R-10-02-25-10F1 - 2/25/2010RESOLUTION NO. R -10-02-25-10F1
WHEREAS, the City of Round Rock ("City") has previously
entered into a Development Agreement ("Agreement") with NNP-
Teravista, L.P. ("Developer") regarding the Teravista Project
("Project"), and
WHEREAS, Exhibit "B" to the Agreement has been amended to
reflect the current master development plan of the Project, and
WHEREAS, Exhibit "B-1" to the Agreement has been amended to
reflect the latest unit allocation of the Project, and
WHEREAS, the City and the Developer now desire to amend the
Agreement to update Exhibits "B" and "B-1", Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Fourth Amendment to the Development Agreement
with NNP-Teravista, L.P., a copy of same being attached hereto as
Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice
of the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to
the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered
and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
O:\wdox\SCC1nts\0112\1005\MUNICIPAL\00191950.Doc/xmc
RESOLVED this 25th day of February, 2010.
ATTEST:
SARA L. WHITE, City Secretary
2
Y ht 1/1,-
ALAN MCGRAW, Mayor
City of Round Rock, Texas
FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT
This Fourth Amendment to Development Agreement (this "Fourth Amendment") is made
to be effective the date set forth below by and between the CITY OF ROUND ROCK, a home -rule
city in Williamson County, Texas (the "City") and NNP-TERAVISTA, LP, a Texas limited
partnership ("Developer").
RECITALS:
A. The City and Developer (then known as Newland -Round Rock Associates, L.P., its
name having been changed to NNP-Teravista, LP as evidenced by change of name recorded under
Document No. 199982273 in the Official Public Records of Williamson County, Texas) entered
into a Development Agreement (the "Development Agreement") effective September 10, 1998,
setting forth various agreements and understandings with respect to the development of
approximately 1,181 acres of land located within the extraterritorial jurisdiction of the City as a
master -planned, mixed use community to be known as "Stonewater" as more particularly described
in the Development Agreement.
B. Developer changed the name of the project to "Teravista," and has developed
substantial portions of the residential areas of the project, including completion of the golf course,
club house and related facilities.
C. The Development Agreement has been amended three times, in the First Amendment
to Development Agreement (the "First Amendment") to delete the portion of the original project
described in the First Amendment as the Round Rock Premium Outlets Project, in the Second
Amendment to the Development Agreement (the "Second Amendment") to delete a portion of the
original project described in the Second Amendment as the "Hospital Project" and in the Third
Amendment to the Development Agreement (the "Third Amendment") to update the master plan
and revise the development allocation.
D. The master development plan for the Land, Exhibit B, was replaced in the First,
Second and Third Amendments.
NOW, THEREFORE, in consideration of the premises set forth in the Recitals above, the
mutual covenants and agreements of the parties as hereinafter set forth, the mutual benefits to be
derived by the present and future residents of the City and the Developer, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and
the Developer hereby agree that effective only upon the satisfaction of all of the Conditions to
Effectiveness, as defined below, the Development Agreement shall be amended as follows:
1. The master development plan for the Land attached hereto as Exhibit B shall be
substituted in the place and stead of the Exhibit B attached to the Third Amendment.
2. The dwelling unit density table for the Land attached hereto as Exhibit B-1 shall be
substituted in the place and stead of the Exhibit B-1 attached to the Third
Amendment.
EXHIBIT
tie
1
below.
Attest:
Executed by the City and the Developer on the dates of their respective acknowledgements
Sara White, City Secretary
Approved as to form:
Stephan L. Sheets, City Attorney
CITY:
CITY OF ROUND ROCK
By:
Alan McGraw, Mayor
DEVELOPER:
NNP-TERAVISTA, LP
By: NNP -TV Communities, LP, a Texas limited
partnership, General Partner
By: NNP -TV Management, LLC, a Delaware
limited liability company, General Partner
By:
Name:
Title:
'rim-. RiAot
L. lw,,. Ltd
iAGs.; 03.-4- JI u- f c: r-
2
STATE OF TEXAS
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the day of , 2010, by
Alan McGraw, as Mayor of CITY OF ROUND ROCK, a home -rule city located in Williamson
County, Texas, on behalf of said city.
Notary Public, State of Texas
Print Name:
STATE OF TEXAS
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the 2-716 day of ZFCtr1LtQtrLj , 2010, by
P•Ian ROc-1Ci of NNP -TV Management, LLC, a
Delaware limited liability company, on behalf of said limited liability company as General Partner
of NNP -TV Communities, LP, a Texas limited partnership, on behalf of said limited partnership as
General Partner of NNP-TERAVISTA, LP, a Texas limited partnership, on behalf of said limited
partnership.
STATE OF
COUNTY OF
-13-x,iAGPaF�a�,
Notary Public State of Texas
Print Name: i -e-ild 7 9Civ)
1
�1�.14.1ks BRENDA SUSAN FAGAN
Notary Public, State of Texas
��. .. My Commission Expires
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LIST OF EXHIBITS
Exhibit B Concept Plan
Exhibit B-1 - Dwelling Unit Density Modification Table
4
EXHIBIT "B-1"
Teravista PA -6 Dwelling Unit Calculation:
Day Care Establishment Assumptions:
1 -Unit (LUE)/15 Students
250 Students (max) / 15 = 16.7 Units (LUE's)
Total Units (LUE's) Allocated for PA -6: 17(use 25)
H:\Project-Management\Teravista\TV-6\Tervista-Density-11-04-09
(Reserve)
Teravista Density Modification Table
Section
Original Approved
Concept Plan
Density (Dwelling
Units)
August 14, 2009
Revised Concept
Plan Density
(Dwelling Units)
New Revised
Concept Pian
Density
(Dwelling Units)
Net Effect
Thls
Amendment
PA -4/5
PA -1
PA -2
PA-3A/B
PA -6
PA -7&8
PA -9
PA-10A/B
PA -11
PA -12
PA -13A
PA -13B
PA -14
PA-15A/B
PA-16A/B
PA -17A
PA -17B
PA-18A/B
PA -19
PA -20
PA-21A/B
PA -22
PA -23
PA -28
PA -26/27
140
34
43
47
33
226
67
87
56
103
44
131
120
158
182
66
39
147
68
74
208
120
62
43
168
282
34
43
45
12
226
67
84
56
103
81
109
79
154
136
66
57
163
77
56
161
87
55
30
168
282
34
43
45
25
226
67
84
56
103
81
109
79
154
136
66
57
163
77
56
161
87
55
30
168
0
0
0
0
13
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
2466
2431
2444
-22
Teravista PA -6 Dwelling Unit Calculation:
Day Care Establishment Assumptions:
1 -Unit (LUE)/15 Students
250 Students (max) / 15 = 16.7 Units (LUE's)
Total Units (LUE's) Allocated for PA -6: 17(use 25)
H:\Project-Management\Teravista\TV-6\Tervista-Density-11-04-09
(Reserve)
DATE: February 18, 2010
SUBJECT: City Council Meeting — February 25, 2010
ITEM: 10F1. Consider a resolution authorizing the Mayor to execute the Fourth Amendment to
the Development Agreement with NNP—Teravista L.P.
Department: Planning and Community Development
Staff Person: Jim Stendebach, Planning and Community Development Director
Clyde von Rosenberg, Senior Planner
Justification:
The City and NNP — Teravista L.P. have a development agreement regarding the Teravista project, a mixed-
use development area located north of University Boulevard and west of FM 1460, in the city's
extraterritorial jurisdiction.
The proposed fourth amendment to the agreement revises the master plan to provide for a neighborhood
commercial area.
Strategic Plan Relevance:
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources:
N/A
Public Comment:
N/A
EXECUTED
DOCUMENT
FOLLOWS
FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT
This Fourth Amendment to Development Agreement (this "Fourth Amendment") is made
to be effective the date set forth below by and between the CITY OF ROUND ROCK, a home -rule
city in Williamson County, Texas (the "City") and NNP-TERAVISTA, LP, a Texas limited
partnership ("Developer").
RECITALS:
A. The City and Developer (then known as Newland -Round Rock Associates, L.P., its
name having been changed to NNP-Teravista, LP as evidenced by change of name recorded under
Document No. 199982273 in the Official Public Records of Williamson County, Texas) entered
into a Development Agreement (the "Development Agreement") effective September 10, 1998,
setting forth various agreements and understandings with respect to the development of
approximately 1,181 acres of land located within the extraterritorial jurisdiction of the City as a
master -planned, mixed use community to be known as "Stonewater" as more particularly described
in the Development Agreement.
B. Developer changed the name of the project to "Teravista," and has developed
substantial portions of the residential areas of the project, including completion of the golf course,
club house and related facilities.
C. The Development Agreement has been amended three times, in the First Amendment
to Development Agreement (the "First Amendment") to delete the portion of the original project
described in the First Amendment as the Round Rock Premium Outlets Project, in the Second
Amendment to the Development Agreement (the "Second Amendment") to delete a portion of the
original project described in the Second Amendment as the "Hospital Project" and in the Third
Amendment to the Development Agreement (the "Third Amendment") to update the master plan
and revise the development allocation.
D. The master development plan for the Land, Exhibit B, was replaced in the First,
Second and Third Amendments.
NOW, THEREFORE, in consideration of the premises set forth in the Recitals above, the
mutual covenants and agreements of the parties as hereinafter set forth, the mutual benefits to be
derived by the present and future residents of the City and the Developer, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and
the Developer hereby agree that effective only upon the satisfaction of all of the Conditions to
Effectiveness, as defined below, the Development Agreement shall be amended as follows:
1. The master development plan for the Land attached hereto as Exhibit B shall be
substituted in the place and stead of the Exhibit B attached to the Third Amendment.
2. The dwelling unit density table for the Land attached hereto as Exhibit B-1 shall be
substituted in the place and stead of the Exhibit B-1 attached to the Third
Amendment.
1
o - 02-? - (r7 F(
below.
Attest:
Executed by the City and the Developer on the dates of their respective acknowledgements
Sara White, City Secretary
Approved as to form:
J
Steph L. Sheets, City Attorney
CITY:
CITY OF ROUND ROCK
By:
Alan McGraw, Mayor
DEVELOPER:
NNP-TERAVISTA, LP
By: NNP -TV Communities, LP, a Texas limited
partnership, General Partner
By: NNP -TV Management, LLC, a Delaware
limited liability company, General Partner
By:
Name: g.. 6A... Qu C&
Title: KGs.ohw,,.i- ‘10 -1- R44 w. --t-
2
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on the day of , 2010, by
Alan McGraw, as Mayor of CITY OF ROUND ROCK, a home -rule city located in illiamson
County, Texas, on behalf of said city.
SARA L. WHITE
MY COMMISSION EXPIRES
July11,2012
STATE OF TEXAS
COUNTY OF WILLIAMSON
Notary Public, State of Texas
Print Name: 'ata L . /l,{,Z.
This instrument was acknowledged before me on the "r_] th day of TQi1UQ6•Lj , 2010, by
?'h`t jL1 j• 1�j�� sic Yti�` of NNP -TV Management, LLC, a
Delaware limited liability company, on behalf of said limited liability company as General Partner
of NNP -TV Communities, LP, a Texas limited partnership, on behalf of said limited partnership as
General Partner of NNP-TERAVISTA, LP, a Texas limited partnership, on behalf of said limited
partnership.
STATE OF
COUNTY OF
Notary Public State of Texas
Print Name: jir- do {- qfvl
Ankt BRENDA SUSAN FAGAN
Notary Public, State of Texas
My Commission Expires
Vilii v, December 30, 2013
3
LIST OF EXHIBITS
Exhibit B Concept Plan
Exhibit B-1 - Dwelling Unit Density Modification Table
4
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1027 Acre Conceptual Land Use (l
Application No. 98-1041
TERAVISTA
Round Rock EfJ, Texas
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EXHIBIT "B-1"
(Reserve)
Teravista PA -6 Dwelling Unit Calculation:
Day Care Establishment Assumptions:
1 -Unit (LUE)/15 Students
250 Students (max) / 15 = 16.7 Units (LUE's)
Total Units (LUE's) Allocated for PA -6: 17(use 25)
H: ‘Project-Management\Teravista\TV-61Tervista-Density-11-04-09
Teravista Density Modification Table
Section
Original Approved
Concept Plan
Density (Dwelling
Units)
August 14, 2009
Revised Concept
Plan Density
(Dwelling Units)
New Revised
Concept Pian
Density
(Dwelling Units)
Net Effect
This
Amendment
PA -4/5
PA -1
PA -2
PA-3A/B
PA -6
PA -7&8
PA -9
PA-10A/B
PA -11
PA -12
PA -13A
PA -13B
PA -14
PA-15A/B
PA-16A/B
PA -17A
PA -17B
PA-18A/B
PA -19
PA -20
PA-21A/B
PA -22
PA -23
PA -28
PA -26/27
140
34
43
47
33
226
67
87
56
103
44
131
120
158
182
66
39
147
68
74
208
120
62
43
168
282
34
43
45
12
226
67
84
56
103
81
109
79
154
136
66
57
163
77
56
161
87
55
30
168
282
34
43
45
25
226
67
84
56
103
81
109
79
154
136
66
57
163
77
56
161
87
55
30
168
0
0
0
0
13
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
2466
2431
2444
-22
(Reserve)
Teravista PA -6 Dwelling Unit Calculation:
Day Care Establishment Assumptions:
1 -Unit (LUE)/15 Students
250 Students (max) / 15 = 16.7 Units (LUE's)
Total Units (LUE's) Allocated for PA -6: 17(use 25)
H: ‘Project-Management\Teravista\TV-61Tervista-Density-11-04-09