Contract - NNP-Teravista, LLC - 5/10/2018 SEVENTH AMENDMENT TO DEVELOPMENT AGREEMENT
This Seventh Amendment to Development Agreement (this "Seventh 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, LLC, a Texas
limited liability company ("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. Section 11.01 of the Development Agreement states that the 15 year term of the
Agreement may be extended, at Developer's request and the City's approval, for up to three
successive five-year periods.
D. The Development Agreement was previously extended, at Developer's request and
with the City's approval, for one of the three aforementioned five-year periods, such that the current
expiration date of the term of the Development Agreement is September 10, 2018.
E. Developer and the City now desire to execute this Seventh Amendment for the
purpose of extending the Development Agreement for a second five-year period, constituting the
second of three potential five-year extensions of the term of the Development Agreement.
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 Term of the Development Agreement, as stated in Section 11.01, is hereby
extended for an additional five-year period, ending on September 10, 2023.
1
Executed by the City and the Developer on the dates of their respective acknowledgements
below.
CITY:
CITY OF ROUND ROCK
By:
_ 1,1Avj 0 /
Craig Morg , May
Attest:
DIV". kau;�t
Sara White, City 9@Q;9&A;y
Approved as to form:
<:::�ALtv
Stephan . Sheets, City Attorney
DEVELOPER:
NNP-TERAVISTA L
A Texas li iab' t com any
By: ✓�
Name: dainer Ficken
Title: ice President,NNP-Teravista, LLC
2
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the '0"-day of , 2018, by
Craig Morgan, as Mayor of CITY OF ROUND ROCK, a home-rule city located A Williamson
County, Texas, on be4ifiolfiwl city.
d cP
~ 0
h - Notary Publi tate of Te s
it,&of A� Print Name: QJA ,
09,o9:Zp`�����`�
IIItO�
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the o23 Wday of /U1 , 2018, by
Rainer Ficken, Vice President of NNP-Teravista, LLC, a Texas limited liability company, on behalf
of said company.
Notary Public, State of Texas
Print Name: t no N
R. H I N OJ O SA
Notary Public,State of Texas
Comm. Expires 03-01-2020
Notary ID 3279918
3
CERTIFICATE OF INTERESTED PARTIES
FORM 1.295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2018-348058
NNP Teravista, LLC
Austin,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 05/03/2018
being filed.
City of Round Rock Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
Development Agreement
7th Amendment to Development Agreement
Nature of interest
4
Name of Interested Parry City,State,Country(place of business) (check applicable)
Controlling I Intermediary
NASH-Newland, LLC San Diego,CA United States X
5 Check only if there is NO Interested Party.
6 UNSWORN DECLARATION
My name is Rainer Ficken and my date of birth is
My address is 13809 Research Blvd,Suite 475 Austin Ix 78750 USA
(street) (city) state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Williamson county, to of Texas o the 3rd day of May ,2018
(month) (year)
Signature of authorize gent of contracting business entity
{ clarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523
CERTIFICATE OF INTERESTED PARTIES FORM 1295
10f1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2018-348058
NNP Teravista, LLC
Austin,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 05/03/2018
being filed.
City of Round Rock Date Acknowledged:
05/10/2018
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
Development Agreement
7th Amendment to Development Agreement
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
NASH-Newland, LLC San Diego, CA United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is 1
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523
ELECTRONICALLY RECORDED 2018041539
Williamson County, Texas Total Pages: 6
SEVENTH AMENDMENT TO DEVELOPMENT AGREEMENT
This Seventh Amendment to Development Agreement (this "Seventh 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, LLC, a Texas
limited liability company ("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. Section 11.01 of the Development Agreement states that the 15 year term of the
Agreement may be extended, at Developer's request and the City's approval, for up to three
successive five-year periods.
D. The Development Agreement was previously extended, at Developer's request and
with the City's approval, for one of the three aforementioned five-year periods, such that the current
expiration date of the teiiu of the Development Agreement is September 10, 2018.
E. Developer and the City now desire to execute this Seventh Amendment for the
purpose of extending the Development Agreement for a second five-year period, constituting the
second of three potential five-year extensions of the term of the Development Agreement.
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 Term of the Development Agreement, as stated in Section 11.01, is hereby
extended for an additional five-year period, ending on September 10, 2023.
1
``'4918""51,7
2018041539 Page 2 of 6
Executed by the City and the Developer on the dates of their respective acknowledgements
below.
CITY:
CITY OF ROUND ROCK
By:
Craig Morga , May.'
Attest:
3.1V1/1„1-- . 1A,Cirri
Sara White, City
Approved as to form:
4141164*..1111k L A
-Atm 1
Stephan k. Sheets, City Attorney
DEVELOPER:
NNP-TERAVISTA L
A Texas li i iab° t, corn,'any
_ r
By: �
Name: 'ainer Ficken
Title: 'Vice President, NNP-Teravista, LLC
2
2018041539 Page 3 of 6
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
e,,k6
This instrument was acknowledged before me on the It.)- day of „kk(kw\ , 2018, by
Craig Morgan, as Mayor of CITY OF ROUND ROCK, a home-rule city located iiii Williamson
County, Texas, on belloginiis* city.
.0 .. .,
,
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P ; i ........7 Notary Publi tate of Te s .
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:::-. %.• e ofs- .... --77` Print Name: kk,- •
-;:- '.....p.xplik0,* .§..
NiiimilikostA0
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
,1 9
This instrument was acknowledged before me on the cl3 ckday of / -pi i 1 , 2018, by
Rainer Ficken, Vice President of NNP-Teravista, LLC, a Texas limited liability company, on behalf
of said company.
r) i
1\
Notary Public, State of Texas
Print Name:
,
. _
,t.I,4
R. HINOJOSA
/
1 No
Notary
Plixilliclres0State
o1-2f-1e0x2a
Comm 0
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, <, , .,,I:'
,,,, OF .,,,
',I,wi, Notary ID 3279918
3
2018041539 Page 4 of 6
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business, 2018-348058
NNP Teravista, LLC
Austin,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 05/03/2018
being filed.
City of Round Rock Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
Development Agreement
7th Amendment to Development Agreement
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
NASH-Newland, LLC San Diego,CA United States X
5 Check only if there is NO Interested Party.
El
6 UNSWORN DECLARATION
My name is Rainer Ficken , and my date of birth is 9/3/66.
My address is 13809 Research Blvd,Suite 475 , Austin "X , 78750 , USA
(street) (city) state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Williamson County .te of Texas , ❑ the 3rd day of May ,2018
(month) (year)
Atka
Signature of authorize•r gent of contracting business entity
(R-claranl)
Forms provided by Texas Ethics Commission www.ethics.state.b.us Version V1.0.5523
2018041539 Page 5 of 6
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2018-348058
NNP Teravista, LLC
Austin,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 05/03/2018
being filed.
City of Round Rock Date Acknowledged:
05/10/2018
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
Development Agreement
7th Amendment to Development Agreement
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
NASH-Newland, LLC San Diego, CA United States X
5 Check only if there is NO Interested Party.
6 UNSWORN DECLARATION
My name is , and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of ,on the day of ,20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523
2018041539 Page 6 of 6
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2018041539
Pages: 6 Fee: $37.00
05/16/2018 10:32 AM
,
,If. i�� •I .l v ���
Nancy E. Rister,County Clerk
Williamson County,Texas