R-10-06-10-9B1 - 6/10/2010RESOLUTION NO. R -10-06-10-9B1
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 update the master
development plan of the Project, and
WHEREAS, Exhibit "B-1" to the Agreement has been amended to update the dwelling unit
density table 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 Fifth
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.
RESOLVED this 10th day of June, 2010.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Secretary
0:\wdox\SCC1nts\0112\1005\MUNICIPAL\00193686.DOC/rmc
FIFTH AMENDMENT TO DEVELOPMENT AGREEMENT
This Fifth Amendment to Development Agreement (this "Fifth 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 four 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", in the Third
Amendment to the Development Agreement (the "Third Amendment") to update the master plan
and revise the development allocation, and in the Fourth Amendment to the Development
Agreement (the "Fourth Amendment") to update the master plan and the dwelling unit density
table.
D. The master development plan for the Land, Exhibit B, was replaced in the First,
Second, Third and Fourth 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 Fourth
Amendment.
1
EXHIBIT
"An
1
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 Fourth
Amendment.
Executed by the City and the Developer on the dates of their respective acknowledgements
below.
Attest:
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:
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.
STATE OF TEXAS
COUNTY OF WILLIAMSON
§
§
Notary Public, State of Texas
Print Name:
This instrument was acknowledged before me on the day of , 2010, by
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.
Notary Public, State of Texas
Print Name:
STATE OF §
COUNTY OF
§
3
LIST OF EXHIBITS
Exhibit B - Concept Plan
Exhibit B-1 - Dwelling Unit Density Modification Table
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EXHIBIT "B-1"
Teravista Density Modification Table
Section
Original Approved
Concept Plan
Density (Dwelling
Units)
Aug. 14, 2009
Revised Concept
Plan Density
(Dwelling Units)
Feb. 25, 2010
Revised Concept
Plan 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 -21 A/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)
Neighborhood Business Assumptions:
1 -Unit (LUE)/2,000 sf of Retail/Office
15,000 sf / 2,000 = 7.5 Units (LUE's)
Total Units (LUE's) Allocated for PA -6: 24.2 (use 25)
H: \Project -Man agement\Teravista\TV-61Tervista-Dens ity-05-06-10
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
Agenda Item No. 9B1.
Ci Council A enda Summar Sheet
Consider a resolution authorizing the Mayor to execute the Fifth Amendment to the
Agenda Caption: Development Agreement with NNP — Teravista L.P.
Meeting Date: June 10, 2010
Department: Planning and Community Development
Staff Person making presentation: Jim Stendebach
Planning and Community Development Director
Item Summary:
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 fifth amendment to the agreement revises the master plan to provide for neighborhood commercial
uses in addition to the day care use which was approved in the fourth amendment on February 25, 2010. This area
contains 2.96 acres and is ideally located central to the Teravista neighborhood making it readily accessible to
pedestrians and cyclists.
Strategic Plan Relevance:
Environmentally friendly, sustainable community. Goal 7.0
Cost: N/A
Source of Funds: N/A
Date of Public Hearing (if required): N/A
Recommended Action:
RECORDED
DOCUMENT
FOLLOWS
uu
IDJ
111111111
111111111111111111111111111111111111111 :G:G,
2010046125
FIFTH AMENDMENT TO DEVELOPMENT AGREEMENT
This Fifth Amendment to Development Agreement (this "Fifth 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 four 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", in the Third
Amendment to the Development Agreement (the "Third Amendment") to update the master plan
and revise the development allocation, and in the Fourth Amendment to the Development
Agreement (the "Fourth Amendment") to update the master plan and the dwelling unit density
table.
D. The master development plan for the Land, Exhibit B, was replaced in the First,
Second, Third and Fourth 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 Fourth
Amendment.
1
below.
Attest:
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 Fourth
Amendment.
Executed by the City and the Developer on the dates of their respective acknowledgements
Sara White, City Secretary
Appr • v - • as to form:
Stephan ' . 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: 1. -_,44,,f -Lo
(1-, l(AAA (fie..idA
ii -i1., vt ,42.. P,p(r, ct,4.—r
Name:
Title:
2
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the 10'Eh day of nu , 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.
STATE OF TEXAS
Notary Public, St to of Texas ,
Print Name: ik L .I&4' i4
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the2 day of. k L. , 2010, by
accri ji \L -P. 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.
"p BRENDA SUSAN FAGAN
.ff/ ,Notary Public, State of Texas
�� r,, My Commission Expires
''•aA> ' December 30, 2013
STATE OF
COUNTY OF
Notary Public Ste of Texas
Print Name: re,o
3
LIST OF EXHIBITS
Exhibit B Concept Plan
Exhibit B-1 - Dwelling Unit Density Modification Table
r
4
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation.
t
EXHIBIT "B-1"
Teravista Density Modification Table
Original Approved
Concept Plan
Density (Dwelling
Section Units)
Aug. 14, 2009
Revised Concept
Plan Density
(Dwelling Units)
Feb. 25, 2010
Revised Concept
Plan 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 -21 A/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
2466 2431
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
.2444
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
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)
Neighborhood Business Assumptions:
1 -Unit (LUE)/2,000 sf of RetaiVOffice
15,000 sf / 2,000 = 7.5 Units (LUE's)
Total Units (LUE's) Allocated for PA -6: 24.2 (use 25)
(Reserve)
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2010046125
H: \Project-Management\Teravista1TV-6\Tervista-Density-05-06-10
City of Round Rock
(r) 221 E. Main St,
Round Rock, TX 78664
07/13/2010 10:07 AM
JNETHERBY $40.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS