ORD 2024-29 Amendment Beldonia Town Homes Development ORDINANCE NO.2024-29
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE
AN AMENDMENT TO THE BELDONIA TOWN HOMES
DEVELOPMENT CONTRACT FOR PUBLIC IMPROVEMENTS;
AUTHORIZING THE TOWN TO PARTICIPATE IN PUBLIC
IMPROVEMENT COSTS; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas (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 Local Government Code; and
WHEREAS, the Town entered into the Beldonia Town Homes Development Contract
for Public Improvements (the "Agreement") with Beldonia Homes, LLC (the "Developer"),
pursuant to Chapter 212 of the Texas Local Government Code, and Code of Ordinances, Town
of Trophy Club, Texas, Chapter 10 - Subdivision Regulation, for the construction of public
improvements within PD-35 (collectively,the"Public Improvements"); and
WHEREAS, the Developer desires to remove and reconstruct the Town's median along
Trophy Wood Dr., to provide a center median opening and turn lane (the "Street
Improvements"), which will improve traffic safety and provide increased access for Beldonia
Town Home residents and the general public, and the Town desires to participate in the cost of
the Street Improvements pursuant to Subchapter C of Texas Local Gov't Code Ch. 212; and
WHEREAS,the Town's participation costs for the Street Improvements shall not exceed
the amount of$30,000.00, which is equal to approximately 8.5% of the total estimated Public
Improvements costs of$352,625.28; and
WHEREAS, the Town's participation in the costs of the Street Improvements is
authorized by Texas Local Gov't Code Ch. 212, without complying with the competitive sealed
bidding procedure of Texas Local Gov't Code Ch. 252; and
WHEREAS, the Town Council finds and determines that this Ordinance is made in the
exercise of its governmental functions in the interest of the health, safety, and welfare of the
general public.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB,TEXAS,THAT:
SECTION 1
All of the above premises and recitals are hereby found to be true and correct factual and
legislative determinations of the Town and are hereby approved and incorporated into the body
of this Ordinance as if copied in their entirety.
ORDINANCE NO. 2024-29 PAGE 2
SECTION 2
The Mayor is authorized to execute the Amendment to the Beldonia Town Homes
Development Contract for Public Improvements, which is attached to this Ordinance as Exhibit
A, and the Town Manager is hereby authorized to pay participation costs for the Street
Improvements upon completion, inspection, and acceptance of the Street Improvements in an
amount not to exceed$30,000.00.
SECTION 3
It is hereby declared to be the intention of the Town Council that the phrases, clauses,
sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause,
sentence,paragraph, or section of this Ordinance should be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences,paragraphs, or sections of this Ordinance,
since the same would have been enacted by the Town Council without incorporation in this
Ordinance of such unconstitutional phrase, clause, sentence,paragraph, or section.
SECTION 4
This Ordinance shall be in full force and effect from and after its date of passage, and it is
so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this 9th day of December 2024.
0
44\4 OF TRQA gioaVED:
%Ai)
i tte1 /Yor
ATTEST: Ry5
C�A_A- '-614.11A-)
Tammy Dixon, Tov Secre
APPROVED AS TO FORM:
De.:�o:: • • ;�#Attorney
Page 2 of 3
' ORDINANCE NO. 2024-29 PAGE 3
EXHIBIT A
AMENDMENT TO THE BELDONIA TOWN HOMES DEVELOPMENT CONTRACT
FOR PUBLIC IMPROVEMENTS
Page 3 of 3
AMENDMENT TO THE BELDONIA TOWN HOMES
DEVELOPMENT CONTRACT FOR PUBLIC IMPROVEMENTS
This Amendment to the Beldonia Town Homes Development Contract for Public
Improvements (the "Amendment") is entered into by and between the Town of Trophy Club, a
Texas home-rule municipality (the "Town"), Beldonia Homes, LLC (the "Developer"), and
Affluency Homes, LLC (the "Contractor"). The Town, Developer, and Contractor may
sometimes hereafter be referred to individually as a"Party"or collectively as the"Parties".
RECITALS
WHEREAS, the Town entered into the Beldonia Town Homes Development Contract
for Public Improvements (the "Agreement") pursuant to Texas Local Gov't Code Ch. 212, and
Code of Ordinances, Town of Trophy Club, Texas, Chapter 10 - Subdivision Regulation, for the
construction of public improvements within PD-35 (collectively, the "Public Improvements");
and
WHEREAS, the Developer desires to remove and reconstruct the Town's median along
Trophy Wood Dr., as generally shown on the attached Exhibit A, to provide a center median
opening and turn lane (the "Street Improvements"), which will improve traffic safety and provide
increased access for Beldonia Town Home residents and the general public, and the Town
desires to participate in the cost of the Street Improvements pursuant to Subchapter C of Texas
Local Gov't Code Ch. 212; and
WHEREAS, the Town's participation costs for the Street Improvements shall not exceed
the amount of $30,000.00, which is equal to approximately 8.5% of the total estimated Public
Improvements costs of$352,625.28; and
WHEREAS, the Town's participation in the costs of the Street Improvements is
authorized by Texas Local Gov't Code Ch. 212, without complying with the competitive sealed
bidding procedure of Texas Local Gov't Code Ch. 252; and
WHEREAS, in the interest of the general public and for the public purposes described
in this Amendment, the Developer and its Contractor shall construct the Street Improvements
and the Town has appropriated and identified public funds for participation in the cost of the
Street Improvements in accordance with the Town's Ordinance adopted on December 9th, 2024.
AGREEMENT
NOW, THEREFORE, for and in consideration of the premises and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
Parties agree as follows:
1. The recitals above are incorporated into this Amendment as if fully set forth
herein, and defined terms shall have the meaning as assigned to such terms in the
Agreement, unless otherwise defined herein.
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2. As a condition to design and construction of the Street Improvements by the
Developer and its Contractor, the Town has appropriated the not-to-exceed sum of
$30,000.00 (the "Authorized Reimbursement") necessary to reimburse the
Developer for performance of the work and ensure completion of the Street
Improvements.
3. The Developer will be responsible for paying all reasonable and necessary design,
engineering, surveying, testing, and construction costs associated with the Street
Improvements. Upon completion of the Street Improvements, the Developer shall
submit a request for payment to the Town showing all actual direct costs
attributable to the Street Improvements. After inspection of the work, if the Town
determines that the Street Improvements were built in accordance with the
approved plans and specifications, the Town shall make payment to the Developer
for the actual direct costs of the Street Improvements in an amount not to exceed
the Authorized Reimbursement. The scope of work and estimated cost of the
Street Improvements are shown on Exhibit A. The parties anticipate that the final
cost of the work may exceed the estimated cost; however, the Town's obligations
shall not exceed the Authorized Reimbursement amount.
4. Changes in contract/scope of project. Pursuant to Town Code of Ordinances Sec.
10.02.201(c), the changes in the plans and specifications of the approved project
necessitate this Amendment, and the Developer or its Contractor shall also amend
all required bond and any other financial assurance instruments. The increase in
the project scope also requires an increase in the inspection fee, as authorized in
Town Code of Ordinances Sec. 10.02.203(a). The Developer shall bear the full
cost of any additional work required by the Town Attorney and/or Town Engineer
in revising and/or reviewing the revised documents, and approval shall not be
granted until such additional fees are paid.
5. Except as amended herein, the all other terms and conditions of the Agreement
shall remain in full force and effect. This Amendment may be executed in any
number of counterparts, each of which shall be deemed an original, but all of
which together shall constitute one and the same instrument. The execution of this
Amendment may be accomplished by facsimile or electronic signatures and shall
be deemed fully executed upon the exchange among the Parties of signed
facsimile or electronic copies of this Amendment.
[Signature Page to Follow]
[Remainder of Page Intentionally Left Blank]
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IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be
executed by their duly authorized officers and to be effective as on the last date shown below
(the"Effective Date"):
DEVELOPER:
NAME:
BY:
Name:
Title:
Address:
CONTRACTOR:
NAME:
BY:
Name:
Title:
Address:
TOWN OF TROPHY CLUB:
Approved by Ordinance No.2024-29 adopted on 12/12/2024
BY:
Je tt t r
ATTEST:
BY: jb(j)./NC . 51-1)".'
Tammy Dixon,Town SCtary
APPROVED AS TO FORM:
BY:
Dean Ro ia,
3
EXHIBIT A
Scope of Work and Estimated Cost of Street Improvements
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NOV oat' . . Q ' •: ':P. 1 ' of.lf .ji-or i
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Remove—175 ft X 20tt median 3,500 S Q
Saw cut curb: $2,00 - ' ' '9 \� �X
Haul off Curb:$1,0 \\'
Demo trees:$3,500(how many trees? i `
Excavate dirt and grass and haul off.$3.000 //
Repour new curbs:$5,000 . 'IOW l
Pour 8"concrete road over 3,500 SF:$36,000 '
Lime stabilization if needed:(7 yards per ton):$5,000 \�_, ,I . , , y
Stripping:$3,000 EXHIBIT C.ADD MEDIAN OPENING W/ CENTER TURN LANE
TOTAL:$60,000n'°°m"°"°11 s perks^: Town of Trophy cw,Twat
VW al.
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