texas Real Estate License, Certified Mediator
PUBLIC SERVICE EXPERIENCE
Mayor Trophy Club, Texas – 14 years
Municipal Court Judge Trophy Club, Texas – 12 years
Emergency Manager Trophy Club, Texas – 14 years
County Commissioner Denton County, Texas – 8 years
Vice President Texas Association of Counties
Former President Denton County Emergency Services District #1 15 years
Fire and Emergency Medical over 65 square miles
Serving 5 Argyle, Bartonville, Copper Canyon,
Draper, and Northlake, Robson Ranch,
Lantana Freshwater Supply Districts #6 and #7
and unincorporated areas of Denton County
Former Texas State Board Member-
State Association Fire and Emergency Service Districts –
Trains Emergency Services District Commissioners
Page 108 of 195
Board Member Denco 911-
Current Emergency telecommunications system that assists its
member jurisdictions in managing police, fire and
medical emergency calls.
Mission Leader – Guatemala Constructed purified water system in remote villages,
shared the “Good News” of Jesus’s love.
Team Leader Provide housing and food to victims of Hurricane Katrina.
Team Leader Made several trips to Sabine Pass to aid victims of
Hurricane Rita.
COMMUNITY AND CHARITY SERVICES
Baylor Healthcare System Trustee – 10 Years
University of North Texas President’s Council
Texas Student Housing Corp Chairman – 20 Years, providing Residential Scholarships
at UNT, A&M, UT Austin
Boy Scouts of America Longhorn Council, District Chairman
First Baptist Church, Trophy Club Chairman, Stewardship Committee and Senior Bible
Teacher
US MILITARY
US Navy 11 years – active and reserve service
Honors: Who’s Who in the South and Southwest, Who’s Who in U.S. Executives, Honorary Fire
Chief Argyle Fire District
Page 109 of 195
GREGORY LEE KOHN
416 Abilene Court
Highland Village, Texas 75077
Cell (817) 308-8334
greg.kohn1@gmail.com
WORK
HISTORY REPEAT REALTY
Residential Sales Agent June 2021 - Present
WORK
HISTORY,
Cont.
CITY OF LEWISVILLE, FIRE DEPARTMENT
Retired June 2017 to pursue advanced degree through Texas A&M University, Bush School of Government
and Public Service. Degree program completed in December 2019.
Division Chief - Support Services January 2016 - June 2017
Responsibilities included maintenance and function of all (seven) fire stations and emergency equipment as well as
procurement and maintenance of all Personal Protective Equipment. Responsible for the functions of on-call Duty
Chief when required per rotation.
Key Accomplishments:
• Lead planning and construction of two new fire stations with a budget of $11,000,000, which involved
coordinating with other departments, City leadership, elected officials, and outside architects and contractors.
• Directed the Apparatus Specification Committee, which was responsible for planning and building of all
department apparatus, which included two $500,000 fire engines and a $1,300,000 ladder truck.
Battalion Chief May 2007- January 2016
Responsibilities included supervision of seven fire stations and 43 personnel. Responded to and commanded
emergency calls in the City, including incidents on Lake Lewisville. Emergency responses often involved
coordinating with multiple mutual aid departments. Responsible for all personnel related actions including training,
instruction, and disciplinary issues. Responsible for daily staffing needs and monitoring overtime controls. Mentored
all Captains to maintain constant readiness for any emergency, both in fire operations and emergency medical
services.
Key Accomplishments:
• Participated in the hiring process for entry-level firefighters and internal promotional processes.
• Assisted multiple area Fire Departments with promotional interviews.
Captain/Paramedic July 2003 - May 2007
Supervised station personnel and day-to-day operations at a six-person fire station. Responsible for training,
evaluation, mentoring, and discipline of assigned personnel during emergency and non-emergency situations. Acted
as shift Commanding Officer in rotation in the absence of the Battalion Chief.
Division Chief-Public Education September 2001 - July 2003
Responsible for public education, emergency management, crisis management, and Public Information Officer role.
Oversaw planning and execution of the annual department Open House during Fire Prevention month. Drafted and
submitted multiple departmental grant applications. Responsible for emergency operations center and City’s
emergency operations plan. Performed function of duty chief on rotating basis.
Key Accomplishments:
• Served as the primary State contact as the Emergency Management Coordinator for the City which involved
dealing with multiple State and other outside stakeholders, both public and private. Responsible for assuring
that all City personnel were trained and ready to handle all anticipated emergency situations that might occur
in the area.
• Developed “After the Fire” Program offering assistance to displaced families.
• Expanded school education program for Fire Prevention Month and developed elementary school reading
program.
• Composed grant application that resulted in Lewisville receiving a grant from the Assistance to Firefighters
Grant program for a flashover simulator, which was the first in the State of Texas. This training aid served
multiple departments in Denton County.
• Served as alternate chair of the City Weapons of Mass Destruction Task Force following 9/11.
Page 110 of 195
Greg Kohn Page 2
Captain/Paramedic July 2000 – September 2001
Supervised station personnel and day-to-day operations of 12-person fire station. Responsible for training, evaluation,
mentoring and discipline of assigned personnel during emergency and non-emergency situations. Provided
communication to affected citizens during emergency situations.
Key Accomplishments:
• Lead team responsible for Personal Protective Equipment and uniforms for entire department, including
development and compliance with budget.
Driver/Engineer/Paramedic September 1997 – July 2000
Performed all necessary functions and duties required for the position, including supervision of firefighters and
completion of incident written reports. Trained assigned personnel on the duties of the Driver position. Assisted
station Captain with various assigned areas of responsibility. Began performing Acting Captain duties in September
1999.
Key Accomplishments:
• Served on Apparatus Selection Committee and Employee Relations Committee (ERC). Involvement with
the ERC included regular meetings with Fire Department administration to discuss various issues that were
relevant to station personnel and communication of the results.
Firefighter/Paramedic January 1992 – September 1997
Performed all necessary duties related to firefighting and paramedic responsibilities. Began performing Driver
functions January 1994. Obtained Paramedic Certification in January 1997.
CITY OF LANCASTER, FIRE DEPARTMENT
Firefighter/EMT April 1989 - January 1992
Performed all necessary activities related to firefighting and EMT responsibilities. Obtained EMT Certification in
August 1989.
EDUCATION Texas A&M University January 2018 - December 2019
Bush School of Government and Public Service
Executive Master of Public Service and Administration with a focus on Emergency Management and Homeland
Security
American Public University May 2011 - November 2015
Bachelor of Science
Fire Science Management with Honors
CERTIFICATIONS • Certified Firefighter, Master
• Certified EMT/Paramedic- Expired 10/31/2021
• Instructor, Intermediate
• TEEX Fire Officer I – II
• ICS-100, 200, 300, 400
• NIMS-700, 701, 703, 800
COMMUNITY
SUPPORT Cross Timbers Rotary Member January 2022 – Present
Support local community activities. Coordinated event permitting process with the City of Flower Mound for the
2022 and 2023 “Duck Derby”, as well as overseeing public safety for the event in 2023. This event raised over
$100,000 for local charities. Serve as New Member Mentor for those seeking membership.
Highland Village Planning & Zoning Committee, Alternate August 2022 – September 2023
Page 111 of 195
Denco Area 9-1-1 District Board of Managers
FY2024
Bill Lawrence, Chairman
• Appointed by Denton County Commissioners Court
• Member since October 2006
• Term expires September 2025
• Former Mayor of Highland Village
• Businessman, Highland Village
Sue Tejml, Vice Chair
• Appointed by member cities in Denton County
• Member since 2013
• Term expires September 2025
• Former Mayor of Copper Canyon
• Attorney at Law, Copper Canyon
Jim Carter, Secretary
• Appointed by member cities in Denton County
• Member since October 2014
• Term expires September 2024
• Former President of Emergency Services District #1
• Former Mayor of Trophy Club and Denton County Commissioner
Jason Cole
• Appointed by Denton County Commissioners Court
• Member since October 2020
• Term expires September 2024
• Businessman, Denton
Chief Jason Collier
• Appointed by Denton County Fire Chief’s Association
• Member since October 2023
• Term expires September 2025
• Fire Chief, City of Highland Village
All voting members serve two-year terms and are eligible for re-appointment.
Page 112 of 195
TOWN OF TROPHY CLUB
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS, CASTING THE TOWN OF TROPHY CLUB’S VOTE TO
APPOINT A CANDIDATE AS A MEMBER OF THE BOARD OF
MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Section 772, Health and Safety Code, provides that two voting members of
the Board of Managers of an Emergency Communications District shall be appointed jointly by
all cities and towns lying wholly or partly within the District; and
WHEREAS, The Denco Area 9-1-1 District requests that each municipality vote for one
of the candidates and advise the district of its selection; and
WHEREAS, the Town Council finds that the passage of this resolution is in the best
interest of the citizens of Trophy Club.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
SECTION 1. The facts and recitals set forth in the preamble of this Resolution are hereby
found to be true and correct and are incorporated into this resolution as if fully set forth herein.
SECTION 2. The Town of Trophy Club hereby VOTES TO APPOINT ____________
as a member of the Board of Managers of the Denco Area 9-1-1 District for the two-year term
beginning October 1, 2024.
SECTION 3. This Resolution shall take effect immediately upon its passage and approval.
PASSED and APPROVED by the Town Council of the Town of Trophy Club, Texas on
this the 24th day of June 2024.
Jeannette Tiffany, Mayor
ATTEST:
Tammy Dixon, Town Secretary
APPROVED TO AS FORM:
Dean Roggia, Town Attorney
Page 113 of 195
TOWN COUNCIL COMMUNICATION
MEETING DATE: June 24, 2024
FROM: Matt Cox, Director of Community Development
AGENDA ITEM: Consider authorizing the Town Manager to pay Oncor Electric Delivery
Company, LLC $43,215.12 for services rendered to lower a main power line
required by the Indian Creek/Fair Green Storm Drainage Project. (Matt Cox,
Director of Community Development)
BACKGROUND/SUMMARY: In 2020, the Town Council approved the engineering and
administration of the Indian Creek/Fair Green Drainage Project to alleviate flooding affecting
several homes during heavy rain events. The project was awarded to Teague Nall and Perkins
(TNP), the Town's contracted engineers, and Canary Construction, which submitted the
winning bid of $1,037,200. Funding for the project was available from the 2017 Bond proceeds,
which had an unspent balance of $1,187,000.
Canary Construction scheduled the project to begin in February 2022, pending the completion
of an Oncor subsurface utility engineering (SUE) study, line locates, and de-energizing electrical
lines. In November 2021, Oncor and TNP conducted the SUE study, which determined that a
main power line needed to be lowered to accommodate the installation of a larger storm drain
box culvert. The estimate included re-burying a UG 1/0 conductor and a #4 AL SL UG conductor
at a deeper depth and removing a line on Fair Green Drive. The proposal also included
replacing one #1/0 UG conductor, removing the #4 AL SL UG conductor, and removing and
replacing a streetlight. The estimated cost for this service was $43,215.12, to be invoiced upon
completion of construction and paid from the remaining 2017 bond proceeds. However, no
invoice was received from Oncor throughout the project.
In January 2023, the project was completed, and the final invoice from Canary Construction for
the release of retainage, the final pay affidavit, and the consent of surety were submitted. In
April 2024, staff received an invoice from Oncor for the electrical relocation and boring services
completed during the Inverness drainage project. The current funding source for this invoice
will be the 2021 Bond Funds, which has a balance of $2.2 million.
BOARD REVIEW/CITIZEN FEEDBACK: N/A
FISCAL IMPACT: The current funding for the Oncor payment will be from the 2021 Bond Fund.
The current balance in that fund is approximately $2.2 million.
LEGAL REVIEW: N/A
Page 114 of 195
ATTACHMENTS:
1. Statement of charges for WO 20382952
ACTIONS/OPTIONS:
Staff recommends that the Town Council move to authorize the Town Manager to pay Oncor
Electric Delivery Company, LLC $43,215.12 for services rendered to lower a main power line
required by the Indian Creek/Fair Green Storm Drainage Project.
Page 115 of 195
Statement of Charges
PO Box 910104 Date:6/3/2024
Dallas TX 75391-0104 Project No:20382952
Transaction ID:17990
Hall,Mikayla
214-769-3908
Mikayla.Hall@oncor.com
Bill To:Project Location
Matthew Cox Street Address:
Matthew Cox 22 Fair Green Dr
1 Trophy Wood Dr City:Trophy club
Trophy Club,Texas 76262 County:Denton
Billing Description Amount Due
REBORE ONE 1/0 UG CONDUCTOR,REMOVAL STREETLIGHT
CONDUCTOR A $43,215.12
Price quoted is valid for thirty (30)days from the date of this document.Total $43,215.12
Remittance Options:
Check Instructions
Make all checks payable to Oncor Electric Delivery Company,LLC
OR
Electronic Funds Transfer /EFT Instructions
JP Morgan Chase Bank /Dallas
Account #08806169791
Routing #’s
ABA:021-000-021 (Wire Transfer)
ABA:111-000-614 (ACH payments)
Federal Tax ID:75-2967830
If an EFT is made please have your financial institution include the tracking number
Also,email Confirmation number and transfer date to
THANK YOU FOR YOUR BUSINESS!
REMITTANCE SLIP
Detach this portion of the invoice to accompany payment and mail it with your check
Checks are to be made payable to Oncor Electric Delivery Company,LLC
Please retain the above statement for your records
Remit To Customer Name
Oncor Electric Delivery Company,LLC Matthew Cox
Attn:Harris,Jennifer;Hall,Mikayla Project Number:20382952
PO Box 910104 Transaction ID:17990
Dallas TX 75391-0104 Total Amount Paid:
$43,215.12
Page 116 of 195
TOWN COUNCIL COMMUNICATION
MEETING DATE: June 24, 2024
FROM: Chase Ellis, Director of Parks & Recreation
AGENDA ITEM: Consider rescinding the previous Town Council motion on November 13, 2023
expanding the community pool amenities through Phase 2 of the Community
Pool Project and authorizing the Town Manager to negotiate and execute a
professional services agreement with Parkhill for public engagement, the
development of pool amenity options, schematic design, and construction
cost analysis services in the amount of $101,759. (Chase Ellis, Director of Parks
and Recreation)
BACKGROUND/SUMMARY:
On November 8, 2022, the City Council approved a renovation project for the community pool
facility, structured into a two-phase build-out. Phase 1, completed after the 2023 swim season,
involved significant upgrades including the pool's mechanical systems, restroom improvements,
enhancements to the concessions and office areas, and painting amenities within the splash pad
area. The motion that was voted on was "to approve the agreement with Halff & Associates for the
Community Pool Capital Improvement Project not to exceed four (4) million dollars". The motion
passed unanimously.
After this motion, the project was divided into two phases. Phase one consisted of upgrading the
filtration systems and pump room equipment as well as improvements to the restrooms and
concession building along with painting of splash pad features. Before initiating Phase 2, the Parks
and Recreation Director and the Town Manager reviewed the current contract as well as the
previous work that was completed and determined it was in the Town's best interest to terminate the
agreement with Halff and Associates. This decision was made to introduce a new request for
qualifications (RFQ) process, ensuring transparency, full project design, and community involvement
in the design and construction of additional amenities for the community pool.
The new RFQ was advertised in May, inviting firms to submit their qualifications for the project. The
Town received four portfolios, which were evaluated by a team consisting of Park Board Members
and Parks and Recreation staff. This evaluation process focused on each firm's qualifications and
their ability to deliver the project's requirements. After a thorough review and scoring of the
submissions, the evaluation committee shortlisted the top two firms for interviews at Town Hall.
During the interviews, the panel assessed each firm's capability to bring value to the Town's project.
Following the interviews, the committee concluded that Parkhill was the most qualified and would
provide the best value to the community, given their extensive experience with similar projects.
Parkhill's qualifications and proposed approach were presented to the Park Board during their
monthly meeting on May 20, 2024, where a recommendation to proceed with Parkhill was
unanimously approved.
At the November 13, 2023 Town Council Meeting, the Town Council moved "to approve Phase II to
include the slide with the location moved out and to separate the party room for later discussion."
Page 117 of 195
The motion was approved unanimously by the Town Council. This motion allowed for work to begin
on the slide while generating further input and options for additional features to be added to the
community pool facility. After the Town Council's action, new developments such as the contract
termination with Halff and Associates, infrastructure conflicts for the desired slide location, and
potential conflicts with other amenities to be considered in the future, prompted staff to recommend
that planning for the entire site be set and approved by the Town Council prior to moving forward
with the expense of construction drawings and engineering work. To proceed with the new
professional services agreement with Parkhill, it is necessary to rescind the previous action taken by
the Town Council on November 13, 2023. This rescinding action will allow for full project design,
funding allocation, and additional community input. Additionally, a new professional service
agreement with Parkhill aims to ensure that the community receives high-quality, well-planned
amenities that meet the current needs and expectations of residents.
BOARD REVIEW/CITIZEN FEEDBACK: The Parks and Recreation Board unanimously
recommended at their May 20, 2024 meeting that the professional services agreement for
Phase 2 of the Community Pool Project be awarded to Parkhill.
FISCAL IMPACT: The total project budget for phase 2 of the Community Pool project is $2.2
million, which has been allocated from the sale of 2021 bonds and is within the current Capital
Improvements budget. The combination Tax and Revenue Certificates of Obligation were
issued to the Town in September 2021 for a total amount of $4.5 million, for the purposes of (i)
designing, developing, constructing and acquiring drainage improvements and facilities within
the Town, including the acquisition of land therefor; (ii) designing, developing, constructing,
improving and renovating Town park and recreation facilities, including the acquisition of land
therefor, (iii) designing, developing, constructing, improving, extending, and expanding streets,
thoroughfares, sidewalks, bridges, and other public ways of the Town, including streetscaping,
streetlighting, right-of-way protection, utility relocation, and related storm drainage
improvements; and acquiring rights-of-way in connection therewith.
Phase I of the contract includes facilities programming and schematic design for a cost of
$101,759. With the completion of design approval, the contract will be amended to add
additional services (Phase II) to include typical architectural/engineering services targeting 15%
of construction costs for both Phase I and Phase II.
LEGAL REVIEW: Town Attorney Roggia has reviewed the professional service agreement as to
form and legality.
ATTACHMENTS:
1. Trophy Club Aquatics Interview Final 5-16-2024 (1)
2. Community Pool PSA - Architect 6.12.24 - TA Reviewed
3. 42997.24-Trophy_Club-Agreement
ACTIONS/OPTIONS:
Staff recommends that the Town Council move to rescind the previous Town Council motion
Page 118 of 195
on November 13, 2023 expanding the community pool amenities through Phase 2 of the
Community Pool Project and authorize the Town Manager to negotiate and execute a
professional services agreement with Parkhill for public engagement, the development of pool
amenity options, schematic design, and construction cost analysis services in the amount of
$101,759.
Page 119 of 195
POOL RENOVATION +
Page 120 of 195
PRESENTATION TOPICS
TEAM INTRODUCTIONS
FIRM EXPERTISE
AQUATICS EXPERTISE
DESIGN CONSIDERATIONS
PROJECT APPROACH
PROJECT DELIVERY
01
02
03
04
05
06
+
Parkhill Trophy Club Outdoor Pool Renovation
Presentation May 16, 2024 2
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INTRODUCTIONS
James Williams, RLA
Project Manager
Laura Ruiz
Designer Landscape
Architecture
Clint Wofford, RLA
QA / QC
Jen Gerber
Vice President
Strategic Partnerships &
Operations
Jenn Hill
Project Manager
Chad Davis, RLA
Principal-in-Charge
Chris Tribble
Senior Advisor
Parks Planning & Management
Larry Stone, PE, RPLS
Civil Engineer
Bradley Blount, PE
Mechanical Engineer
Melanie Letendre, PE
Structural Engineer
Page 122 of 195
Page 123 of 195
Areas of Practice25+
Parkhill Trophy Club Outdoor Pool Renovation
Presentation May 16, 2024 5
Page 124 of 195
+
TEAMING | BENEFITS
MULTIDISCIPLINARY FIRM
PARK & MUNICIPAL FACILITIES PLANNING
END USER PERSPECTIVE
PROGRAM/FACILTIES MANAGEMENT
OPERATIONS MAINTENANCE
LARGEST IN NORTH AMERICA
ESTABLISHED IN 1983
INTERNATIONAL PORTFOLIO
25 COUNTRIES
Page 125 of 195
Aquatic Facilities for Municipal and Commercial Entities
6000+
Parkhill Trophy Club Outdoor Pool Renovation
Presentation May 16, 2024 7
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Parkhill Trophy Club Outdoor Pool Renovation
Presentation May 16, 2024 9
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FORT WORTH | DREAM PARK FORT WORTH | DREAM PARK
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SOUTHLAKE | BICENTENNIAL PARK
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ALLEN | ALLEN MOLSEN FARMS PUBLIC PARK
Parkhill Trophy Club Outdoor Pool Renovation
Presentation May 16, 2024 12
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HIGHLAND VILLAGE | DOUBLETREE RANCH PARK
Parkhill Trophy Club Outdoor Pool Renovation
Presentation May 16, 2024 13
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CITY OF McKINNEY | MUNICIPAL COMPLEX
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Parkhill Trophy Club Outdoor Pool Renovation
Presentation May 16, 2024 15
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El Paso, Texas
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El Paso, Texas
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El Paso, Texas
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Weatherford, Texas
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Bedford, Texas
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Grapevine, Texas
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Grapevine, Texas
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Pecos, Texas
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Big Spring, Texas
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Arlington, Texas
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Wisconsin Rapids, Wisconsin
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Garden City, Kansas
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CONSIDERATIONS | ATTRACTIONS
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CONSIDERATIONS | ATTRACTIONS
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CONSIDERATIONS | ATTRACTIONS
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CONSIDERATIONS | COMMUNITY IDENTITY
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WHAT DESIGN FEELS LIKE…
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Visioning
In-depth
AnalysisCollaboration
A
B
C
Define
the
Problem
Develop an
Understanding
Multiple
Solutions
Presented Refine to
Single
Concept REVIEW
APPROVE
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Design Excellence | Abilene, Texas
PUBLIC ENGAGEMENT
INFORM CONSULT
INVOLVE COLLABORATE EMPOWER
SOCIAL MEDIA
PUBLIC MEETINGS
ADVISORY
COMMITTEE
ONLINE SURVEYS
PROJECT WEBSITE
PROJECT UPDATES
CROWDSOURCING COMMUNITY
CITY COUNCIL
COMMUNITY EVENTS
VIRTUAL PUBLIC
MEEINGS
PROJECT TEAM
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$15 M
CONSTRUCTION
$12 M
SOFT COST
$3 M
SITE $3 M
BUILDING $9M
A/E FEES $1.5 M
PRE-CONST. $0.3 M
POST-CONST. $1.2 M
UTILITIES
GRADING & DRAINAGE
BUILDING PAD PREP
SIDEWALKS, POOL DECK, PLAZA
Division 03 — Concrete
Division 04 — Masonry
Division 05 — Metals
Division 06 — Wood and Plastics
Division 07 — Thermal and Moisture Prot.
Division 08 — Doors and Windows
Division 09 — Finishes
Division 10 — Specialties
Division 11 — Equipment
Division 12 — Furnishings
Division 13 — Special Construction
Division 14 — Conveying Systems
Division 15 — Mechanical/Plumbing
Division 16 — Electrical
ARCHITECTURE, INTERIOR DESIGN, MEP/S
ENGINEERING, CIVIL, LANDSCAPE ARCH.
SURVEY, GEO-TECH, PERMIT, DEVELOP. FEE
TESTING
FURNITURE, FIXTURE, EQUIPMENT
DATA/PHONE SERVICE
AVL
COST CONTROL AND BUDGET
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PROJECT TIMELINES
DISCOVER DEFINE
KICKOFF
MEETING
FACILITY
TOURS
HISTORICAL
CONTEXT
DATA
COLLECTION
1
WORKSHOP
VISION /
GOALS
SITE
CONTEXT
TEAM
INTEGRATION
WORKSHOP
PROGRAMMING
2
WORKSHOP
GUIDING
PRINCIPLES
MASTER PLAN
DESIGN
CONCEPTING
3
WORKSHOP
FINALIZE
CONCEPT
4
5
WORKSHOP
LOOK & FEEL
6
WORKSHOP
BUILDING
SYSTEMS
END-USER
SYSTEMS/EQUIPMENT
PROCUREMENT
STRATEGY
PAGE-TURN
FINAL
REVIEW
COORDINATION &
LOGISTICS
PERMIT SET(S)RIBBON
CUTTINGMOVE-IN
SYSTEM
ANALYSIS
CONCEPT REVIEW /
COST ESTIMATE
SCHEMATIC DESIGN
MAJOR
TRADES
VALUE
ADDS
KNOWNS &
UNKNOWNS
BUDGET
DEVELOPMENT
GMP
DESIGN DELIVER
WORKPLACE
STRATEGY FULL
PLANNING
SCOPE TO
BUDGET
WORKING GROUP
STEERING COMMITTEE
CITY COUNCIL
COMMUNITY
ENGAGEMENT
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COLLABORATION AND MANAGEMENT TOOLS
VISIONING DESIGN CONSTRUCTION
Parkhill Trophy Club Outdoor Pool Renovation Presentation May 16, 2024 40
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DEFINE
•VISION CASTING
•PRIORITIZATION
•INTERVIEW STAFF
•FOCUS GROUPS
•CHARRETTES
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DESIGN
•DESIGN CHARRETTES
•PRIORITIZE NEEDS
•SCOPE CONTROL
•MILESTONE AUDITS
•BUDGET CONTROL
•SCHEDULE CONTROL
•COORDINATION
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DELIVER
•IMPLEMENTATION
•CONSULTANT COORDINATION
•CONSTRUCTION MEETINGS
•SUBMITTAL / RFI REVIEWS
•OPERATIONAL SUPPORT
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CMAR PROJECTS
FIRM HISTORY
CMAR PROJECTS
IN PAST 5 YEARS
-2.5%
%BUDGET VARIANCE
CMAR | EXPERIENCE
SD DD CD
ENGINEER
& SUB.
100%
PRICING
50%
PRICING
100%
PRICING
SYSTEMS
COORD
30%
PRICING
DETAIL
COORD
CLASH
DETECTION
CONCEPT
SCOPE/
BUDGET
TEAM
ONBOARD
ENGAGEMENT
VALUE
ENGINEERING PROCUREMENT
Parkhill Trophy Club Outdoor Pool Renovation Presentation
May 16, 2024 45
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SOUTHLAKE | PICKLEBALL COMPLEX
Parkhill Trophy Club Outdoor Pool Renovation
Presentation May 16, 2024 46
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PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECTURAL SERVICES
This Professional Services Agreement for Architectural Services (the “Agreement”) is made and entered
into this day of 2024, by and between the Town of Trophy Club, a Texas home-rule
municipality (the “Town”), and (the “Architect”).
RECITALS
WHEREAS, the Town intends to construct improvements and amenities to enhance the community pool
(the “Project”); and
WHEREAS, the Town desires to obtain architectural services in connection with the Project as provided in
this Agreement and the detailed scope of work and proposal attached hereto as Exhibit “A”; and
WHEREAS, in accordance with Texas Gov’t Code Ch. 2254, the Town has determined that the Architect is
acceptable to the Town and is the most highly qualified provider of architectural services for the Project, and the
Architect is willing to enter into an Agreement with the Town to perform such architectural services; and
NOW, THEREFORE, in consideration of the premises above and the mutual covenants contained herein,
and for other good and valuable consideration, the Town and the Architect agree as follows:
ARTICLE I
THE ARCHITECT’S BASIC DUTIES TO THE TOWN
1.1 By executing this Agreement, the Architect represents to the Town that the Architect is professionally
qualified to act as the Architect for the Project and is licensed to practice architecture by all public entities having
jurisdiction over the Architect and the Project. The Architect further represents to the Town that the Architect will
maintain all necessary licenses, permits or other authorizations necessary to act as Architect for the Project until the
Architect’s remaining duties hereunder have been satisfied. The Architect assumes full responsibility to the Town for
the negligent or intentionally tortious acts and omissions of its consultants or others employed or retained by the
Architect in connection with the Project.
1.1.1 Execution of this Agreement by the Architect constitutes a representation that the Architect is familiar
with the Project site and the local conditions under which the Project is to be implemented.
1.1.2 The Architect agrees to furnish architectural services in accordance with the terms and conditions of this
Agreement: (1) with the professional skill and care ordinarily provided by competent architects practicing under the
same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary
professional skill and care of a competent architect.
1.2 PHASE 1: FACILITIES PROGRAM
1.2.1 The Architect shall review the existing site conditions for the Project. The Town will provide any
available surveys or other public information to be generally used by Architect for the Project. The Architect shall
include information for the water, sewer, and storm sewer utilities based on the information provided by the Town,
which includes any existing improvements.
1.2.1.1 The Architect shall meet with the Town’s representatives, including the Town’s third-party consultants,
to review and discuss the proposed scope of work, development program, and budget impacts for the Project.
1.2.2 Public Engagement: The Architect may be required to attend one or more public meetings as, including,
but not limited to, the Town Parks and Recreation Board and the Town Council to inform the public of the Project’s
details and receive feedback and information as more fully detailed in the Phase 1: Scope of Exhibit “A”. The meetings
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shall be conducted with the Town and interested citizens, if any. The general purpose of the meetings shall be to
inform interested parties, including the general public and the Town Council of the scope and intent of the Project
design.
1.2.3 The Architect shall prepare all Project details and provide a Facilities Program to the Town, which
includes, but, is not limited to, the following: prepare a preliminary Facilities Program; gather public input and analyze
facts; prepare detailed programs; validate needs and space requirements; and prepare a final Project program.
1.2.4 The Architect shall review, with the Town, and others as determined by the Town to be appropriate, the
preliminary Facilities Program and all relevant information such as basic space requirements and an opinion of
probable construction costs. The review shall allow for the end-users to review the Facilities Program prior to it
becoming final. Consensus shall be reached between the Town and the Architect on the final Facilities Program prior
to proceeding into the Schematic Design phase.
1.3 PHASE 1: SCHEMATIC DESIGN
1.3.1 The Architect shall review and examine the information, including any desired schedule updates and
budgetary requirements, with the Town to understand the requirements of the Project, as more fully detailed in the
Phase 1: Scope of Exhibit “A”.
1.3.2 The Architect shall furnish to the Town a preliminary written evaluation of such information in light of
any Project budget requirements, subject to the limitations of the Town’s Project budget. The preliminary opinions of
Construction Cost and detailed opinions of Construction Cost, if any, prepared by the Architect, represent the
Architect’s informed judgment as a design professional familiar with the construction industry. It is recognized,
however, that neither the Architect nor the Town has control over the cost of labor, materials or equipment, over the
Contractor’s methods of determining bid or proposal prices, or over competitive bidding, market or negotiating
conditions.
1.3.3 The Architect shall review and discuss the proposed major building materials and the associated
maintenance schedule after completion of the Project.
1.3.4 The Architect shall prepare and submit to the Town for review Schematic Design documents consisting
of drawings and other documents illustrating the scale and relationship of proposed Project components.
1.3.5 The Architect shall submit to the Town, as part of the final review of the Schematic Design drawings, a
more detailed opinion of probable construction costs based upon current area, volume, other unit costs or other
information.
1.3.6 PHASE 1: FACILITIES PROGRAM AND SCHEMATIC DESIGN.
1.3.6.1 The Phase 1: Scope on the attached Exhibit “A” shall be interpreted by the parties to be complimentary
to Sections 1.2 through 1.3.5 above; however, the Phase 1: Scope of Exhibit “A” shall control in the event of an
irreconcilable conflict between Sections 1.2 through 1.35 above and the Phase 1: Scope of Exhibit “A”.
1.4 PHASE 2: DESIGN DEVELOPMENT
1.4.1 Based on the Schematic Design documents and any adjustments authorized by the Town in its program,
desired schedule or Project budget, the Architect shall prepare and submit to the Town for review, design development
documents consisting of drawings and other documents to fix and describe the size and character of the Project as to
architectural, structural, mechanical, electrical, and fire alarm or fire sprinklersafety systems (if any), including
materials and such other elements as may be appropriate.
1.4.2 The Architect shall review its opinion of probable construction costs, based upon current area, volume,
other unit costs or other information, shall make any appropriate revisions thereto, and furnish same to the Town.
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1.5 PHASE 2: CONSTRUCTION DOCUMENTS
1.5.1 Upon the Town’s authorization, the Architect shall prepare Construction Documents consisting of
drawings and specifications setting forth in detail the requirements for construction of the Project. Such Construction
Documents must be accurate, coordinated, and adequate for construction and shall be in conformity and comply with
applicable law, codes, and regulations. Products specified for use shall be readily available unless written authorization
to the contrary is given by the Town.
1.5.2 The Architect shall review its most recent opinion of probable construction costs, based upon current
area, volume, other unit costs or other information, shall make any appropriate revisions thereto, and furnish same to
the Town.
1.5.3 The Architect shall incorporate the Town’s bidding or proposal documents, as supplied by the Town.
1.5.4 The Architect shall provide plan drawings indicating in sufficient detail the pertinent information
required to receive viable bids or proposals from the Contractor. Architect shall prepare details necessary to accurately
depict the various aspects of the Project.
1.5.5 The Architect shall submit for review the Construction Documents at the 50% complete and 90%
complete for a status review by Town.
1.5.6 The Architect shall assist the Town in preparing and filing documents required for the approval of
authorities having jurisdiction over the Project. Architect shall attend the Pre-Bid or Pre-RFQ/RFP Conference and
shall prepare any Addendum required due to issues or questions raised at the Pre-Bid or Pre-RFQ/RFP Conference.
1.5.7 The Architect shall review any alternate materials submitted during the bidding or proposal process and
either approve for installation or reject for cause.
1.5.8 The Architect shall assist the Town in preparing and filing documents required for the approval of
governmental authorities having jurisdiction over the Project.
1.5.9 The Architect shall assist the Town in evaluating bids or RFP/RFQs and develop a recommendation
determining the contractor, firm, or proposer selected (generally referred to herein as the “Contractor”) for the Project.
1.6 PHASE 2: ADMINISTRATION OF CONSTRUCTION
1.6.1 The Architect shall provide administration of the Construction Contract as set forth below and shall
perform those duties and discharge those responsibilities set forth in this Agreement and in the Agreement between
the Town and Contractor (the “Construction Contract”).
1.6.2 The Architect shall represent the Town during construction. Instructions and other appropriate
communications from the Town to the Contractor shall be communicated through the Architect. The Architect shall
act on behalf of the Town only to the extent provided herein and in the Construction Contract.
1.6.3 Upon receipt, the Architect shall carefully review and examine the Contractor’s schedule of values,
together with any supporting documentation or data, which the Town or the Architect may require from the Contractor
to establish a cost for the Project within the Town’s budgetary constraints. The purpose of such review and
examination will be to protect the Town from an unbalanced schedule of values, which allocates greater value to
certain elements of the Work than is indicated by such supporting documentation or data or, than is reasonable under
the circumstances. If the schedule of values is not found to be appropriate, or if the supporting documentation or data
is deemed to be inadequate, and unless the Town directs the Architect to the contrary in writing, the schedule of values
shall be returned to the Contractor for revision, or supporting documentation or data. After making such examination,
if the schedule of values, or other information required by the Architect is found to be appropriate as submitted, or if
necessary, as revised, the Architect shall sign the schedule of values, or other information, thereby indicating its
informed belief that the schedule of values constitutes a reasonable, balanced basis for the cost of the Project.
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1.6.4 The Architect shall make periodic visits to observe the Work of the Contractor as appropriate. Visits
may average once per week, including twice monthly Project meetings, over the course of construction. The purpose
of such observations will be to determine the quality, quantity and progress of the Work in comparison with the
requirements of the Construction Contract. In making such observations, the Architect shall exercise care to protect
the Town from defects or deficiencies in the Work, from unexcused delays in the schedule, and from overpayment to
the Contractor. Following each such observation the Architect shall submit a written report of such observations,
together with any appropriate comments or recommendations, to the Town.
1.6.5 Subject to 1.6.4 above, the Architect shall not have control over or charge of and shall not be responsible
for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in
connection with the Work, since these are solely the Contractor’s responsibility under the Construction Contract. The
Architect shall not be responsible for the Contractor’s schedules or failures to carry out the work in accordance with
the Construction Contract. The Architect shall not have control over or charge of acts or omissions of the Contractor,
Subcontractors, or their agents or employees, or any other persons performing portions of the work.
1.6.6 The Architect shall at all times have access to the Work wherever it is located.
1.6.7 The Architect shall determine amounts owed to the Contractor based upon observations of the Work as
required in Subparagraph 1.6.4, evaluations of the Contractor’s rate of progress in light of the remaining Contract
Time and upon evaluations of the Contractor’s Applications for Payment, and shall issue Certificates for Payment to
the Town in such amounts.
1.6.8 The issuance of a Certificate for Payment shall constitute an opinion by the Architect to the Town that
the Architect has made an observation and review of the Work as provided in Subparagraph 1.6.4 and, that the Work
has progressed to the level indicated, that the quality of the Work meets or exceeds the requirements of the
Construction Contract, and that, to the best of the Architect’s knowledge, information, and informed belief, the
Contractor is entitled to payment of the amount certified.
1.6.9 The Architect shall be the initial interpreter of the requirements of the drawings and specifications and
the judge of the performance thereunder by the Contractor. The Architect shall render written or graphic interpretations
necessary for the proper execution or progress of the Work with reasonable promptness on request of the Contractor.
1.6.10 The Architect’s decisions in matters relating to aesthetic effect shall be final if consistent with the intent
of the Construction Contract.
1.6.11 The Architect shall reject Work, which does not conform to the Construction Contract unless directed
by the Town, in writing, not to do so. Whenever, in the Architect’s opinion, it is necessary or advisable, the Architect
shall require special inspection or testing of the Work in accordance with the provisions of the Construction Contract
whether or not such Work is fabricated, installed, or completed.
1.6.12 The Architect shall review and approve, or take other appropriate action upon, the Contractor’s
submittals such as Shop Drawings, Product Data, and Samples. Approval by the Architect of the Contractor’s
submittal shall constitute the Architect’s representation to the Town that such submittal is in conformance with the
Construction Contract. Such action shall be taken with reasonable promptness so as to cause no delay to the Contractor
or the Project.
1.6.13 The Architect shall review, and advise the Town concerning, proposals and requests for Change Orders
from the Contractor. The Architect shall prepare Change Orders for the Town’s approval as provided in 1.7.3 and
execution in accordance with the Construction Contract, and shall have authority to order, by Field Order, minor
changes in the Work not involving an adjustment in the Guaranteed Maximum Price or an extension of the Contract
Time. Change Orders that are issued by the Town due to cause not within the control or responsibility of the Architect
are covered by 1.7.3.
1.6.14 The Architect shall conduct an inspection to determine the date of Substantial Completion and the date
of Final Completion as defined in the Construction Contract, and shall receive and forward to the Town for the Town’s
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review, the Certificate of Substantial Completion, written warranties, guarantees, affidavits, waivers, and related
documents required by the Construction Contract and assembled by the Contractor, and shall, when appropriate, issue
a final Certificate for Payment.
1.6.15 The Architect shall, without additional compensation, promptly correct any errors, omissions,
deficiencies or conflicts in its work product, including any errors, omissions, deficiencies or conflicts discovered after
the Project is complete. This provision shall survive the expiration or termination of this Agreement.
1.7 ADDITIONAL SERVICES
The following services of the Architect are not included in Paragraphs 1.3 through 1.6. Nevertheless, the
Architect shall provide such services if authorized in writing by the Town and they shall be paid for by the Town as
provided hereinafter.
1.7.1 Providing services to examine or investigate existing conditions or to make measured drawings upon
written request by the Town, or to verify the accuracy of drawings or other information provided by the Town.
1.7.2 Making revisions in drawings, specifications or other documents when such revisions are inconsistent
with written direction by the Town previously given, are required by the enactment or revision of codes, laws or
regulations subsequent to the preparation of such documents and not reasonably anticipated, or are due to other causes
not within the control or responsibility of the Architect, either in whole or in part.
1.7.3 Preparing drawings, specifications and supporting data in connection with Change Orders, provided that
such Changes Orders are issued by the Town due to causes not within the control or responsibility of the Architect,
either in whole or in part.
1.7.4 Providing services concerning repair or replacement of Work damaged by fire or other cause during
construction provided that such services are required by causes not the responsibility of the Architect, either in whole
or in part.
1.7.5 Providing services made necessary solely by the default of the Contractor or major defects or deficiencies
in the Work of the Contractor.
1.8 SERVICE SCHEDULE, PERFORMANCE STIPULATIONS AND LIQUIDATED DAMAGES
1.8.1 The prompt completion of this Project is critical and time is of the essence. The Architect shall perform
its services expeditiously and shall have all plans ready for bidding or proposals by the date mutually agreed upon by
the parties. Upon approval of this Agreement, the Architect shall submit for the Town’s approval a schedule for the
performance of the Architect’s services, which shall show proposed dates for completion of Phase 1 services, and
Phase 2 services after a written notice to proceed has been given for Phase 2 services, and which shall also include
allowance for time required for the Town’s review of submissions and for approvals of governmental authorities
having jurisdiction over the Project. This schedule shall not, except for cause of force majeure, be exceeded by the
Architect.
1.8.2 The Architect shall pay the Town the sum of $200.00 (two hundred dollars) per calendar day for each
and every calendar day of unexcused delay in performing its services within the time stated in paragraph 1.8.1. Any
sums due and payable hereunder by the Architect shall be payable, not as a penalty, but as liquidated damages
representing a reasonable estimate of damages because the harm caused by the breach is incapable or difficult of
estimation due to the public nature of the work and the likely loss to be sustained by the Town and the general public,
estimated at or before the time of executing this Agreement. The Architect agrees that the liquidated damages
provisions in this Agreement are reasonable, facially valid, are not a penalty, and do not otherwise operate as a penalty.
Further, the parties acknowledge the Town’s paramount purposes and duty to protect the public fisc and the
general health, safety, and welfare of the public, and the parties agree that any alleged disparity between actual and
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liquidated damages shall be construed as bridgeable and acceptable as a matter of public policy and shall be calculated
and construed in favor of the Town.
1.8.3 During the course of the Project and during review at the end of Schematic Design, Design Development,
and at the 50% and 90% reviews of the Construction Documents as provided in this Agreement, when the Town
reasonably believes that performance of the Architect’s services will be inexcusably delayed, the Town shall be
entitled, but not required, to withhold from any amounts otherwise due the Architect an amount then believed by the
Town to be adequate to recover liquidated damages applicable to such delay. If and when the Architect performs its
services in a manner satisfactory to the Town, the Town may, but is not obligated to, release to the Architect those
funds withheld as liquidated damages.
1.9 PERSONNEL
1.9.1 The Architect shall assign only qualified personnel to perform any service concerning the Project. At the time
of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions
indicated:
NAME: FUNCTION:
Parkhill Staff
Chad Davis, Firm Principal and Landscape Architect; Function – Principal In Charge
Chris Tribble; Function – Client Liaison, Programming, O&M Planning
James Williams, Landscape Architect; Function – Project Manager
Xie Tracz, Landscape Architect and Planner; Function – Project Design and Public Engagement
Luara Ruiz-Sanchez, Landscape Design Professional; Function – Project Design
WTI Staff
Jen Gerber, Vice President; Function – Principal In Charge
Bill Weaver, PE; Project Director
So long as the individuals named above remain actively employed or retained by the Architect, they shall perform the
functions indicated next to their names.
1.10 EXCLUSIONS FROM ARCHITECT’S SERVICES
The services listed below are not included in the Architect’s services, however, they could be provided as Additional
Services, if required to complete the Project or if desired by the Town.
Traffic control / signal studies or implementation
Off-site utility engineering
Zoning modifications and utility easements
Environmental or hazardous materials issues
Building utility bill estimates
Professional models produced out-of-house
1.11 INDEMNIFICATION
THE ARCHITECT SHALL HOLD HARMLESS, DEFEND, AND INDEMNIFY THE TOWN FROM
ALL CLAIMS AND LIABILITY FOR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT TO THE EXTENT THAT THE DAMAGE IS CAUSED BY OR RESULTS FROM AN
ERROR, OMISSION, ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY
INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER COMMITTED BY THE
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ARCHITECT OR THE ARCHITECT’S AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER
ENTITY OVER WHICH THE ARCHITECT EXERCISES CONTROL. THE ARCHITECT SHALL ALSO
REIMBURSE THE TOWN FOR ANY AND ALL LEGAL COSTS AND EXPENSES, INCLUDING
REASONABLE ATTORNEY FEES WHICH MIGHT BE INCURRED BY THE TOWN IN LITIGATION
OR OTHERWISE RESISTING SAID CLAIM OR LIABILITIES, WHICH MIGHT BE INCURRED BY,
CHARGED AGAINST, OR IMPOSED ON THE TOWN AS THE RESULT OF SUCH NEGLIGENT ACTS
OR OMISSIONS BY THE ARCHITECT IN PROPORTION TO THE ARCHITECT’S LIABILITY.
1.12 GOVERNMENTAL FUNCTIONS AND IMMUNITY.
The parties hereby acknowledge and agree that the Town is entering into this Agreement pursuant to its
governmental functions and that nothing contained in the Agreement shall be construed as constituting a waiver of the
Town’s governmental immunity from suit or liability, which is expressly reserved to the extent allowed by
law. Notwithstanding anything to the contrary herein, the parties hereby acknowledge and agree that to the extent this
Agreement is subject to the provisions of Subchapter I of Chapter 271, TEXAS LOCAL GOVERNMENT CODE, as
amended, the Town’s immunity from suit is waived only as set forth in Subchapter I of Chapter 271, TEXAS LOCAL
GOVERNMENT CODE. Further, the parties agree that this Agreement is made subject to all applicable provisions
of the Texas Civil Practice and Remedies Code (“CPRC”), including but not limited to all defenses, limitations, and
exceptions to the limited waiver of immunity from liability provided in CPRC Chapter 101 and Chapter 75.
Architect further agrees that during the course and scope of this Agreement, except with Town’s knowledge
and consent, Architect shall not represent any third party against the Town in any claim, litigation, or other matter, or
be retained to act as an expert witness for any third party in any claim, litigation, or any other matter that is, or may
be, adversarial to the Town, as determined by the Town.
Acceptance by the Town of the Architect’s work shall not constitute nor be deemed a release of the
responsibility and liability of Architects, its employees, subcontractors, or consultants for the accuracy and
competency of Architect’s work; nor shall such acceptance be deemed to be an assumption of such responsibility by
the Town for any defect, error, or omission in the Architect’s work, its employees, subcontractors, and consultants.
Architect, shall without additional costs or fee to the Town, correct or revise any errors or deficiencies in the
Architect’s performance.
ARTICLE II
THE TOWN’S BASIC DUTIES TO THE ARCHITECT
OTHER THAN COMPENSATION
2.1 The Town shall provide the Architect with adequate information regarding the Town’s requirements for
the Project including any desired or required design or construction schedule, or both, and any budgetary requirements.
2.2 The Town shall review any documents submitted by the Architect requiring the Town’s decision, and
shall render any required decisions or review comments and forward comments back to the Architect within ten (10)
business days.
2.3 The Town shall furnish a legal description and boundary survey of the site(s), if available.
2.4 The Town shall furnish the services of geotechnical consultants when such services are necessary and
are requested by the Architect.
2.5 The Town shall furnish structural, mechanical, chemical and other laboratory tests, inspections and
reports as required by law or the Construction Contract.
2.6 If the Town becomes aware of any fault or defect in the Project, non-conformance with the Construction
Contract, or of any errors, omissions or inconsistencies in the drawings or specifications, reasonable notice thereof
shall be given by the Town to the Architect.
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2.7 The Town shall perform those duties set forth in Paragraphs 2.1 through 2.6 as expeditiously as may
reasonably be necessary for the orderly progress of the Architect’s services and of the Work.
2.8 The Town’s review of any documents prepared by the Architect or its consultants shall be for the purpose
of determining whether such documents are generally consistent with the Project. No review of such documents shall
relieve the Architect of its responsibility for the accuracy, adequacy, fitness, suitability and coordination of its work
product.
2.9 The Town shall designate a representative, or third-party consultant, who shall be responsible for review
and analysis of the Contractor’s performance under the Construction Contract.
2.10 The Town shall furnish design services or building systems as listed below, or authorize the Architect to
furnish them as an Additional Service, when such services are required to complete the Project.
Preliminary and Final Plat
Radio, antenna, and alerting systems (Architect shall provide electrical power and empty conduit as
directed by the Town).
IT (voice, data, cable TV) and AV (audio-visual) wiring design and equipment selection (Architect
shall provide electrical power and empty conduit as directed by Town).
Electronic access control and video surveillance systems, as applicable (Architect shall provide
electrical power and empty conduit as directed by the Town).
ARTICLE III
CONSTRUCTION COSTS
3.1 If a fixed budget limit has been established, the Architect shall be permitted to include contingencies for
design, bidding and price escalation to determine what materials, equipment, component systems and types of
construction are to be included in the Construction Contract, to make reasonable adjustments in the scope of the Project
and to include in the Construction Contract alternate bids, or add alternates, to adjust the Construction Cost to the
fixed limit. However, this paragraph shall not operate to increase the fixed limits cost of the construction established
in Paragraph 3.2. All adjustments in the scope of the Project shall be documented in writing and approved in writing
by the Town.
3.2 Should the cost for construction of the Project be in excess of the Town’s fixed budget, the Town may
(1) give written approval of an increase in such fixed limit, (2) authorize rebidding or re-negotiating of the Project,
(3) terminate the Project and this Agreement in accordance herewith, or (4) cooperate in revising the Project scope or
quality, or both, as required to reduce the construction cost. In the case of (4), the Architect, without additional charge
to the Town, shall consult with the Town and shall revise and modify the drawings and specifications as necessary to
achieve compliance with the fixed limitation on construction cost. Absent negligence on the part of the Architect in
making its opinions of probable construction cost, providing such modifications and revisions shall be the limit of the
Architect’s responsibility arising from the establishment of such fixed limitation of construction costs, and having
done so, the Architect shall be entitled to compensation for all other services performed, in accordance with this
Agreement.
ARTICLE IV
BASIS OF COMPENSATION
4.1 The Town shall compensate the Architect for Architectural Services rendered pursuant to this Agreement
by payment of the fixed sum of $XXX,XXX.
4.2 Payment to the Architect of the sum set forth in Paragraph 4.1 shall be allocated as follows:
Phase 1
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Facilities Programming: ........................................ 5%
Schematic Design: ................................................10%
Phase 2
Design Development: ...........................................20%
Construction Documents: .....................................40%
Bidding/Proposals and Award: ............................ 5%
Administration of Construction: ...........................20%
4.3 Additional Services of the Architect as described in Paragraph 1.7, if any, shall be compensated on an
hourly basis per the Architect’s established hourly rates included as Exhibit “B”, which is attached to and incorporated
into this Agreement.
4.4 The Architect shall provide site civil engineering services including site grading, drainage, erosion
control plans and on-site utilities as required for the Project. The Architect shall also employ a civil engineer to plan
and design the site utilities and drainage for the site and parking lot. The site grading and drainage shall be appropriate
for the portion of the site used for the building. The Project site shall include the entire site in addition to the building
and related site improvements to ensure proper and adequate storm water drainage. The Architect shall incorporate
the proper plans and specifications in the bid or proposal documents for the Contractor to install all necessary site
drainage and utilities.
4.5 The Town shall compensate the Architect for site civil engineering services rendered pursuant to
Paragraph 4.4 of this Agreement by payment of the fixed sum of $XXX,XXX. Payment to the Architect of the sum
shall be allocated in accordance with a percentage of completion for the tasks associated with the site civil work.
ARTICLE V
PAYMENTS TO THE ARCHITECT
5.1 ARCHITECT’S INVOICES
5.1.1 Not more frequently than monthly, unless otherwise agreed in writing by the Architect and the Town,
the Architect shall submit an invoice to the Town requesting payment for services properly rendered and
reimbursement for reimbursable expenses due hereunder. The Architect’s invoice shall describe with reasonable
particularity each service rendered, the date thereof, the time expended if services under Paragraphs 1.7 and 4.5 are
included in the invoice and the person(s) rendering such service. The Architect’s invoice shall be accompanied by
such documentation or data in support of reimbursable expenses for which reimbursement is sought as the Town or
the Town Council or its designee may require.
5.1.2 If payment is requested for services rendered by the Architect pursuant to Paragraphs 1.3 through 1.6,
the invoice shall additionally reflect the allocations as provided in Paragraph 4.2 and shall state the percentage of
completion as to each such allocation. The invoice shall bear the signature of the Architect, which signature shall
constitute the Architect’s representation to the Town that the services indicated in the invoice have progressed to the
level indicated, have been properly and timely performed as required herein, that the reimbursable expenses included
in the invoice have been reasonably incurred, that all obligations of the Architect covered by prior invoices have been
paid in full, and that, to the best of the Architect’s knowledge, information and informed belief, the amount requested
is currently due and owing, there being no reason known to the Architect that payment of any portion thereof should
be withheld. Submission of the Architect’s invoice for final payment and reimbursement shall further constitute the
Architect’s representation to the Town that, upon receipt from the Town of the amount invoiced, all obligations of the
Architect to others, including its consultants, incurred in connection with the Project, will be paid in full.
Page 174 of 195
5.2 TIME FOR PAYMENT
5.2.1 The Town shall make payment to the Architect of all sums properly invoiced as provided in Paragraph
5.1, within thirty (30) days of the Town’s receipt thereof. No interest or other late penalties shall accrue on late
payments except as required by the Texas Prompt Payment Act.
5.3 TOWN’S RIGHT TO WITHHOLD PAYMENT
5.3.1 In the event that the Town determines that any representations of the Architect, provided pursuant to
Subparagraph 5.1.2, are wholly or partially inaccurate, the Town may withhold payment of sums then or in the future
otherwise due to the Architect until the inaccuracy, and the cause thereof, is corrected to the Town’s reasonable
satisfaction.
5.4 REIMBURSABLE EXPENSES
5.4.1 Reimbursable expenses shall be reimbursed to the Architect by the Town in accordance with the Town’s
policies. However, the total amount payable for reimbursable expenses shall not exceed $XX,XXX without specific
additional authorization by the Town. The reimbursable expenses allocation may include up to $X,XXX for an artist’s
rendering of the Project, if applicable.
5.4.1.1 Government Fees. The Town will reimburse for or pay direct for government fees, including TDLR
TAS plan review and site inspection fees.
5.5 ARCHITECT’S RECORDS
5.5.1 Documentation accurately reflecting the time expended by the Architect and the Architect’s personnel
and records of reimbursable expenses shall be maintained by the Architect and shall be available to the Town for audit,
review, and copying upon request.
ARTICLE VI
PROVISION FOR TERMINATION/INTERRUPTION
6.1 TERMINATION/INTERRUPTION
6.1.1 The Town may terminate or suspend the Architect’s services under this Agreement at any time upon
paying all sums due the Architect for work to time of termination and after giving the Architect thirty (30) calendar
days prior written notice by certified mail, stating the reason for such termination or suspension. Upon delivery of
such notice by the Town to the Architect, the Architect shall discontinue all services in connection with the
performance of the Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such
orders or contracts are chargeable to the Agreement. As soon as practicable after receipt of notice of termination, the
Architect shall submit a statement, showing in detail, the services performed under this Agreement less such payments
on account of the charges as have been previously made. Copies of all completed or partially completed designs,
plans and reports prepared under this Agreement shall be delivered to the Town when and if this Agreement is
terminated.
6.1.2 In the event of termination or abandonment of the Architect’s services under this Agreement, payment
shall be made to the Architect for all services performed to the date of same.
6.1.3 If this Agreement is terminated because of material breach of this Agreement by the Architect, the Town
may have the remaining work and services to be performed by the Architect performed by another architect, and the
Architect shall be liable to the Town for any excess costs accrued by the Town thereof.
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ARTICLE VII
MISCELLANEOUS PROVISIONS
7.1 GOVERNING LAW
7.1.1 This Agreement shall be governed in all respects by the laws of the State of Texas, without regard for
conflict of laws principles. Venue for any dispute arising out of this Agreement shall lie exclusively in Denton County,
Texas.
7.2 MEANING OF TERMS AND LEGAL CONSTRUCTION
7.2.1 Terms in this Agreement and in the Construction Contract shall be construed in accordance with their
common and ordinary meaning, unless otherwise specifically defined in this Agreement or the Construction Contract.
7.2.2 The judicial doctrine that provides that documents or exculpatory provisions are to be construed against
the drafter or provider of such documents or provisions does not apply to this Agreement, as each party has had a
reasonable opportunity to obtain and consult with their own legal counsel regarding this Agreement.
7.3 COMPLIANCE WITH LAWS
7.3.1 The Architect, its consultants, employees, and subcontractors shall comply with all applicable Federal
and State laws, charter, and ordinances of the Town, as amended, and all other applicable rules and regulations
promulgated by federal, local, state, and national boards, bureaus, and agencies. The Architect shall complete only
the professional services as required in the performance of the services contracted for herein.
7.4 USE AND OWNERSHIP OF DOCUMENTS
7.4.1 The Architect’s designs and work products under this Agreement including, but not limited to, tracings,
drawings, plans, specifications, studies and other documents completed or partially completed, shall be the property
of the Town, to be used as the Town desires, without restriction. The Architect specifically waives and releases any
proprietary rights or ownership claims herein. The Town shall have unlimited right for the benefit of the Town for
use in future projects to all drawings, designs, specifications, the Architect’s designs and structures, notes and other
pertinent consultant, architectural, or engineering work procured in the performance of this Agreement or in
contemplation thereof, and all record drawings produced after completion of the Project work, if any, including the
right to use same on any other Town work without additional cost to the Town. Any use of the aforementioned
documents for future projects shall be without use of Architect’s name or registration seal and without any liability to
the Architect, employees, subcontractors, and consultants.
All information, documents, and communications relating to this Agreement shall be subject to the Texas
Public Information Act (“Act”) and any opinion of the Texas Attorney General or a court of competent jurisdiction
relating to the Act. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this Agreement
and the Architect agrees that the Agreement may be terminated if the Architect knowingly or intentionally fails to
comply with a requirement of that subchapter. In accordance with the Act, the Architect agrees to:
(1) preserve all contracting information related to the Agreement as provided by the records retention
requirements applicable to the Town for the duration of the Agreement;
(2) promptly provide to the Town any contracting information related to the Agreement that is in the custody
or possession of the Architect on request of the Town; and
(3) on completion of the Agreement, either:
(A) provide at no cost to the Town all contracting information related to the Agreement that is
in the custody or possession of the Architect; or
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(B) preserve the contracting information related to the Agreement as provided by the records
retention requirements applicable to the Town.
7.5 SUCCESSORS AND ASSIGNS
7.5.1 The Town and the Architect each binds itself and its successors, executors, administrators and assigns
to any other party of the Agreement and to the successors, executors, administrators, and assigns of such other party,
in respect to all covenants of this Agreement. Except as above, neither the Town nor the Architect shall assign, sublet
or transfer its interest in this Agreement without the written consent of the other. Nothing herein shall be constituted
as creating any personal liability on the part of any officer or agent of any public body which may be a party thereto.
7.6 INDEPENDENT CONTRACTOR
7.6.1 The Architect shall perform its obligations under this Agreement as an independent contractor and shall
not be considered an employee of the Town for any purpose whatsoever, including, but not limited to, entitlement to
Town employee benefits. The Architect hereby expressly waives any claim or entitlement to such benefits.
Furthermore, this Agreement is not intended to create, nor should it be construed as creating, a partnership, association,
joint venture, or trust. Nothing contained herein shall create a contractual relationship with, or any rights in favor of,
any third party.
7.7 INSURANCE
7.7.1 Prior to the commencement of services under this Agreement, Architect shall obtain standard
comprehensive professional liability insurance coverage in an amount of at least $1,000,000.00 per occurrence with a
$2,000,000.00 aggregate policy limit per year, covering the services provided under this Agreement, including
contractual liability under this Agreement. A “claims made” policy is acceptable subject to coverage being maintained
during the course of the Project and up to two (2) years after completion and acceptance of Project by the Town.
Architect shall maintain such professional liability insurance coverage during all phases of services and for two (2)
years after final completion of the Project. The Town shall be supplied with a certificate of such coverage which shall
provide for a thirty (30) day notice of cancellation, non-renewal, or change in limits by endorsement, to the Town by
certified mail.
Architect will maintain general liability insurance coverage as follows:
TYPE OF INSURANCE AMOUNT OF INSURANCE PROVISIONS
1 Workers’ Compensation
Employers’ Liability
Statutory Limits Town to be provided a WAIVER OF
SUBROGATION AND PROVIDED
30 DAY NOTICE OF
CANCELLATION or material
change in coverage.
Insurance Company must be A-rated
or above.
$100,000 per occurrence
2 Commercial General
(Public) Liability to include
coverage for:
a.Premises/Operations
b. Products/Completed
Operations
c.Independent
Contractors
d. Personal Injury
e. Contractual Liability
Bodily Injury - $250,000
per person, $500,000 per
occurrence;
Property Damage -
$100,000 per occurrence
Town to be listed as ADDITIONAL
INSURED AND PROVIDED 30 DAY
NOTICE OF CANCELLATION or
material change in coverage.
Insurance Company must be A-rated
or above. -OR-
Combined simple limit of
$600,000
Page 177 of 195
3 Business Auto Liability to
include coverage for:
a. Owned/Leased
vehicles
b. Non-owned vehicles
c. Hired vehicles
Bodily Injury - $250,000
per person, $500,000 per
occurrence;
Property Damage -
$100,000 per occurrence
Town to be listed as ADDITIONAL
INSURED AND PROVIDED 30 DAY
NOTICE OF CANCELLATION or
material change in coverage.
Insurance Company must be A-rated
or above. -OR-
Combined simple limit of
$600,000
The Town, including its officers, officials, employees, Boards and Commissions, and volunteers shall be named as an
additional insured by endorsement to the general insurance coverage listed in this Agreement, excluding Workers’
Compensation, Employers’ Liability, and Professional Liability (for which a waiver of subrogation is required to be
issued in favor of the Town), with regard to the Architect’s activities as required by this Agreement. The Architect
shall provide any defense provided by the policy to a named insured. The coverage shall contain no special limitations
on the scope of protection afforded to the Town, and all premiums arising from the coverage herein shall be the
responsibility of the Architect. Architect shall maintain such general liability coverage during all phases of services
and for two (2) years after final completion of the Project. The Town shall be supplied with a certificate of such
coverage which shall provide for a thirty (30) day notice of cancellation, non-renewal, or change in limits by
endorsement, to the Town by mail.
7.8 ARCHITECT’S SEAL
7.8.1 The Architect shall place the Architect’s Seal, as may be required by Texas law or the rules or regulations
of the Texas Board of Architectural Examiners, on all documents and data furnished by the Architect to the Town.
7.9 CONFIDENTIALITY
7.9.1 The Architect will maintain as confidential any documents or information provided by the Town and
will not release or publish same to any third party without prior permission from the Town, unless compelled by law
or order of a court or regulatory body of competent jurisdiction. Such release will occur only after prior notice to the
Town.
7.10 SURVIVAL
7.10.1 All provisions of this Agreement for indemnity or allocation of responsibility or liability between the
Town and the Architect shall survive the completion of the services and the termination of the Agreement.
7.11 SEVERABILITY
7.11.1 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any
other provision of this Agreement, and this Agreement shall be considered as if such invalid, illegal, or unenforceable
provision had never been contained in this Agreement.
7.12 PUBLIC FUNDING
7.12.1 This Agreement is subject to the appropriation of public funds by the Town in its budget adopted for any
fiscal year for the specific purpose of making payments pursuant to this Agreement for that fiscal year. The obligation
of the Town pursuant to this Agreement in any fiscal year for which this Agreement is in effect shall constitute a
current expense of the Town for that fiscal year only, and shall not constitute an indebtedness of the Town of any
monies other than those lawfully appropriated in any fiscal year. In the event of non-appropriation of funds in any
fiscal year to make payments pursuant to this Agreement, this Agreement may be terminated without any liability to
either party.
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7.13 TEXAS BOYCOTT PROHIBITIONS
7.13.1 To the extent required by Texas law, the Architect verifies that: (1) It does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade association, as defined in Texas
Government Code § 2274.001, and that it will not during the term of the Agreement discriminate against a firearm entity
or firearm trade association; (2) It does not “boycott Israel” as that term is defined in Texas Government Code § 808.001
and 2271.001, and it will not boycott Israel during the term of the Agreement; (3) It does not “boycott energy companies,”
as those terms are defined in Texas Government Code §§ 809.001 and 2276.001, and it will not boycott energy companies
during the term of the Agreement; (4) It does not engage in scrutinized business operations with Sudan, Iran, or designated
foreign terrorist organization as defined in Texas Government Code, Chapter 2270; and (5) It is not owned by or the
majority of its stock or other ownership interest is held or controlled by i) individuals who are citizens of China, Iran, North
Korea, Russia, or a designated country as defined by Texas Government Code § 2275.0101; or ii) a company or other
entity, including a governmental entity, that is owned or controlled by citizens of or is directly controlled by the government
of China, Iran, North Korea, Russia, or a designated country; nor is it headquartered in China, Iran, North Korea, Russia,
or a designated country.
7.14 ETHICS DISCLOSURE
7.14.1 To the extent required by law, the Architect represents that it has completed a Texas Ethics Commission
(the “TEC”) form 1295 (“Form 1295”) generated by the TEC’s electronic filing application in accordance with the
provisions of Texas Gov’t Code Ch. 2252.908 and the rules promulgated by the TEC. The parties agree that, with the
exception of the information identifying the Town and the contract identification number, the Town is not responsible
for the information contained in the Form 1295.
7.15 ENTIRE AGREEMENT
7.15.1 This Agreement represents the entire agreement between the Town and the Architect and supersedes all
prior communications, negotiations, representations or agreements, either written or oral. This Agreement may be
amended only by written instrument signed by both Town and Architect.
EXECUTED in one or more counterparts (each of which is an original) on behalf of the Architect and
on behalf of the Town; each party thereunto duly authorized on the date first written above.
TOWN: ARCHITECT:
TOWN OF TROPHY CLUB, TEXAS [COMPANY NAME]
By: Brandon Wright, Town Manager By:
ATTEST: ATTEST:
By: Tammy Dixon, Town Secretary
Page 179 of 195
EXHIBIT “A”
DETAILED SCOPE OF WORK AND PROPOSAL
Phase 1 Scope (Draft for Review)
1. Needs Assessment and Master Plan
a. Kickoff Meeting (Trophy Club staff, Parkhill & WTI)
b. Review existing plans.
c. Finalize the go-forward strategy.
d. Finalize public engagement approach.
2. Public Engagement
a. Pop-Up Pool Event #1 (Morning 1 hour) (Triton Swim Team)
i. Pop-up tent at strategic location
ii. Boards with representative imagery
iii. Interactive visible voting (dot game as an example)
iv. QR code linking feedback questionnaire
v. Snacks
b. Pop-Up Pool Event #2 (Evening 1 hour)
c. Pop-Up Pool Event #3 (Weekend 1 hour)
d. Trophy Club Webpages and Friday Town Weekly – Provide link for community feedback.
e. Trophy Club Social Media – Provide link for community feedback.
3. Checkpoint Meeting with Trophy Club staff to review feedback/results and prep for Park Board and Town
Council touchpoints.
Page 180 of 195
4. Park Board and Town Council Meetings - Present findings and solicit their input and direction in terms of
moving forward with Concept Plan development.
5. Develop concepts (2D plans & renderings, including representative imagery – no 3D or animation).
NOTE: We need direction on the number of concepts desired.
6. Develop costs for each aquatic amenity in concept(s).
7. Checkpoint Meeting with Trophy Club staff to review concepts and prep for Park Board and Town Council
touchpoints.
8. Park Board and Town Council Meetings - Present concepts and solicit their input and direction in terms of
moving forward with a final Concept Plan.
9. Develop OPCC for final Concept Plan
10. Checkpoint Meeting with Trophy Club staff to review OPCC, discuss next steps, and prep for final
touchpoints with Park Board and Town Council (is this needed?)
11. Park Board and Town Council Meetings - Present OPCC (is this needed
Phase 2 Scope:
The Phase 2 scope includes all of Sections 1.4 through 1.6 above; however, the details and schedule for Phase 2 shall
be more fully established after completion of Phase 1 and the Architect shall not commence Phase 2 until after written
notice to proceed by the Town, which shall be attached hereto as an amendment to this Agreement.
Page 181 of 195
EXHIBIT “B”
ADDITIONAL SERVICES - HOURLY RATES
Page 182 of 195
June 13, 2024
Mr. Chase Ellis, CPRP, CPO
Director of Parks and Recreation
Town of Trophy Club
1 Trophy Wood Drive
Trophy Club, Texas 76262
RE: Agreement for Professional Services Trophy Club Community Pool Improvements
Project Address: 500 Park View Drive, Trophy Club, TX 76262
Dear Mr. Ellis:
Parkhill (A/E) is pleased to have the opportunity to provide Architectural, Landscape Architecture, Interior
Design and Engineering services to the Town of Trophy Club (CLIENT) for the Trophy Club Community
Park Improvements (Project).
The property on which the project is to be constructed is described in the Denton County Central
Appraisal District as follows: Legal Description: INDEPENDENCE PARK EAST BLK 1 LOT 1 (PT) (SEE
469372 FOR ESD2 and PID4), Tract or Lot: 1; Abstract Subdivision Code: SJ1240A, Block: 1; City
Limits: C28; Situs Number: 600; Situs Street Name: PARKVIEW; Situs Street Suffix: DR; Situs
City: TROPHY CLUB; Situs State: TX; Situs Zip: 76262; Owner Name: TROPHY CLUB CITY OF; Mailing
Address: 100 MUNICIPAL DR; Mailing Address City: TROPHY CLUB; Mailing Address State: TX; Mailing
Address Zip: 76262-5420.
1. We understand the Basic Services (Scope of Work) you require to be:
Phase 1 –Facilities Program and Schematic Design
Project Kickoff and Execution Plan
Kickoff Meeting (Trophy Club staff, Parkhill & WTI).
Review existing plans.
Finalize the go-forward strategy.
Finalize public engagement approach.
Public Engagement
Pop-Up Pool Event #1 (Morning 1 hour) (Triton Swim Team).
o Pop-up tent at strategic location.
o Boards with representative imagery.
o Interactive visible voting (dot game as an example).
o QR code linking feedback questionnaire.
o Snacks.
Pop-Up Pool Event #2 (Evening 1 hour).
Pop-Up Pool Event #3 (Weekend 1 hour).
Trophy Club Webpages and Friday Town Weekly – Provide link for community feedback.
Trophy Club Social Media – Provide link for community feedback.
Checkpoint Meeting with Trophy Club staff to review feedback/results and prep for Park Board and
Town Council touchpoints.
Page 183 of 195
Mr. Chase Ellis Page 2 June 13, 2024
Town of Trophy Club
Park Board and Town Council Meetings - Present findings and solicit their input and direction in
terms of moving forward with Concept Plan development.
Develop no more than 3 concepts (2D plans & renderings, including representative imagery – no
3D or animation).
Develop Opinion of Probable Construction Costs for each aquatic amenity in concept(s).
Checkpoint Meeting with Trophy Club staff to review concepts and prep for Park Board and Town
Council touchpoints.
Park Board and Town Council Meetings - Present concepts and solicit their input and direction in
terms of moving forward with a final Concept Plan.
Develop Opinion of Probable Construction Cost for final Concept Plan.
Checkpoint Meeting with Trophy Club staff to review Opinion of Probable Construction Cost,
discuss next steps, and prep for final touchpoints with Park Board and Town Council.
Park Board and Town Council Meetings - Present Opinion of Probable Construction Cost.
Phase 2 – Basic Design Services for Phase One Improvements Identified in Master Plan
Once the Town of Trophy Club has completed the Community Pool Master Plan and identified both
a Scope and Budget for Phase One Improvements, the Town can amend this agreement for Basic
Design Services of the respective Improvements approved in Phase 1.
Phase 2 Basic Design Services will include Design Development, Construction Documents, Bid
Phase Services and Construction Administration and Observation Services as mutually agreed
upon by all parties.
Upon execution of an amendment for Basic Design Services the following conditions shall exist for
each phase of those services.
2. Based on the mutually agreed upon program, schedule, and construction budget requirements, A/E
will prepare for approval by the CLIENT, a Facilities Program and Schematic Design Documents
consisting of drawings and other documents illustrating the scale and relationship of Project
components. This will be provided as Phase 1 services of this Agreement.
3. A/E will submit to the CLIENT a preliminary Opinion of Probable Construction Cost based on current
area, volume and other unit costs.
4. Based on the approved Schematic Design Documents and any further adjustments in the scope or
quality of the Project or in the construction budget authorized by the CLIENT, negotiation and
execution of Phase 2 services and an amendment to this Agreement for those services, A/E will
prepare, for approval by the CLIENT, Design Development Documents setting forth the final
configuration of the buildings and the products to be used for the construction of the Project.
5. Based on the approved Design Development Documents and any further adjustments in the scope or
quality of the Project or in the construction budget authorized by the CLIENT, A/E will prepare, for
approval by the CLIENT, Construction Documents consisting of Drawings and Specifications setting
forth the requirements for the construction of the Project.
Page 184 of 195
Mr. Chase Ellis Page 3 June 13, 2024
Town of Trophy Club
6. A/E will assist the CLIENT in the preparation of necessary bidding information, bidding forms, the
Conditions of the Contract, and the form of Agreement between the CLIENT and the Contractor.
7. A/E will advise the CLIENT of any adjustments to previous Opinion of Probable Construction Cost
required by changes to the scope or market conditions.
8. A/E will inform the CLIENT to the best of their knowledge and will assist the CLIENT in connection
with the CLIENT’s responsibility for filing documents required for approval of governmental authorities
having jurisdiction over the Project.
9. A/E, following the CLIENT’s approval of the Construction Documents and of the latest Opinion of
Probable Cost, will assist the CLIENT in obtaining bids or negotiating proposal and assist in awarding
and preparing contracts for construction of the Project.
10. A/E will be the representative of and will advise and consult with the CLIENT during construction until
the final payment to the Contractor is due. A/E will have authority to act on behalf of the CLIENT only
to the extent provided in this Agreement unless otherwise modified by written instrument.
11. A/E will visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the
CLIENT and A/E in writing to become familiar with the progress and quality of the Work completed,
and to determine, in general, if the Work is being performed in a manner indicating that the Work, if
completed, will be in accordance with the Contract Documents. However, A/E will not be required to
make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On
the basis of on-site observation as an architect, landscape architect, interior designer or engineer,
A/E will keep the CLIENT informed of the progress and quality of the Work.
12. Based on A/E’s observations and evaluations of the Contractor’s Applications for Payment, A/E will
review and certify the amounts due the Contractor.
13. A/E will be the representative of and will advise and consult with the CLIENT during construction until
30 days after the Date of Substantial Completion or occupancy by the CLIENT, whichever occurs
first. Time and expenses spent beyond 30 days after the Date of Substantial Completion are
supplemental services and will be billed using A/E’s standard hourly rate schedule.
Services specifically excluded from our scope of services include, but are not limited to, the following:
Surveys and Geotechnical Reports.
Asbestos and Hazardous Materials Studies.
Third-party Independent Construction Inspection Services.
Construction Material Testing.
Texas Department of Health Demolition Notification.
Construction Observation Services.
Preparation of Construction Documents for more than one bid package.
Entitlement Services.
A tentative schedule for submitting our work for review is as follows:
Phase 1 – Facilities Program and Schematic Design
The A/E feels at their work can be completed within 16 to 24 working weeks. Due to the nature of the
scope of services for this phase including specific dates for community, Parks and Recreation Board
and Town of Trophy Club meetings and presentations, a specific schedule will be completed with
representatives of the Owner to best accomplish all work within a desired timeframe that may or may
not fit within the proposed 16 to 24 weeks anticipated. The A/E understands time is of the essence
Page 185 of 195
Mr. Chase Ellis Page 4 June 13, 2024
Town of Trophy Club
and will complete a detailed schedule with the Owner once the final scope and meeting dates can be
coordinated.
Phase 2 - Basic Design Services for Phase One Improvements Identified in Master Plan
The A/E and the Owner recognize that the extent and magnitude of the Phase One Improvements will
be defined through the Phase 1 Services of this Agreement and are unknown at the time of execution
of this Agreement. Once the specific scope is better defined and a project budget is established for
Phase One Improvements to the pool facility, the A/E and the Owner may amend this Agreement to
include Basic Design Services and fees for those respective improvements.
Our fees for the Phase 1 Facilities Program and Schematic Design described above will be based on a
lump sum amount of $101,759 and will be billed on a percentage complete method. The Town of Trophy
Club Professional Services Agreement for Architectural Services stipulates Phase 1 Services will be paid
as follows: Facilities Programming 5% and Schematic Design 10%. The total fee for both services is
$101,759 and shall be split as $33,886 for Facilities Programming and $67,873 for Schematic Design.
Fees for Phase 2 will be negotiated on the outcome of Phase 1 and split according to the proportions
stated in the Town of Trophy Club Professional Services Agreement for Architectural Services for Phase
2. Both the Client and A/E agree the fee for Phase 1 Services is not an indicator of 15% of all total fees
once the Agreement is amended for Phase 2 Services. The exact scope and budget for Phase 2 is
unknown to both parties until Phase 1 is completed.
Services identified as Supplemental Services are in addition to Basic Services and will be billed using the
A/E’s standard hourly rate schedule Should the scope of services described above change during the
Project, the lump sum amount will be adjusted either up or down by a mutually agreed upon amount or
based on an hourly rate method using A/E’s standard hourly rate schedule.
Reimbursable expenses will be billed at invoice cost plus a 15% markup for handling costs. Reimbursable
expenses include, but are not limited to, travel, postage/shipping, reproductions/copies, color plots/prints,
accessibility review and inspection fees, reproduction of Contract Documents and reports. A budget of
$2,500 is included in the fee proposal for Phase 1 Facilities Program and Schematic Design Mr. Services
above. These are approximated anticipated costs and can be itemized and carried as a separate line item
if desired by the Owner.
Optional supplemental services may include “fly-through” animations, video presentations, exterior and
interior renderings (photo-realistic), printed brochures and fundraising collateral. These costs will be
determined based on the desired level of presentation materials required and billed as reimbursable
expenses.
Invoices will be sent to Mr. Chase Ellis, CPRP, CPO at Town of Trophy Club, 1 Trophy Wood Drive
Trophy Club, Texas 76262. A/E will also send invoices via the email address cellis@trophyclub.org.
Many issues such as the Americans with Disabilities Act (ADA), Texas Accessibility Standards (TAS) and
hazardous materials are of great concern to both building owners and to architects, landscape architects,
interior designers and engineers. The enclosed Standard Conditions (Exhibit A) gives a brief
explanation of several of those issues and defines the roles and responsibilities for each party involved in
this agreement. We will be glad to discuss these issues with you at your convenience.
You may indicate your acceptance of this agreement and the Standard Conditions by returning one
signed copy of this letter to our office. Unless another date is specified, we will consider receipt of the
letter as authorization to proceed.
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Mr. Chase Ellis Page 5 June 13, 2024
Town of Trophy Club
We appreciate the opportunity to provide professional services to you and look forward to the successful
completion of your project. If you have any questions, please do not hesitate to call us.
Sincerely,
PARKHILL (A/E) Town of Trophy Club (CLIENT)
By Signature:
Michael Chad Davis, ASLA
Firm Principal Name:
Title:
Date:
MC/ilc
Enclosures: Exhibit A – Standard Conditions
“The Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas 78711-2337, (512) 305-9000,
www.tbae.state.tx.us has jurisdiction over complaints regarding the professional practices of persons
registered as landscape architects in Texas.”
\\data2-vm\STDS_CODES\PSC Standard Forms\02_Agreement-Contracts\03_Architect_Agreements\00_Architectural Letter
Agreement.docx
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Exhibit A | Standard Conditions Page 1 of 8
EXHIBIT A
STANDARD CONDITIONS: CLIENT and A/E agree to and accept the following terms and conditions
pursuant to and as a part of the parties’ Agreement for Professional Services:
ARTICLE 1. INVOICING AND SERVICES
1.1 INVOICING
A/E shall submit invoices for services rendered on a monthly basis to CLIENT. Invoiced amounts are
due and payable upon presentation and shall be considered past due if not paid within thirty (30) days
of the due date. Past due amounts for invoices shall bear interest at one-and-one-half (1.5) percent
(or the maximum rate allowable by law, whichever is less) of the past due amount per month, which
shall be calculated from the invoice due date.
Payments for services rendered by A/E or for other fees or expenses required by this Agreement are
due and payable, and the parties reserve all rights pursuant to Texas Government Code, Chapter
2251, commonly referred to as the Texas Prompt Payment Act. In addition, A/E and CLIENT shall be
entitled to any other legal and equitable remedies allowed by applicable law.
1.2 SERVICES DURING CONSTRUCTION
Except as expressly stated in the Scope of Work, A/E shall not, and shall not be responsible to
supervise, direct or have control over the Work of CLIENT’s or Property Owner’s contractors,
subcontractors or other service or material providers, including any designated general contractor of
CLIENT or Property Owner or any subcontractors thereof (generally and collectively referred to as the
“Contractors”) nor have any responsibility for the construction means, methods, techniques,
sequences or procedures selected by the Contractors nor for the Contractors’ safety precautions or
programs in connection with the Work. These above rights and responsibilities are solely those of and
between CLIENT and the applicable Contractors. CLIENT agrees that A/E is not responsible for the
jobsite condition or on-site worker safety, except as otherwise expressly stated in the Scope of Work.
Except where prohibited by applicable law, A/E shall not be responsible for any acts or omissions of
the Contractors, including any subcontractor, any entity performing any portions of the Work or any
agents or employees of any of them. A/E does not guarantee the performance of any of the Contractors
and shall not be responsible for the Contractors’ failure to perform their applicable work in accordance
with the Contract Documents or any applicable laws, codes, rules or regulations.
As used in these Standard Conditions, the term “Contract Documents” refers to the construction plans,
specifications, work schedules, work conditions and other matters between CLIENT and/or the
Property Owner and their respective Contractors for the build-out or construction services relating to
the Project.
A/E shall not be required to sign any document, no matter by whom requested, that would result in
A/E having to certify, guarantee, or warrant the existence of conditions whose existence A/E cannot
reasonably ascertain. CLIENT agrees not to make resolution of any dispute with A/E or payment of
any amount due to A/E contingent upon A/E signing any such document.
1.3 ESTIMATES OR OPINIONS OF PROBABLE CONSTRUCTION COST
In providing estimates or opinions of probable construction cost, CLIENT understands that A/E has no
control over the cost or availability of labor, equipment or materials, or over market conditions or the
Contractors’ methods of pricing, and that A/E’s estimates or opinions of probable construction costs
are made on the basis of A/E’s professional judgment and experience. A/E makes no warranty,
express or implied, that the bids or the negotiated construction cost will not vary from A/E’s estimates
or opinions of probable construction cost.
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Exhibit A | Standard Conditions Page 2 of 8
1.4 HAZARDOUS MATERIALS
As used in this Agreement, the term hazardous materials shall mean any substances, including without
limitation asbestos, toxic or hazardous waste, PCBs, combustible gases and materials, petroleum or
radioactive materials (as each of these is defined in applicable federal statutes) or any other
substances under any conditions and in such quantities as would pose a substantial danger to persons
or property exposed to such substances at or near the project site.
Both parties acknowledge that A/E’s scope of services does not include any services related to the
presence of any hazardous or toxic materials. If A/E or any other person or entity involved in the project
encounters any hazardous or toxic materials, or should it become known to A/E that such materials
may be present on or about the jobsite or any adjacent areas that may affect the performance of A/E’s
services, A/E may, at its sole option and without liability for consequential or any other damages,
suspend performance of its services under this Agreement until CLIENT retains appropriate qualified
consultants and/or Contractors to identify and abate or remove the hazardous or toxic materials and
warrants that the jobsite is in full compliance with all applicable laws and regulations.
1.5 ACCESSIBILITY
CLIENT acknowledges that the requirements of the Americans with Disabilities Act, as amended
(ADA), and other federal, state and local accessibility laws, rules, codes, ordinances, and regulations
will be subject to various and possibly contradictory interpretations. CLIENT further acknowledges that
the ADA is a Civil Rights law and not a building code, and does not use prescriptive language. A/E,
therefore, will use its reasonable professional efforts and judgment to interpret applicable accessibility
requirements in effect as of the date of the execution of this Agreement, and as they apply to the
Project. A/E, however, cannot and does not warrant or guarantee that CLIENT’s Project will comply
with all interpretations of the accessibility requirements and/or the requirements of other federal, state
and local laws, rules, codes, ordinances and regulations as they apply to the Project.
CLIENT and A/E understand that, unless exempted by applicable law, the Project must be submitted
to the Texas Department of Licensing and Regulations (TDLR) – Elimination of Architectural Barriers
(EAB) Division for plan review for compliance with Texas Accessibility Standards (TAS) requirements.
A/E will include in the design of the Project all changes that are the result of the TDLR plan review.
After construction of the Project, TDLR requires an inspection of the Project for compliance
confirmation. However, A/E cannot and does not warrant or guarantee that different rules and/or
interpretation may be applied to CLIENT’s Project at the time of the final TDLR inspection. Compliance
with changes required by the TDLR final inspection that were not mentioned in the TDLR plan review
may be required, and any additional services to be performed by A/E in order to meet or address those
requirements will be charged to and payable by CLIENT.
1.6 STANDARD OF CARE BY A/E AND LIMITED WARRANTY
In providing services under this Agreement, A/E shall perform in a manner consistent with that degree
of care and skill ordinarily exercised by members of the same profession currently practicing under
similar circumstances at the same time and in the same or similar locality. OTHERWISE, A/E MAKES
NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO ITS PROFESSIONAL
SERVICES RENDERED UNDER THIS AGREEMENT, AND ALL OTHER EXPRESS OR IMPLIED
WARRANTIES ARE EXPRESSLY DISCLAIMED.
CLIENT shall be responsible for all requirements and instructions that it provides to A/E pursuant to
this Agreement, and for the accuracy and completeness of all programs, reports, data, and other
information provided by CLIENT to A/E. A/E may use and rely upon such requirements, programs,
instructions, reports, data, and information in performing or providing services under this Agreement,
subject to any express limitations or reservations applicable to the provided items.
1.7 CLIENT RESPONSIBILITIES
CLIENT will provide A/E with reasonable access to the work site. Unless specifically included in A/E’s
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Exhibit A | Standard Conditions Page 3 of 8
Scope of Work, CLIENT will, at CLIENT’s expense, apply for and obtain applicable permits in a timely
manner, provide all legal services in connection with the Project, and provide environmental impact
reports and energy assessments, if and as needed or appropriate for A/E’s services. CLIENT shall
pay the costs of checking and inspection fees, zoning application fees, soils engineering fees, testing
fees, surveying fees, and all other fees, permits, bond premiums, and all other charges not specifically
covered by the terms of this Agreement. Any such fee or expense approved by CLIENT and that is
paid for by A/E shall be included in A/E’s invoice for amounts payable by CLIENT, and A/E may require
advance payment before incurring the fee or expense.
1.8 OWNERSHIP OF DOCUMENTS AND DIGITAL DATA
All reports, drawings, specifications, computer files, field data, notes, data on any form of digital data,
and other records or documents prepared by A/E are deemed instruments of service (collectively the
“Instruments of Service”) and shall remain the property of A/E. A/E shall retain a common law, statutory
and other reserved rights, including copyrights, in and to all Instruments of Service and any derivative
works thereof relating to the Project.
A/E grants to CLIENT a nonexclusive, limited license to reproduce or use A/E’s Instruments of Service
solely for the purpose of constructing, effecting, making improvements to, using and maintaining the
Project; provided, however, this grant is made with the express understanding that A/E shall have
been paid in full for the Services rendered hereunder. CLIENT shall not use the Instruments of Service
for other projects without prior written agreement of A/E. CLIENT understands that the unauthorized
use of Instruments of Service is prohibited, will be deemed a material breach of this Agreement and
may result in liability and other adverse consequences to CLIENT. ANY UNAUTHORIZED USE OF
THE INSTRUMENTS OF SERVICE SHALL BE AT CLIENT’S OR SUCH OTHER USER’S SOLE RISK
AND WITHOUT LIABILITY TO A/E.
1.9 INDEMNIFICATION FOR UNAUTHORIZED USE OF INSTRUMENTS OF SERVICE
TO THE FULLEST EXTENT PERMITTED BY LAW, CLIENT AGREES TO AND SHALL INDEMNIFY
AND HOLD HARMLESS A/E, ITS OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST
ANY AND ALL LIABILITY, DAMAGES, LOSSES, OR COSTS, INCLUDING REASONABLE
ATTORNEY’S FEES AND DEFENSE COSTS, ARISING FROM OR IN ANY WAY CONNECTED
WITH THE UNAUTHORIZED USE, REUSE OR MODIFICATION OF THE INSTRUMENTS OF
SERVICE BY CLIENT OR ANY PERSON OR ENTITY THAT ACQUIRES OR OBTAINS THE
INSTRUMENTS OF SERVICE FROM OR THROUGH CLIENT WITHOUT THE WRITTEN
AUTHORIZATION OF A/E; PROVIDED, HOWEVER, THIS INDEMNIFICATION AND HOLD
HARMLESS PROVISION SHALL NOT APPLY TO ANY LIABILITY, CLAIMS, DAMAGES, LOSSES
OR EXPENSES, INCLUDING REASONABLE ATTORNEY FEES,ARISING OUT OF BODILY INJURY
TO PERSONS OR DAMAGE TO PROPERTY CAUSED OR RESULTING FROM IN WHOLE OR IN
PART, BY THE NEGLIGENT ACT OR OMISSION OF THE A/E, ITS OFFICERS OR EMPLOYEES
WITH RESPECT TO AUTHORIZED USE OF THE INSTRUMENTS OF SERVICE.
1.10 DELIVERY OF DIGITAL DATA
In accepting and utilizing any form of digital data generated and furnished by A/E, CLIENT agrees that
all such digital data are Instruments of Service of A/E. CLIENT is aware that differences may exist
between the digital data delivered and the printed hard-copy Contract Documents. In the event of a
conflict between the original signed Contract Documents prepared by A/E and digital data, the original
signed and sealed hard-copy Contract Documents shall govern.
Digital data created by A/E through the application of software licensed for sole and exclusive use by
A/E will be furnished to CLIENT in read-only format. CLIENT is responsible for obtaining and
maintaining, at CLIENT’s expense, software licenses as appropriate for the use of digital data provided
by A/E.
Under no circumstances shall delivery of digital data for use by CLIENT be deemed a sale by A/E,
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Exhibit A | Standard Conditions Page 4 of 8
and A/E makes no warranties, either express or implied, of merchantability and fitness for any
particular purpose. In no event shall A/E be liable for indirect or consequential damages as a result of
CLIENT’s use or reuse of the digital data.
ARTICLE 2. GENERAL PROVISIONS
2.1 APPLICABLE LAW
This Agreement shall be interpreted and enforced according to the laws of the State of Texas, without
regard to conflict of laws principles.
See Tex. Bus. & Com. Code § 272.001.
2.2 PRECEDENCE OF CONDITIONS
Should any conflict exist between the terms herein and the terms of any purchase order or confirmation
issued by CLIENT, the terms of these Standard Conditions shall prevail, unless otherwise agreed in
writing by the parties with specific reference to the applicable provision of these Standard Conditions
that is intended to be modified.
2.3 ASSIGNMENT
Neither party to this Agreement shall transfer, sublet or assign any rights or duties under or interest in
this Agreement, including but not limited to monies that are due or monies that may be due, without
the prior written consent of the other party (unless such assignment without consent is mandated by
law), and any assignment without such written consent shall be void. Notwithstanding the foregoing,
A/E is expressly permitted to subcontract or assign portions of the Work or services to subconsultants
that A/E may select, provided that A/E shall remain responsible for the Work assigned to and performed
by such subconsultants. Unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or responsibility under
this Agreement.
2.4 AMENDMENTS
This Agreement may be amended only by a written instrument, signed by both CLIENT and A/E, which
expressly refers to this Agreement.
2.5 DELAYS
CLIENT agrees that A/E is not responsible for damages arising directly or indirectly from any delays
for causes beyond A/E’s reasonable control. For purposes of this Agreement, such causes include,
but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural
disasters or acts of God; epidemics or pandemics (including the 2019 Novel Coronavirus or COVID-
19, including any on-going or re-occurring effects of same); World Health Organization alerts;
declarations of a state of emergency or similar orders issued by local, state or federal government
officials; fires, riots, war or other emergencies; failure of any government agency to act in timely
manner; failure of performance by CLIENT or CLIENT’s Contractors or consultants; discovery of any
hazardous substances or differing site conditions; or any other similar or dissimilar cause beyond A/E’s
reasonable control.
In addition, if the delays resulting from any such causes increase the cost or time required by A/E to
perform its services in an orderly and efficient manner, A/E shall be entitled to a reasonable adjustment
in schedule and compensation.
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Exhibit A | Standard Conditions Page 5 of 8
2.6 INSURANCE
A/E agrees to provide Professional Liability Insurance and General Liability Insurance during the scope
of the services provided for this Project and for a period of 3 years after the completion of services.
2.7 MERGER, WAIVER, SURVIVAL AND SEVERABILITY
Except for amendments approved as required by this Agreement, this Agreement constitutes the entire
and integrated agreement between the parties hereto and with regard to the same subject matter and
supersedes all prior negotiations, representations and/or agreements, written or oral relating to the
same subject matter.
One or more waiver of any term, condition or other provision of this agreement by either party shall
not be construed as a waiver of a subsequent breach of the same or any other provisions.
All express representations, waivers, indemnifications, and limitations of liability included in this
Agreement will survive its completion or termination for any reason.
The parties further intend as follows: (a) if any provision of this Agreement is held to be unenforceable,
that provision will be modified to the minimum extent necessary to make it enforceable, unless that
modification is not permitted by applicable law, in which case that provision will be disregarded; (b) if
an unenforceable provision is modified or disregarded according to this section, then the rest of the
Agreement will remain in effect as written; and (c) any unenforceable provision will remain as written
in any circumstances other than those in which the provision is held to be unenforceable.
2.8 TERMINATION AND SUSPENSION
CLIENT may terminate this Agreement for CLIENT’s convenience and without cause upon giving A/E
not less than seven calendar days’ written notice.
A/E may terminate this Agreement, or may suspend Services, upon giving CLIENT not less than seven
calendar days’ written notice following CLIENT’s failure to make timely payment owed to A/E as
provided by this Agreement.
In addition, either party may terminate this Agreement for cause upon giving the other party not less
than seven calendar days’ written notice for any of the following “for cause” reasons:
Substantial failure by the other party to perform in accordance with the terms of this Agreement
and through no fault of the terminating party, provided that, except where the failure to perform
regards CLIENT’s payment obligations, the non-performing party is given written notice and
description of the failure in question and a reasonable opportunity to cure of at least 10 but no
more than 30 days, and the non-performing party cures the matter within the reasonable cure
period;
Unauthorized assignment of this Agreement or transfer of the Project by either party to any
other entity without the prior written consent of the other party;
Suspension of A/E’s services by CLIENT for more than 90 calendar days, consecutive or in
aggregate;
Material changes in the conditions under which this Agreement was entered into, the Scope of
Services or the nature of the Project, and the failure of the parties to reach agreement on the
compensation and schedule adjustments necessitated by such changes.
A/E shall have no liability to CLIENT on account of A/E’s termination of this Agreement for any of the
reasons listed in subsections 2.8.1., 2., 3. or 4. above.
In the event of termination of this Agreement by either party, CLIENT shall, within 15 calendar days of
the termination date, pay A/E for all services rendered and all reimbursable costs incurred by A/E up
to the date of termination, in accordance with the payment provisions of this Agreement.
The terminating party shall set the effective date of termination at a time sufficient (up to 30 days later
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Exhibit A | Standard Conditions Page 6 of 8
than otherwise provided) to allow A/E to demobilize personnel and equipment from the Project, to
complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed
and uncompleted tasks, and to assemble Project materials in orderly files.
2.9 LIMITATION OF LIABILITY
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, AND TO THE FULLEST
EXTENT PERMITTED BY LAW, NEITHER CLIENT NOR A/E, THEIR RESPECTIVE OFFICERS,
DIRECTORS, PARTNERS, EMPLOYEES OR AGENTS, CONTRACTORS OR SUBCONSULTANTS
SHALL BE LIABLE TO THE OTHER OR SHALL MAKE ANY CLAIM FOR ANY INCIDENTAL,
INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR CONNECTED IN
ANY WAY TO THE PROJECT OR THIS AGREEMENT. THIS MUTUAL LIMITATION OF LIABILITY
SHALL INCLUDE ALL SUCH DAMAGES THAT EITHER PARTY MAY HAVE INCURRED FROM ANY
CAUSE, INCLUDING NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT AND BREACH
OF STRICT OR IMPLIED WARRANTY.
IOLATION OF LAW IS WILLFUL OR NEGLIGENT.
2.10 THIRD-PARTY BENEFICIARIES
Nothing contained in this Agreement shall create a contractual relationship with or a cause of action
in favor of a third party against either CLIENT or A/E. A/E’s services under this Agreement are being
performed solely for CLIENT’s benefit, and there are no third-party beneficiaries of A/E’s services.
2.11 MAINTENANCE, WEAR AND TEAR
Both CLIENT and A/E acknowledge that CLIENT, and only CLIENT, is responsible for maintenance,
wear and tear on the project upon substantial completion. CLIENT is responsible for providing routine
inspections and maintenance of the project to maintain a safe, functional and weather tight facility.
Should CLIENT fail to provide routine inspections and maintenance, and damage occur to the project,
A/E is not responsible for any such resultant damage.
ARTICLE 3. DISPUTE RESOLUTION, BETTERMENT, AND COMMUNICATIONS
3.1 DISPUTE RESOLUTION
A/E and CLIENT agree to negotiate all disputes between them in good faith for a minimum of 30 days
from the date of notice. Should such negotiations fail, A/E and CLIENT agree that any dispute between
their arising out of, or relating to, this Agreement shall be submitted to non-binding mediation prior to
the filing of any lawsuit or arbitration proceeding relating to the dispute, unless the parties mutually
agree otherwise in writing.
The mediation shall be conducted remotely and by electronic video conference means, unless the
parties agree in writing to mediate in person at a mutually agreeable location. The parties agree that
conducting mediation by remote means shall constitute a mediation in the state where the Project is
located, provided that each of the parties shall have one representative participating in the mediation
while the representative is situated in the state where the Project is located. Each party shall assume
its own costs associated with the mediation. The mediator’s compensation and expenses and any
administrative fees or costs associated with the mediation proceeding shall be borne equally by the
parties, unless otherwise agreed in writing.
Notwithstanding the foregoing, none of the above Dispute Resolution processes shall prevent or deter
a party from protecting or acting upon lien rights, or from seeking immediate, emergency or injunctive
relief from a court of competent jurisdiction and as may be available at law or in equity.
3.2 BETTERMENT
If, due to an error or an omission by A/E, any required item or component of the project is omitted from
the Construction Documents, A/E shall not be responsible for paying the cost to add such item or
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Exhibit A | Standard Conditions Page 7 of 8
component to the extent that such item or component and the cost of same would have been otherwise
necessary to the project or otherwise add value or betterment to the project.
3.3 NOTICES
All notices provided for in this Agreement shall be in writing. Any notices that are submitted by email
exchanged between the parties’ authorized representatives may be effective upon proof of receipt and
delivery records. Each of the parties agrees to reasonably confirm receipt of notices submitted by the
other party. Otherwise, all notices provided for in this Agreement shall be in writing and shall be hand
delivered, mailed by certified mail, return receipt requested or sent by recognized overnight courier
service to the parties at each of their respective representatives noted below, unless otherwise
changed upon written notice:
A/E: Chad Davis, ASLA, 4222 85th Street, Lubbock, TX, 806-473-2200, Cdavis@parkhill.com
(Representative name, physical and mailing address, phone, and email)
CLIENT: Chase Ellis, CPRP, CPO, Town of Trophy Club, 1 Trophy Wood Drive
Trophy Club, Texas 76262, Cellis@trophyclub.org
(Representative name, physical and mailing address, phone, and email)
3.4 ELECTRONIC SIGNATURES
In accordance with applicable law, including the applicable Uniform Electronic Transactions Act,
CLIENT and A/E agree that electronic signatures (such as e-mail or electronically typed signatures)
of the parties’ authorized representatives to this Agreement and Standard Conditions or to later
consents or approvals associated herewith shall constitute the valid signature of the party for purposes
of obtaining agreements, consents or other matters prescribed by the Agreement.
END OF EXHIBIT
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