Contract - TOTKN LLC - 12/5/2019 FIRST AMENDMENT
TO ECONOMIC DEVELOPMENT PROGRAM AGREEMENT
THIS FIRST AMENDMENT TO ECONOMIC DEVELOPMENT PROGRAM
AGREEMENT (the "First Amendment") is dated and entered into as of the day of
OZ
Wember, 2019, by and between the City of Round Rock, Texas (the "City"), and TOTKN,
LLC("TOTKN").
RECITALS
WHEREAS,on the 14!'day of March,2018,the Parties entered into that one certain Economic
Development Program Agreement(the"Agreement");and
WHEREAS,the Parties wish to amend the Agreement to extend the deadline for completion of
the Facility;
NOW THEREFORE, in consideration of the mutual. covenants and agreements herein
contained, the sufficiency of which are hereby conclusively acknowledged, and subject to the
terms and conditions hereina$er set forth,the Parties mutually agree as.follows:
ARTICLE I
DEFINITIONS
l.d�. All terms used herein.shall have the meanings assigned to them in the Agreement unless
the context clearly requires otherwise.
ARTICLE II
AMENDMENT TO SECTION 41
2.01 Section 4.1 of the Agreement is hereby amended to read as follows:
4.1 Facility. TOTKN agrees to spend at least$10,000,000.00 to construct and complete
the Facility on or before the 1st day of December 31,2021.TO1KN agrees to provide the
City with documentation that shows proof that this obligation has been satisfied,and the
City shall have the right, following reasonable advance notice to TOTKN, to audit
TOTKN's records relating to the construction of the Facility to verify same.
ARTICLE III
MISCELLANEOIJS
3.01 To the extent necessary to effect the terms and provisions of this First Amendment,
the Agreement is hereby amended and modified.In all other respects,the aforesaid.Agreement is
hereby ratified and confirmed.
4.02 This First Amendment may be executed in counterparts, each of which shall be an
original and all of which together shall constitute but one and the same instrument.
CITY OF ROUND ROCK,TERAS,
a home rule city and municipal corporation
By:
l
Crai Morg ayor
APPRO ..,D to form;
c
N J
Step
L
han L. heets,City Attorney
TO'rKN,LLC
a Texas limited liability company
By: f
Janf/es Michael Farr,Manager
Date: 3
00434232sls
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties.
Complete Nos.1,2,3,5,and 6 if there are no interested parties. OFFICE USE ONLY
1 Name of business entity filing form,and the city,state and count :of the business enti s )ace CERTIFICATION OF FILING
of business. tY' p Certificate Number:
TOTKN,LLC 2019-561329
Dripping Springs,TX United States
2 Name of governmental entity or state agency that is a party to the contract for which the form is Date Filed:2019
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,
000000
Economic incentives provided by the City of Round Rock in the form of some waived fees and tax rebates.
4
Name of Interested Pa Nature of interest
City,State,Country(place of business) (check applicable)
Controlling I intermediary
5 Check only if there is NO Interested Party.
6 UNSWORN DECLARATION
My name is /17(1 '
r and my date of birth is
My address is l %
(street) .
(ci } (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in_ r ✓I County, State of
on the /"-
day of AA' ,20f
(month) (year)
Signature oftFiorized agent of cant cting business entity
(Declarant)
Forms provided by Texas Ethics Commission
www.ethics.state.tx.us Version V1.1.3a6aaf7d
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.
TOTKN, LLC 2019-561329
Dripping Springs,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 11/13/2019
being filed.
CITY OF ROUND ROCK Date Acknowledged:
11/15/2019
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.
000000
Economic incentives provided by the City of Round Rock in the form of some waived fees and tax rebates.
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party.
X
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 V1.1.3a6aaf7d