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HomeMy WebLinkAboutResolution - 2022-R0185 - Interlocal Agreement with Lubbock Central Appraisal District - Northwest Passage PIDResolution No. 2022-RO185 Item No. 7.9 April 26, 2022 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute and on behalf of the City of Lubbock, an Interlocal Agreement for the Collection of Assessme Levied on Property Within the Northwest Passage Public Improvement District, by and betw the City of Lubbock and Lubbock Central Appraisal District of Lubbock, Texas, and rele documents. Said Agreement is attached hereto and incorporated in this resolution as if fully forth herein and shall be included in the minutes of the City Council. Passed by the City Council on April 26, 2022 DANIEL M. POPE, MAYOR ATTEST: Garza, City APPROVED AS TO CONTENT: l D. lu K,6stelich, Chief Financial Officer APPROVED AS TO FORM: r�qlv KJIIi Leisure, Assistant City Attorney ccdocs/RES.Interlocal Agreement-LCAD, NWPassage PID 4.4.20 Resolution No. 2022-RO185 INTERLOCAL AGREEMENT FOR THE COLLECTION OF ASSESSMENTS LEVIED ON PROPERTY WITHIN THE NORTHWEST PASSAGE PUBLIC IMPROVEMENT DISTRICT This Interlocal Agreement for the Collection of Assessments Levied on Property Within the Northwest Passage Public Improvement District (this "Agreement") is made by and between the City of Lubbock, Texas, a State of Texas Home Rule Municipal Corporation (the "City"), and the Lubbock Central Appraisal District, (the "LCAD") (each a "Party" and collectively the "Parties"), for the collection of assessments levied within the Northwest Passage Public Improvement District of the City of Lubbock (the "PID") pursuant to the authority granted by, and in compliance with, the provisions of the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, and the provisions of Chapter 372 of the Texas Local Government Code (the "Act"). RECITALS WHEREAS, on September 14, 2021 the City Council of the City (the "Council") passed Resolution 2021-R0363 according to the Act, and designated the Council as the entity responsible for the management and provision of services to the PID, with such Resolution attached to this Agreement as "Exhibit A"; and WHEREAS, on November 1, 2021, the Council passed Ordinance 2021-00152, approving the Service Plan for the PID, with such Service Plan attached to this Agreement as "Exhibit B" ; and WHEREAS, the Council levied assessments for 2022 in accordance with the Service Plan; and WHEREAS, the Act requires that the Council annually review the Service Plan, prepare and file a proposed assessment roll with the City Secretary, schedule a public hearing and receive public comment on the proposed assessments to be levied on the property within the PID, and levy assessments according to the Service Plan; and WHEREAS, the Council desires to enter into a contract with LCAD to provide all the services necessary for the collection of assessments levied by the Council against the property within the PID and to deposit such assessments with the City for the benefit of the PID; and WHEREAS, LCAD is able and willing to perform said assessment collection services and desires to enter into a contract with the City for the collection of assessments levied on property within the PID; and NOW THEREFORE, the Parties agree as follows: AGREEMENT ARTICLE I: RECITALS AND EXHIBITS MADE A PART OF AGREEMENT The representations, covenants, and recitations set forth in the foregoing Recitals are material to this Agreement and are hereby incorporated into and made a part of this Agreement as though they were fully set forth in this Article I. "Exhibits A and B" attached hereto are incorporated into this Agreement as if fully set forth herein. City of Lubbock & Lubbock Central Appraisal District — Northwest Passage Pm Assessment Collection Agreement Page 4 ARTICLE II: RESPONSIBILITIES OF LCAD (a) LCAD, acting by and through its duly authorized officers, does hereby agree to perform all calculation and collection services on behalf of the PID pursuant to the Act and City Ordinance 2021-00152, and to forward said funds to the City for deposit into a fund designated for assessments levied on property within the PID (the "PID Fund"). (b) LCAD agrees to identify the properties within the PID liable for assessment and to calculate the assessment due to the PID based on the City's 2022 net taxable value as determined by LCAD for each property designated to be assessed under Ordinance 2021-00152. (c) LCAD will send assessment bills to each affected property owner within the PID prior to November 15, with such assessment bills due the following January 31.On or before March 1 of each year, and again prior to May 1, LCAD will calculate the amount of assessments collected from property owners within the PID, and such amount shall be forwarded to the City for deposit into the PID Fund. ARTICLE III: RESPONSIBILITIES OF THE CITY (a) The City shall provide to LCAD the following documents: a certified copy of Ordinance 2021- 00152; a list of the properties within the PID, identified by legal description and appraisal district account number, designated for assessment under current and future assessment ordinances; and, the name and phone number of a designated City official to be included on the annual assessment bill for the purpose of answering questions concerning the assessment contemplated under this Agreement. (b) The PID, acting by and through its Board of Directors and the Council, does hereby agree to pay to LCAD as compensation for services rendered pursuant to this Agreement, for all parcels within the PID, an amount equal to the cost per parcel for all other cities and independent school districts as calculated in the AGREEMENT FOR ASSESSMENT AND COLLECTION OF TAXES between the City and LCAD or one quarter ('/) of one percent (1%) of the annual collection budget of LCAD, whichever is greater. (c) The compensation considered in Article III (b) shall be deducted by LCAD from the total annual PID assessment collected prior to the collected funds being forwarded to the City for deposit. Such deduction in the total annual amount of annual collected assessment shall include a notation of the amount deducted and all relative documentation. ARTICLE IV: COLLECTION OF DELINQUENT ASSESSMENTS LCAD may contract with any competent attorney to assist in the collection of delinquent assessments on behalf of the City acting for the PID. The attorney's compensation shall be set in the contract, but the total amount of compensation provided to the attorney may not exceed the amount authorized in Section 6.03 of the Texas Property Tax Code. Said compensation shall be a deduction in the total annual amount of annual collected assessment and shall include a notation City of Lubbock & Lubbock Central Appraisal District — Northwest Passage PID Assessment Collection Agreement Page 5 of the amount deducted and all relative documentation. ARTICLE V: TERM The term of this Agreement shall be for a period of one (1) year, from the date of execution of this Agreement (the "Term"). The Term may be extended through a writing signed by the Parties that incorporates identical provisions laid out in this Agreement (an "Extension"). ARTICLE VI: TERMINATION (a) This Agreement shall not be terminated for convenience by either Party during the Term or any Extension. (b) Upon the breach of any of the provisions contained in this Agreement, the non -breaching Party may terminate this Agreement after giving sixty (60) days written notice to the breaching Party. (c) In the event of early termination provided for in section (b) of this Article, LCAD shall immediately forward to the City any and all funds collected before termination in accordance with Articles II and IV of this agreement. ARTICLE VII: NOTICE Whenever notice of any kind is authorized or required to be made under this Agreement, such notice shall be given by United States registered or certified mail, postage prepaid, return receipt requested and addressed to the Parties as set out below, or to such other address as may hereafter be designated: NORTHWEST PASSAGE PUBLIC IMPROVEMENT DISTRICT LUBBOCK CENTRAL APPRAISAL DISTRICT CITY OF LUBBOCK CHIEF APPRAISER, LCAD P.O. Box 2000 P.O. Box 10542 1314 AVENUE K 2109 AVENUE Q LUBBOCK, TExAs 79457 LUBBOCK, TExAs 79408 ARTICLE VIII: AMENDMENTS This Agreement constitutes and expresses the entire arrangement between the Parties and shall not be amended or modified except by written instruments signed by both Parties. SIGNATURES IN WITNESS WHEREOF, the Parties hereby execute this Agreement by their duly authorized representatives on April 26 , 2022. City of Lubbock & Lubbock Central Appraisal District — Northwest Passage PID Assessment Collection Agreement Page 6 FOR LCAD: '�' dl-W Greg Jones, Chai a Board of Directors FOR LCAD: i7 by McQueen, Secretary Board of Directors FOR CITY: — 1�- --A� Daniel M. Rtpe, Mayor ATTEST: Becky Garza, City Secretal(� AS TO CONTENT: D. W16Kastdtich, Chief Financial Officer AS TO FORM: elli Leisure, Assistant City Attorney City of Lubbock & Lubbock Central Appraisal District — Northwest Passage PID Assessment Collection Agreement Page 7 Resolution No. 2021-RO363 EXHIBIT A Item No. 8.8 September 14, 2021 RESOLUTION A RESOLUTION OF THE CITY OF LUBBOC& TEXAS, APPROVING AND AUTHORIZING THE CREATION OF THE NORTHWEST PASSAGE PUBLIC IMPROVEMENT DISTRICT WHEREAS, the City Council (the "Council') of the City of Lubbock (the "City') has received a petition (the "Petition') with signatures from the record owners of taxable real property representing more than fifty percent (509,16) of the appraised value of an area within the City as determined by the most recent certified appraisal roll of the Lubbock Central Appraisal District, and owners of more than fifty percent (501/6) of the area of all taxable real property that is liable for assessment under the area covered by the Petition; and WHEREAS, the Petition requests that the City establish a public improvement district according to Chapter 372 of the Texas Local Government Code for the general purpose of financing improvements and services related to: (a) The design, construction and maintenance of parks and greens together with any ancillary structures, features or amenities such as playgrounds, athletic facilities, pavilions, community facilities, bridges, walkways, lighting, benches, trash receptacles and similar items located therein along with all necessary grading, drainage and similar infrastructure involved in the construction of such parks and greens; landscaping, hardscaping and irrigation; the design, construction and maintenance of water features such as lakes, ponds and fountains; distinctive lighting and signs; construction and improvement of pedestrian malls, passages or pathways including pedestrian bridges; design, construction and improvement of vehicular bridges and low water crossings; design, construction and improvement of community meeting halls or similar buildings; design, construction and improvement of community monuments, towers, and other amenity -type structures; acquisition and installation of art work; design, acquisition, installation, and improvement of telecommunication and similar technology systems; and special supplemental services defined in the Act, together with related permits and licenses; and (b) Payment of costs associated with developing and financing the public improvements listed in subdivision including costs of establishing, administering and operating the District; and (c) The District shall prioritize its expenditures as follows: (i) design, construction, maintenance, and financing for drainage improvements; then (ii) design, construction, maintenance, and financing for park improvements; then (iii) selection, acquisition, and maintenance for public art; then (iv) all other allowable improvements and related expenditures; and EXHIBIT A WHEREAS, the Petition, a copy of which has been attached to and made a part of this Resolution as "Exhibit I", was examined, verified, found to meet the requirements of Section 372.005(b) of the Texas Local Government Code, and accepted by the City Council; and WHEREAS, the Petition covers property within an area generally bounded by Frankford Avenue on the west, Quaker Avenue on the east, Kent Avenue and Highway 84 on the north, and Marshall Avenue on the south, with such property being the development known as Northwest Passage, and a description and depiction of the property covered by the Petition is attached hereto and made a part of this Resolution as "Exhibit 2' ; and WHEREAS, notice of the public hearing was published in the Lubbock Avalanche - Journal, a daily paper of general circulation in the City, such publication date being before the fifteenth (15t') day before the date of the public hearing, stating the time and place of the public hearing, the general nature of the services, the estimated cost of the services, the boundaries of the proposed public improvement district, the method of assessment, and the apportionment of cost between the public improvement district and the City; and WHEREAS, before the fifteenth (15t') day before the date of the public hearing, written notice of the proposed public improvement district was mailed to the current addresses of the record owners, as reflected on the most recent certified appraisal roll of the Lubbock Central Appraisal District, of property subject to assessment under the proposed public improvement district; and WHEREAS, the public hearing was convened at the time and place mentioned in the published notice, on the fourteenth (10) day of September, 2021, at five (5:00) p.m., at Citizen's Tower, located at 1314 Avenue K, Lubbock, Texas; and WHEREAS, in accordance with the published and mailed notices, the Council called the public hearing and heard public comment from interested persons speaking in favor or opposition to the proposed public improvement district and the Council heard a report by City staff on the advisability of the proposed public improvement district and its benefits to the City and to the property within the boundaries of the proposed public improvement district; and WHEREAS, the proponents of the proposed public improvement district offered evidence, both oral and documentary, in favor of all of the foregoing matters relating to the creation of the proposed public improvement district, and opponents of the public improvement district were given the opportunity to appear to contest authorization of the proposed public improvement district, after which the Council closed the hearing; and NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1: THAT the facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct. EXHIBIT A SECTION 2: THAT after conducting a public hearing, examining evidence, and hearing testimony, the City Council finds and determines the following: (a) That the public hearing on the advisability of authorizing the Northwest Passage Public Improvement District has been properly called, held, and conducted and that notice of such hearing has been published and mailed as required by law and delivered to the current address of the owners of property subject to assessment under the Northwest Passage Public Improvement District; and (b) That authorization of the Northwest Passage Public Improvement District with boundaries depicted and described in "Exhibit 2" is advisable and will result in benefits to the City, its residents, and the property owners in the Northwest Passage Public Improvement District for the general purpose of financing improvements and services related to: (a) The design, construction and maintenance of parks and greens together with any ancillary structures, features or amenities such as playgrounds, athletic facilities, pavilions, community facilities, bridges, walkways, lighting, benches, trash receptacles and similar items located therein along with all necessary grading, drainage and similar infrastructure involved in the construction of such parks and greens; landscaping, hardscaping and irrigation; the design, construction and maintenance of water features such as lakes, ponds and fountains; distinctive lighting and signs; construction and improvement of pedestrian malls, passages or pathways including pedestrian bridges; design, construction and improvement of vehicular bridges and low water crossings; design, construction and improvement of community meeting halls or similar buildings; design, construction and improvement of community monuments, towers, and other amenity -type structures; acquisition and installation of art work; design, acquisition, installation, and improvement of telecommunication and similar technology systems; and special supplemental services defined in the Act, together with related permits and licenses; and (b) Payment of costs associated with developing and financing the public improvements listed in subdivision including costs of establishing, administering and operating the District; and (c) The District shall prioritize its expenditures as follows: (i) design, construction, maintenance, and financing for drainage improvements; then (ii) design, construction, maintenance, and financing for park improvements; then (iii) selection, acquisition, and maintenance for public art; then (iv) all other allowable improvements and related expenditures; and EXHIBIT A (c) That the total estimated cost of services and improvements to be paid by the assessment generated within the Northwest Passage Public Improvement District through Fiscal Year 2025-26 is approximately five hundred sixteen thousand eight hundred thirty six dollars ($516,836) (the "Costs'), with such Costs being described in "Exhibit 3" attached to and made a part of this Resolution; and (d) That the Costs will be paid by the proposed assessment rate of fifteen cents ($0.15) per one hundred dollars ($100) of valuation of property within the Northwest Passage Public Improvement District through Fiscal Year 2025-26, with such proposed assessment being described in "Exhibit 3"; and (e) That as to the apportionment of the Costs between the Northwest Passage Public Improvement District and the City, all the Costs will be paid by the Northwest Passage Public Improvement District through assessments on the property within the boundaries of the Northwest Passage Public Improvement District. SECTION 3: THAT subject to Chapter 372 of the Texas Local Government Code, the City Council hereby authorizes a public improvement district over the area depicted and described in "Exhibit 2" and such public improvement district shall be identified as the Northwest Passage Public Improvement District, City of Lubbock, Texas. SECTION 4: THAT the City Council hereby creates the Northwest Passage Public Improvement District Advisory Board for the Northwest Passage Public Improvement District. The Northwest Passage Public Improvement District Advisory Board shall act as an advisory board of the City of Lubbock, and shall initially be composed of five (5) members, each of whom will represent a developer of the property within the Northwest Passage Public Improvement District. The Northwest Passage Public Improvement District Advisory Board shall follow any and all rules, regulations, policies, and procedures related to City of Lubbock advisory boards and the Criteria and Guidelines for Public Improvement Districts. The initial members of the Advisory Board for the Northwest Passage Public Improvement District shall serve a two (2) year term. The City Council may extend the term of the initial governing board beyond two (2) years. The initial Advisory Board of the Northwest Passage Public Improvement District will provide recommendations to the City Council on all matters related to the initial development of the Northwest Passage Public Improvement District, including matters related to the Costs and to the assessments on properties located within the Northwest Passage Public Improvement District. Upon the end of the term of the initial Advisory Board members of the Northwest Passage Public Improvement District, an election will be held for the Northwest Passage property owners to vote on each of the five seats. Once an election has taken place, the City Council will appoint the members of the Northwest Passage Public Improvement District Advisory Board. The PID Board shall adopt and be governed by a set of bylaws that, among other things, direct the PID Board as to its membership, its purpose, and its procedure for conducting business related to the Northwest Passage Public Improvement District. EXHIBIT A SECTION 5: THAT the notice of this authorization for the Northwest Passage Public Improvement District shall be published in a newspaper of general circulation within the City of Lubbock, Texas and Lubbock County, Texas. SECTION 6: THAT if any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. Passed by the City Council this 14th day of September , 2021. ATTEST: STEVE "A..fA &W s . PRO TEM Efpff I - A Who LI AS TO Brianna Gerardi, Direkor of business Development APPROVED AS TO FORM: 6 1 P%- J, kmt�j lli Leisure, Assistant City Attorney EXHIBIT A EXHIBIT 1 CITY OF LUBEOM COUNTY OF L MDOM STATE OFTBXAS C RTMCA77ON OF SUFFiCUMIT PETITION I hereby crag►. in the peu fOmiance of die fuwdm of my of hm. that the atmdwd Pdkkm, from popetty owners toq=sft the City of Lubbock eddAsh a Public Ieeapr+ t Dbbict (PID) for the Proposed Nm&wmst Passage developamnt, has bees vaMed and is sufficient. And. that Public Impwvemmt Dietricta can only be irddated by a pdWm of property owners who and a value test ad an area test, pwmw to Taxes Local GovemanM Code, Sea 372.005 (b). And, the smamy two to requhvwAm was met (1) pedtiom is signed by the owners of taxable real properly reprPip d more d= SO% of the appraised mdue of the taxable real Property liable for matoned by the emmut roH of the appraisal did dd (Aupst 11, 2021 � in the area known as Northwrost Passage, as shown on do aetmW map; die petidoners own 10096 of the area witch. the proposed Northwest PSMV PID; (2) Pcddm must be 9800d by the noord owners of property that cor wide more dean 50% of the number of record owners or the record owners -of mare than SO% ofthe area widdn the PID, the petitiereas own 100% of die total area wi dda the proposed NordmW Passage PID area. I f ndw co dfy dw I am to Qhy Secreeary of der Chy of Lubbock, drat said docummaeppeac of record is MY oB[M I bane custody of a dd reooand dmt I am a hid posaesaor and keepera id have le of cudody of der records in said office. In whoess whereof I have haaralo set my head mdaffieoed die official seal of said office the 13di day of Auger. 2021. (may Sao EXHIBIT A of Lubbock Date: August 12, 2021 To: Becky Garza, City Secretary From: Cheryl Brock, Director of Financial Planning and Analysis CC: Blu Kostelich, Chief Financial Officer Re: Northwest Passage Public Improvement District Petition Recently, the City of Lubbock received petitions from Property Owners requesting the City of Lubbock establish a Public Improvement District (PID) for the proposed Northwest Passage development shown on the attached map. PID establishment can only be initiated by a petition of property owners who meet two tests outlined in the state statute. The first test is that the petition is sufficient if signed by the owners of taxable real property representing more than 50 percent of the appraised value of the taxable real property liable for assessment by the current roll of the appraisal district (August 11, 2021). Since the petitioners, own 100 percent of the taxable real property value within the boundary, the petition passes the value test. The second test is that the petition must be signed by the record owners of property that constitute more than 50 percent of the number of record owners or the record owners of more than 50 percent of the area within the PID. The petitioners own 100 percent of the total area within the proposed Northwest Passage PID area so they pass the area test. The notarized signature on the Northwest Passage petitions were validated by a visual review and owners on the petitions were verified against the current tax roll received from Lubbock Central Appraisal District bythe Financial Planning and Analysis Department and reviewed by GIS and Data Services. EXHIBIT A EXHIBIT 1 Uwdw WftWPsWftOmMd " ua000ctm 7m =7 st0o grom. A s� MANCStA 0,64 � � 7 WNW" stooswosowiursr ssc>Boo ssmussumes� auamc�� WMOO�At 7Nm uric "Iss AmrNwaAass�sos moo Arx man s IUMA u , Onsscaasssimi uissoa u ism wssoaU sit sun mmoADYIIwsr Sasaoo mawm7 wcsisscusawsul ■ � w w a w w ' w w R"li111 7�,� I,T::.—. I;I ,.:IIIIIII II I'; ,;; i; " li,l. rli iitf lll� •.III. _ „� li•_=; .. .. ' I`Illll _at", t:uullIlr1111! -I� - _.� . rlr _ r I 'llr=_•=.- _ _I, 11I11.- _ / :Iillr,r .r... rr.It' i...�• - '}, Ilfr Inlll► �'\�:I .n .....,11�I tlI IIII�I U<I nTi-1-,r Irlrr —Lill III L.a ,..III r�• .Ir. _ _ - IIIIf I1rIIIj IIII III\ \�1 1� III 1rc �Il, i, �pl r III I. �� �.I�� -- •- -1` 13: P- . 0 on EXHIBIT A EXHIBIT 1 %*9-"Sff-04- ' COMPAAIIB$ Jcnte A 2MI Cheryl Brock City of Lubbock, 7X PO Box 2WO Lubbock, 7 X 79457 RB: Nomtbwast Pale Public Improvement District Doc Mrs. Brock: Nordwim Passe is a commercial developmew within the city limits of the City of Lubbock bound an do west by Frankford Avenue, the Bast by Quaky Avemm and the properties ft000ft on it, the North by Kew Avenue and the properties homing on US Highway 84, and the South by the aft noob of Marshall Avenue. We are proposing ro cmate a Public Improvement District (PID) to mainWa the public lamprovanents for Nonhwast Passages This IMw addresses the ze mahft petition requirements from the PID PbUcies and Guidelines. 1. Anwmw o kng-term bacltng and dapport fim dw dewlWr. T1w developer commits to lonS-term backing and support of the FM through service on the PID Advisory Board, a proposed contract with the PiWOty for ecquiddon of ca Wn leads committed to improvements, and payment of PID ate. 2. Prooedremjbr Smnina im ojPM Advisory Board which wN make ris�mnrandattacs w the Cky Com W on the wowd budget mid *g-lerm plans: The PID Advisory Bond will be nominated by the property owners in the PID, by area. 3. Befits of do PID to dw cbrted pAVWV owners and aD the CO as a whale.• The PiD will benOW the dhMd property owaas and the CRY of Lubbock by atwring a well- maWWWd qui ty mixed -use dmlop ment, creation of and nmointeneoc a ofstorntwo rr drainege (in comtjum:dm with proposed City iatprovem@uts of storm sewer from Qwdw Avemme to an amptabb outiali to the north or east, cation of and maiatoance of groenspw, ad other acceptable PID impravemeots mad mom. 4. D w Qicf"wW iced wldJebt dFa dfstrft Other, than ROW and ant do" for adUes (and improvements in thomel there aro curtantly no cry -owned properties within the boundaries of the PID. Rowever, the City has Improvements a�ja = to the PID, iachtding water try and an IF&I soon. MW 1600 Broadway St.. Suite 1500 • Lut►boeI . Taxis " 01 • (400) M-3162 • modougel.com Q E &W� S. Dr* PID operating b*et Rift estimated oPevft comma, mainomrsm am% od panes cam AUn dmd as Exhibit D. 6. The Proposed methodof8m"mdl MIS masment will be asseesed per $100 valwdm (other methods ewAd be per square foot of the pmputy.) 7• of odgpmta dbutlopedeontracwrllabft insr wwe reprdbq confavedondfimprommm..moo OfftbqUWHWdftWWamh=bm provided to die city. 8. Stotemwtt dot thePa*Mmrs understand that the muami budlW fior du PM is subject to mWew by CRY att'and the Lubbock City CoanctL• The property owms that have signed the sacbed petition ere aware that do wad budges is subjea to review by City swr sad mast be approved by the LubbockCity Cautei4 Please let us know if there is additimd h&rmatim Cqaired drat has not bem submitted with the Tetitim i E[T,A PB MON FOR THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT TO FINANCE IMPROVE M1RM TO NORINWESTPASSAGE THE STATB OF TEXAS CITY OF LUBBOCK TO; THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF LUBBOCK:- 3W T� "�'I P to the povisions of Governmew Code. as wed (dte "A^ request that the City of Lubbodc create a public imPwvwnt district (the "District") in the territory described In Eddl it A attached herdo (tie "Land") widdn tie City of Lubbock. Texas (die"CitM and in support of this petition do Peres would present die folbwinV .ocai Oo Code, Section 372. In Compliance with the Of of Texas I 005(b� as dNanaiaed by the current rou of the Lubbock Cantral AppwhW Dew, the Peddoum constitoe: (i) the owners of tcucable real property represm�g all of do app oised value of real properly lisMe for apt under dw proposal drmartbed herein. and (4) the record ov m<s ofUacable red property drat eonstiartes all efdm area of all taxable real property that is IkWe for usessmad under such proposal. ewd nature ofthe proposed public imvFroemepts i$: P) the design, uWm and maim ofpwb and um pavilions, community fedUtim bridges. walkways, lig W& bmdbM huh reeks and similar henna located dmrein abng with all nece y gradin& drainage and similar imffasir wbn involved in die oortsbuction of such parks and grams; landscaping, bwgmqmg and inWom; tie design. coustwction and mehrteaenee of water featcm such as hakes, pon& and distinctive kbfiag and sigug cam and improvement of pedestrian rmOs6 passes or pathways irm oft pedestrian b 4dgaa; design, construction and improvement of vdriarlarWidges and low water crossisW design. lion and Wpovenent of community moetiog halls or dmilar buildings; design, eon*ucdon and improvement of eo ty rm . towers, and odcer amenity -type strucun% aoqui�om and hmWhdion of art wotlk; deak% ra�quisition. instaWm and irnprovemaw of 111l"Ounnunication and similar tedmology systerms; and special mental servimudeBued in tie Am tom with related I e - - to and fimm and (u) payment of costs aaso imed with developies and Big due Public listed in snbSvW= (i) including costs of haft bonds and Amft debt se Mw aura capitalised brteest reserves for so& ban& and costs of esuMbbbl&Whigum g andoperrrsigg due District. The Dktriat shall Prioritise its apsn&Avw as follows: (i) design, ccmatructiory mabftmm and financing for diahw imProvprr IN; tier (ii) dedg% wowm ad � � financing for park odter� albwable� (� selection, �, � improvernenta aunt related .�_ si0000000: $b A ---haws wswd-P Ift EEX- Hf81T 1 BrAft �4. . The proposed bout of die Dispict ere described on A. 22990-1 An methodology will be pi+epared that will address (i) bow the costs of the public impr+ovemem financed with the assessawnts are assessedspina the property in the District, (ii) die anus to be collected each year, provisions provi for the papaymaht of theassessiments, at the option of the owner of NW Parcel, (iv) the reaUoamion of the t on the subdivision of a paroel, and (v) won of the ammmmb for costa ftviNP (phut to the annual reviewofthe service plan fiorthe DbUict) and repayment of bonds is RW to finance the public improvernes►Ts, Addition t , a will be g the special I —1111a gto properlw in the District and how die costs ofthe public impr+ovehrheata are massed to poperty on the basis of dw special benefits, Tito result grin be that equal shares of the costs will be imposed an pmpmy similarly bust. In assessing die costs ofdw public improves, properly will be classified based on the use of the public hwovaents. For exanhple, terrier homes may Smemb man use of the pubic than erneller homes. Aaoadin,gly, tlrore may be a dessitleation of property an the basis ofthe arse or type ofbmu that may be built on a pm d. Coats may also be assessed on the basis of the vahrb of dw property, or on a combination of AN or type of house and value of property. Property may also be classified on dhe basis of the ration of the property within the District, ifaonhe sections of the District rasdve more public W proverneats or pubic impror=wgs of greater coat dran other saaiona of the District. The "mum" me"bim will pwvd the public improvenrerhts provided with the its based paying the i� fair sham of the rececowived y special benafits recdved by the properly * m the public improves and p mty equally situated psft equal shares of the costs of tie public improvements. be obbgatod to provide gay Nnds to fm mx the � � will nm of the proposed pubic inpro will be Pr'oP� P ��� All of the coats District and from other somwm of funds, if any, "ails* toold by * of tits pretty wiWith the developer of the Land, filakaZ. . To the wont al owed by law, tier City may contract with either a nonlrofit, or a faWofit cganbation, including a Public Facilities created by the G"riy puraant to Chapter 303. Texas Local Government Coda to cmM oct all or a part of the responsibilities of menegmg tie Dishict, including the diw4o-day Vacuum and adminishadon. of the Disukt. An advisory bard will be established to develop and reoomnhen1 an improvm taint plea to the City Combed of the City (the "City COMOU'). Thu pW Advisory Board will be rwmiMM by the property owners In tie PID, by area, and approved by the City Council. This petition will be filed with the City Saxetery in support of the Cation of the District by the City Coundi as herein provided. Pipaturem6' parl Wn IM, hay.fidbelupew. oerha-hero. 2 PRIMONM NWP MNS Phow4 LLC a Texas limited liability oompatpr SkWbre Pgg#fdr MOM EEXldIBIT 1 THE STATE OF TEXAS COUNTY OF LUBBOCK On dds, the day of , 2021, before me, tte undersiped Notary Public, pub► M c %Md =a NkW McClendon, who dud dwy ave the sole m1 1a6ers and MOM015 of NW E" I jeek MC, and that dray, in mah capacity, My au&orind so to da, am tod the forgoing petition fords pugoaea dwein coamined by Ogdg their names in such capacity. IN WITNESS WHEREOF. I have hereunto set my had and offie i seas. OONM CDVM ltspry Poft Sp" Of T cam�k1 1041-ml ro ��se<� ri*wlvlaapar W Pdp Jfar Peon E EJ�I i ZKIMRTA luLaod irlBM ANDBOUI+ TIONats�16�t0�-mom �otlooNeed Sao�iaa ii� BloO1c1� !i Vo�ete • TOW4 bft a polde otd t 727AI 4= toot dem�ed is 476.102•176. OlBdd PGMb RWOWb of LAbook COMWo Teams (OPRIMI said daod6edaa Mom BBMNNDtOata im besrodvsllho f= doadOMWOOR88DAASSOC"sauna Wet line of dnt 17AQ4oae sheet_ dedbwdoe aadeeotRod is OmmW nk Mbift mbee(C 3" Coaa�ale Seta of 1of 1933, Nol of 14•?,�{9�,60� g,� Tea�u otS4S.8 hdfi�omalaoloenadthmdstd�eoCOMM= o a[ SS°lrkaodsoon kBlook A amd 8sotion 14, B W&A, Lubbock Coo*$ Tmag TEM K Sd W14* W, sift dens Son& lbss of said %odor 11 asd dre NO& Hoe oaf add 800tion 6. so= b ft a SwAh la afadd 727.4174ore am adjdU of2SK70 fed %a I/2" kan ndhmd at dw Soaftwomwotdwps "tpomgoysdto MOM voinVolnme 620Pl, Pie 313, OPK=Od saoeeerafadd 727AI7.an uc4 TAN. 01'43's3" S. aiom8 a lice atsdd 727A17�e Uaot and an Beet lino ofaaid Mosyshra P OINO at AGO feetPM&ftNoelhAgia}of WIN anOfUNOSM BOW aadendbed ie Vobm 1213, ftp 3iK OPK=, ooao mft f r a toll A t = of 6"A0 feet to a msam feaoe post toomd at a ommer of said 727AM= tract ad Bee mast Baele* Noe&mA comm of add ir[osewnpsopm;p THWM X W13310 W.9 ob" a sm of add MA17.0ars boot snd a NO& Has at said 727 17�eors PROP*a of MOM oo n � post hmd at a of said 1 16. 01 °4r44" 8, dM a lase of odd 727AI7-=e basal asd sn Bset lime otsdd lrlosa,o piepseq► ad the But Hoes cram Ueda deeoe W is Volmse Un p4a 3970 Voinms 41A Pa e74►aadVobms4L%Pgp740!R%CT,adiWaoeof2014r64Bolo ahmposthad i& do B"vnotdrt 14.f094ars*wdmu bed in Volamee9KPs8a 1910OPRUC'P, atsa%r ooemw atmid WAI7-w= tmm4 Tmm8. wl4'3T'B.,sbMaHsoofnM727A17-antMaoddwSoo&RmatnU 14M.*- aomvwadisleoOs60%21 fbet to lir i=rod WI&MV pkwoo fomdat a omwotasid 727A176aors t im and des BovanK oomw etsdd 14 uu4 TMMN.OIM'"B.,ditaHmot4idWA17-aoceUaataodit&g wafaid 14.'W shoe smadMon of369A #Wto a law im=d W &@* gkwjW hared at aoaaerofsaid 7274t7�m+etaotandtheldoetbsastooareeofsdd 14`,09�ao[�etsot; Art Effi& t THWON. M4W" W., AUMS a 10 otaid 727A17-saes Ma aid is Noel gn of g id 14ra004aaeeon%at 16$ M betpau dw BWdgk-O&W NOofFn okWAvum (FM25M nd000"fnVob=l9l2tftp440PRLCr,coadmfthrabWddof 1742.32 %u loaoomoaopiadlelheathoieWsetgaemaid8eolioaIts ataoaemrotadd727At7.4un m aaddoNedlin tooraecataid l4.$09�orstaoh '17 DMDLOl°44't$"8,aloagdw WegdaeotsddSOOd a 11 soda Weatgneetadd727A17- aoee teat a diabm of 220AS bet % a aoltoa opladb Amd at die Nw&mw aomac dsdd 8eodoa ll aaddioNoe% ooeaeratsdd727A17.m*u@% TMM 8. $M'OF &pdoo&aNw& bccfseid727.417—+ ftd aadd* Noedegeotald Seodaa It a diaam 0208026 bet to a 4090NW Od h=d at a ooeaor of aid 727At7.um Unand d eNuftmoome OHMS -On teaotduaGed k Volume 704% Pie 1706 OMer; S. 010SSW W.. aloes a lies atsdd 727A17-saes tact aad the Wet lips ofoo Snore tesoR at SOAO bet pas dee 8oadi do""W des of Kee Bud m delmond b Vdi 1012, PW5s,opm=,lHmdR hfatotal di9oft of926.74 bet to a 3W bm rod iiamd st gm SoabvraatoaaaaerotoddSure leaoaand aoomsral'sdd 727A17aoro tn� TMM L SMOWE.,alnadaeafmWWA17-aaestmdadd* 8oW6dma[=M5.eses teat a d dun of 234A f het ao a IM ieoa rod vA& a* O,8 4S79) A nad at die 8oudroeut oomerotNid S-aors&"Mdaooe otmM727.417-imm nog THME N. 010S6'W $,, doog des Rest On duM twee sad a Im atodd 727A17—mm out at 87m bed peas do Soab IW&of-ww an atom last shok oondmdug hr a wd 40M d92M bel le a d0 f@M sail head is tie No& be otodd Sacdaa 11 ad allotth Has ofOU727A17-aoaetaaotatdo Noebeaet mm d=MS.mm tao4 TM=S.88°06'O RvdomgdwNo6daso mMS@cdoaitaodallodbU ds id727A17- ac ftm sdleamoe dSt9.6lbettoaomoe�ale=8 Pond his ec eeyr doe dU.L Icy 84 (Cb* Rao at a Gasser otsdd 727A17-sore d� 1�1� 8.Oi �S7'0$" W., alagg ald Soudrwoeteellr dpi�o9vwg► gee atd a >iae aoreUad adiwaoec un hello a imkmtod vdbcopghwioa) of said 727.417- '1HWM S. 77°32'31" R, oomdmbS along NM dam, sad a dos afidd 727A17-am twat adisdooeot283.34bettosamasseso4M o -vArmedw 7MM4MLWIIW*R.00al mftdug aide agr adesofedd727A17-m=twat afteo d13S3A7betloalfrirooeoda*apmaebe *MMORUDbASSOC* hodin dw WMd &4twW vm afob Rash, oaaaebdng*o Weatdae otaid 17,4Oemtaot; laslog to dei d1"m cussedeo96&ddond160724 imrsdvA&c*maed RMplrari� bmd at apow, dita pw, EMAIT P 7MCS S. 30°SS'04" B, andm iqg lion OU d gm a &MM of334A hetto a 11" hmodgnndatapdold 7umm14ZS •ombat a aaneva to dee d^ add OM '649W B., a abord di bm at79L76 heaio a l/2" baa mod mia omp mm ftd 4U= RBSD dt1ASSOC' hudatapdatatuago s 1HBNC8 $.OI°20'OOi" W., ooa aioeag � �{.,ay, � adiet�aoe at i1fQ.93 deer m a Itr igmmdvftmpmniead'TiI100 RMdt ASSOC' hmdata pdmt atinumodmk- 7SOMM S. 04°11'44" W, oomtiaaiog Ahag Add WW line a diAkm ot2WZ fleet eo a Who eadwtA wpmmioad"HUGO RBBDA ASSO1.'"Sennd at apdo ofbomd km,. 1 S.OI°Zd'00" W., ooatlnteiagalaag add ti&al=wq Bee adbV=at20fA0 fsa%a irY k nmdimdatapoW fb eodoe0 71124CB S. 46°3Z'f3" W, omdoatai along Add d&bW&WAW NO a db moe ot4227 fleet to a lR" iron nod ab6 oep madmd'91U00 RED A ASSOC f=dat a pdw of fooemodm in tin Noeth dgb"&wwj bo of u dios Skn% TIMER g6 C14' W., ooadmftalog adddgbi-d-woW an adbjmoe of397.10 halo a UZ" leas rod vm sap mubd "Hm RBBD & ASSOC' met Sn a point of imKwcdom 7MMC8 L 01*4 146" W., aoodmft do" said dgbt�� SM at SAO deaf poem t s Noob 1bratmldwiwd!'�maoe otd S� t6sPointatHe, 12M popMCX •bobs ZBmbP reiadM to dw T=M Coord"SpM of 1983 (2011) Bpod 2010A, Nw&4o'mtal Dblmoowmdaeammac*mu:fok V.S. Sw,my Fast. 1d8'18B ANDBO MB ummuUMM ota230.1baud inBaod=11,Haook3B, Abmdaot343,andSodba 14, BioatA. Abmtnob 861 ad 1332, Lubbock CoromV. Tamed b fta paetioa oftbmt727Ai7- m ftadwwftad in Vahzw 1035L Purge 174 091dd PAb RnoWb otLubbodcCbjww,TmM(OIRLmemdapmeWpm atdnt2a6►144lmftotdnw&Mia Vold 10351, PNe 18% OPM=9 said 230.i2S.aore feast baring >betbae demoeibed as Mom 1m 1'&Mata11 bmrodvA&aep=Aod'?1 MRM&ASSOC'aetkanzwlnaF that 17AOmn sbwd#&4kW dWhItim"deaodbad kCmoogr Leek PlbNumM (OCPN) 2013013739, CPRLCT, buft a geld 000eBode of N-72MM71, SA2730M T� Oooedbemts 9) -' m ot19f36rioe IZmo4 TM*poiatbm a MI'41" L adimpmos of A-3 No Text EXH1811 1 EXHIBIT A EXHIBIT A The Land et 1(Northwest Onadrant): METES AND BOUNDS DESCRIPTION of a 476.102-acre tract located in Section 11, Block JS, Abstract 343, Lubbock County, Texas, being a portion of that 727.417-acre tract described in Volume 10351, Page 176, Official Public Records of Lubbock County, Texas (OPRLCT), said 476.102-acre tract being further described as follows: BEGINNING at a 1/2" iron rod with cap marked "HUGO REED & ASSOC" set in a West line of that 17.40-acre street right-of-way dedication as described in County Clerk File Number (CCFN) 2012043729, OPRLCT, having a grid coordinate of N-7289808.60, E-926282.74, Texas Coordinate System of 1983, North-Central Zone, which point bears N. 88° 14' 14" W. a distance of 548.88 feet from a broken nail found at the common corner of Sections 11, 6, and 5, all in Block JS, and Section 14, Block A, Lubbock County, Texas; THENCE N. 88014' 14" W, along the South line of said Section 11 and the North line of said Section 6, same being a South line of said 727.417-acre tract a distance of 2580.70 feet to a 1/2" iron rod found at the Southeast corner of that property conveyed to Elizabeth Montalvo in Volume 6202, Page 313, OPRLCT and a corner of said 727A17-acre tract; THENCE N. 01 °43' 53" E., along a line of said 727.417-acre tract and an East line of said Montalvo property, at 50.00 feet pass the North right-of-way line of Ursuline Street as described in Volume 1213, Page 346, OPRLCT, continuing for a total distance of 625.08 feet to a metal fence post found at a corner of said 727AI7-acre tract and the most Easterly Northeast corner of said Montalvo property; THENCE N. 88013'31" W., along a line of said 727.417-acre tract and a North line of said Montalvo property a distance of 1204.98 feet to a metal fence post found at a corner of said 727.417-acre tract and an "ell" corner of said Montalvo property; THENCE N. 01 °47'44" E., along aline of said 727.417-acre tract and an East line of said Montalvo property and the East lines of those tracts described in Volume 8455, Page 307, Volume 4150, Page 74, and Volume 4150, Page 76, OPRLCT, a distance of 2014.64 feet to a fence post found in the South line of that 14.809-acre tract described in Volume 9594, Page 191, OPRLCT, at an "ell" comer of said 727.417-acre tract; THENCE S. 88° 14'37" E., along a line of said 727A 17-acre had and the South line of said 14.809- acre had a distance of 796.21 feet to a 1/2" iron rod with cap (Newton) found at a comer of said 727A17-acre tract and the Southeast comer of said 14.809-acre tract; THENCE N. 01°43'22" E., along a line of said 727AI7-acre tract and the East line of said 14.809- acre tract a distance of 369.94 feet to a 1/2" iron rod with cap (Newton) found at a comer of said 727A17-acre tract and the Northeast comer of said 14.809-acre tract; A-1 tAM15l l L EXHIBIT A THENCE N. 88°14'23" W., along a line of said 727A17-acre tract and the North line of said 14.809-acre tract, at 1682.32 feet pass the East right-of-way line of Frankford Avenue (FM 2528) as described in Volume 1012, Page 465, OPRLCT, continuing for a total distance of 1742.32 feet to a cotton spindle found in the West line of said Section 11, at a corner of said 727AI7-acre tract and the Northwest corner of said 14.809-acre tract; THENCE N. 01'44' 18" E., along the West line of said Section 11 and a West line of said 727.417- acre tract a distance of 2269.05 feet to a cotton spindle found at the Northwest corner of said Section 11 and the Northwest corner of said 727AI7-acre tract; THENCE S. 88005'04" E., along a North line of said 727.417-acre tract and the North line of said Section 11 a distance of 2080.26 feet to a 40-penny nail found at a corner of said 727A17-acre tract and the Northwest corner of that 5-acre tract described in Volume 7040, Page 170, OPRLCT,- THENCE S. 01°55'34" W., along a line of said 727A17-acre had and the West line of said 5-acre tract, at 50.00 feet pass the South right-of-way line of Kent Street as described in Volume 1012, Page 563, OPRLCT, continuing for a total distance of 926.74 feet to a 3/8" iron rod found at the Southwest corner of said 5-acre tract and a corner of said 727A I7-acre tract; THENCE S. 88°03'33" E., along a line of said 727.417-acre tract and the South line of said 5-acre tract a distance of 234.68 feet to a VT' iron rod with cap (RPLS 4579) found at the Southeast corner of said 5-acre tract and a corner of said 727.417-acre tract; THENCE N. 01 °56'30" E., along the East line of said 5-acre tract and a line of said 727.417-acre tract, at 876.85 feet pass the South right-of-way line of said Kent Street, continuing for a total distance of 926.85 feet to a 60-penny nail found in the North line of said Section 11 and a North line of said 727A I7-acre tract at the Northeast corner of said 5-acre tract; THENCE S. 88°05'04" E., along the North line of said Section 11 and a North line of said 727.417- acre tract a distance of 819.69 feet to a concrete nail found in the Southwesterly right-of-way line of U.S. Highway 84 (Clovis Road) at a corner of said 727.417-acre tract; THENCE S. 01057'08" W., along said Southwesterly right-of-way line and a line of said 727A 17- acre tract a distance of 50.00 feet to a 1/2" iron rod with cap (Newton) found; THENCE S. 77032'31" E., continuing along said right-of-way and a line of said 727.417-acre tract a distance of 283.34 feet to a concrete right-of-way marker found; THENCE S. 58011'23" E., continuing along said right-of-way and a line of said 727A17-acre tract a distance of 1353.47 feet to a 1/2" iron rod with cap marked "HUGO REED dt ASSOC" found in the West right-of-way line of Slide Road, same being the West line of said 17.40-acre tract; THENCE Southeasterly, along said right-of-way line, along a curve to the left, said curve having a radius of 1575.00 feet, a central angle of 61 °23'03", a chord bearing of S. 00° 16'32" E., a chord distance of 1607.84 feet to a lir iron rod with cap marked "HUGO REED & ASSOC" found at a point of tangency; A-2 tXMMI I 1 EXHIBIT A THENCE S. 30058'04" E., continuing along said right-of-way line a distance of 534.62 feet to a 1 /2" iron rod found at a point of curvature; THENCE Southeasterly, continuing along said right-of-way line, along a curve to the right, said curve having a radius of 1425.00 feet, a central angle of 32° 18'04", a chord bearing of S.14°49'02" E., a chord distance of 792.76 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" found at a point of tangency; THENCE S. 01 °20'00" W., continuing along said right-of-way line a distance of 1180.93 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" found at a point of intersection; THENCE S. 04011'44" W., continuing along said right-of-way line a distance of 200.25 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" found at a point of intersection; THENCE S. 01 °20'00" W., continuing along said right-of-way line a distance of 208.00 feet to a 1/2" iron rod found at a point of intersection; THENCE S. 46032'53" W., continuing along said right-of-way line a distance of 42.27 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" found at a point of intersection in the North right-of-way line of Ursuline Street; THENCE N. 88014'14" W., continuing along said right-of-way line a distance of 397.10 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" set for a point of intersection; THENCE S. 0104546" W., continuing along said right-of-way line, at 5.00 feet pass the North right-of-way line of Ursuline Street as described in Volume 1213, Page 346, OPRLCT, continuing for a total distance of 55.00 feet to the Point of Beginning. Bearings relative to the Texas Coordinate System of 1983 (2011) Epoch 2010.0, North-Central Zone. Distances and areas are surface, U.S. Survey Feet. 2 METES AND BOUNDS DESCRIPTION of a 230.125-acre tract located in Sections 11, Block JS, Abstract 343, and Section 14, Block A, Abstracts 861 and 1332, Lubbock County, Texas, being a portion of that 727.417-acre tract described in Volume 10351, Page 176, Official Public Records of Lubbock County, Texas (OPRLCT), and a portion of that 286.14-acre tract described in Volume 10351, Page 183, OPRLCT, said 230.125-acre tract being further described as follows: BEGINNING at a V2" iron rod with cap marked "HUGO REED & ASSOC" set in an East line of that 17.40-acre street right-of-way dedication as described in County Clerk File Number (CCFN) 2012043729, OPRLCT, having a grid coordinate of N-7289776.71, E-927306.98, Texas Coordinate System of 1983, North-Central Zone, which point bears S. 88*11'41" E. a distance of A-3 tXNllsi I L EXHIBIT A 476.10 feet from a broken nail found at the common corner of Sections 11, 6, and 5, all in Block JS, and Section 14, Block A, Lubbock County, Texas; THENCE N. 01 °48' 19" E., along an East line of said 17.40-acre tract, at 50.00 feet pass the North right-of-way line of Ursuline Street as described in Volume 1213, Page 346, OPRLCT, continuing for a total distance of 55.00 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" set for a corner of said 17.40-acre tract in the North right-of-way line of Ursuline Street; THENCE N. 85019'56" W., along said right-of-way line a distance of 200.25 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" set for a point of intersection; THENCE N. 88011'41" W., continuing along said right-of-way line a distance of 208.00 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" found at a point of intersection; THENCE N. 43025'50" W., continuing along said right-of-way line a distance of 42.60 feet to a "crow's foot" chiseled in concrete for a point of intersection in the East right-of-way line of Slide Road, same being the East line of said 17.40-acre tract; THENCE N. 01020'00" E., along said right-of-way line a distance of 1580.17 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" set for a point of curvature; THENCE Northwesterly, continuing along said right-of-way line, along a curve to the left, said curve having a radius of 1575.00 feet, a central angle of 32'18'04", a chord bearing of N. 14049'02" W., a chord distance of 876.21 feet to a 112" iron rod with cap marked "HUGO REED & ASSOC" found at a point of tangency; THENCE N. 30058'04" W., continuing along said right-of-way line a distance of 534.62 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" found at a point of curvature; THENCE Northwesterly, continuing along said right-of-way line, along a curve to the right, said curve having a radius of 1425.00 feet, a central angle of 44°23'25", a chord bearing of N. 08046'22" W., a chord distance of 1076.62 feet to a 112" iron rod with cap marked "HUGO REED & ASSOC" set for a point of intersection; THENCE Northeasterly, continuing along said right-of-way line, along a curve to the right, said curve having a radius of 1479.85 feet, a central angle of 06054'41 ", a chord bearing' of N. 20°13'30" E., a chord distance of 178.28 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" found at a point of intersection; THENCE Northeasterly, continuing along said right-of-way line, along a curve to the right, said curve having a radius of 1415.00 feet, a central angle of 09°38'59", a chord bearing of N. 25°26'03" E., a chord distance of 238.03 feet to a W" iron rod with cap marked "HUGO REED & ASSOC" found in the Southwesterly right-of-way line of U.S. Highway 84 (Clovis Road), in a Northerly line of said 727.417-acre tract; THENCE S. 59011'34" E., along said Clovis Road right-of-way line and a Northerly line of said 727.417-acre tract a distance of 644.87 feet to a 1/2" iron rod with cap marked "HUGO REED & A-4 LAM1011 t EXHIBIT A ASSOC" found in the East line of said Section 11 and the West line of said Section 14, at a comer of said 727.417-acre tract THENCE S. 01045'00" W., along the East line of said Section 11 and the West line of said Section 14 and a line of said 727.417-acre tract a distance of 1447.24 feet to a 112" iron rod with cap marked "HUGO REED & ASSOC" set for a comer of said 727.417-acre tract; THENCE S. 88011'29" E., along a line of said 727.417-acre tract a distance of 1696.26 feet to a 518" iron rod found at a comer of said 727.417-acre tract; THENCE S. 01 °50'26" W., along a line of said 727.417 acre tract a distance of 333.98 feet to a 1/2" iron pipe found at a comer of said 727.417-acre tract; THENCE S. 88008132" E., along a line of said 727.417-acre had a distance of 311.55 feet to a chain -link fence post found at a comer of said 727.417-acre tract; THENCE S. 55"08'25" E., along a line of said 727.417-acre had a distance of 3142.70 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" found at the Northwest plat limits of Tract "A", LP&L Northwest Substation Addition as recorded in CCFN 2008042914, OPRLCT; THENCE S. 01048' 11" W., along said West plat limits, at 541.59 feet pass the North right-of-way line of Ursuline Street as described in Volume 1213, Page 346, OPRLCT, continuing for a total distance of 591.59 feet to a 1/2" iron rod found in the South line of said Section 14 and the South line of said 727.417-acre tract at the Southwest plat limits comer of said Tract "A" and the Southeast comer of this tract; THENCE N. 89011'41" W., along the South line of said Section 14 and the South line of said 727.417-acre tract a distance of 4164.33 feet to the Point of Beginning. Bearings relative to the Texas Coordinate System of 1983 (2011) Epoch 2010.0, North-Central Zone. Distances and areas are surface, U.S. Survey Feet. Tract 3 (Southwest Onadrant, excluding portion in the North Pointe PIDI: METES AND BOUNDS DESCRIPTION of a 318.340-acre being a portion of that 160.139-acre tract located in Section 6, Block JS, Abstract 1492, Lubbock County, Texas, described in Volume 9785, Page 28, Official Public Records of Lubbock County, Texas (OPRLCT), and a portion of that 153.864-acre tract located in Section 6, Block JS, Lubbock County, Texas, Abstract 1516, described in County Clerk File Number (CCFN) 2006043021, and that tract located in said Section 6 described in Volume 10263, Page 222, OPRLCT, and a portion of that 303.29-acre tract located in Section 5, Block JS, Lubbock County, Texas, Abstract 346, described in Volume 10016, Page 135, OPRLCT, said 318.340-acre tract being further described as follows: BEGINNING at a 1/2" iron rod with cap marked "HUGO REED & ASSOC" set for a point of intersection in the South right-of-way line of Ursuline Street, same being a line of that 17.40-acre street right -of --way dedication as described in CCFN 2012043729, OPRLCT, having a grid A-5 CAM011 L EXHIBIT A coordinate of N-7289731.09, E-926687A6, Texas Coordinate System of 1983, North-Central Zone, which point bears N. 88° 14' 14" W. a distance of 140.88 feet and S. 01 °45'46" W. a distance of 65.00 feet from a broken nail found at the common comer of Sections 11, 6, and 5, all in Block JS, and Section 14, Block A, Lubbock County, Texas; THENCE S. 43027'07" E., along a line of said 17.40-acre tract a distance of 42.59 feet to an "V chiseled in concrete set for a point of intersection in the West right-of-way line of Slide Road; THENCE S. 01020'00" W., along said West right-of-way line a distance of 574.41 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" found at a point of curvature; THENCE Southeasterly, continuing along said right-of-way line, along a curve to the left, said curve having a radius of 1575.00 feet, a central angle of 30*31'25", a chord bearing of S.13°55'42" E., a chord distance of 829.17 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" set for a point of tangency; THENCE S. 29011'25" E., continuing along said right-of-way line a distance of 179.80 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" set for a point of curvature; THENCE Southeasterly, continuing along said right-of-way line, along a curve to the right, said curve having a radius of 1425.00 feet, a central angle of 30°57'31 ", a chord bearing of S.13°42'39" E., a chord distance of 760.64 feet to a 1/2" iron rod found at a point of tangency; THENCE S. 01046'06" W., continuing along said right-of-way line a distance of 336.59 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" set in the North line of a 20-foot alley dedicated by plat of Lots 535-707, North Pointe Addition to the City of Lubbock as recorded in CCFN 2006045605, OPRLCT; THENCE N. 88°08'27" W., along the North line of said alley a distance of 228.93 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" set for a point of intersection; THENCE N. 43008'27" W., continuing along the North line of said alley a distance of 14.14 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" set for a point of intersection; THENCE N. 88008'27" W., continuing along the North line of said alley a distance of 56.00 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" set for a point of intersection; THENCE S. 46051'33" W., continuing along the North line of said alley a distance of 14.14 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" set for a point of intersection; THENCE N. 88008'27" W., continuing along the North line of said alley a distance of 110.10 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" found at a point of intersection in the West line of said Section 5 and the East line of said Section 6; THENCE N. 88009'58" W., continuing along the North line of said alley a distance of 709.89 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" set for a point of intersection; A-6 tAM R511 1 EXHIBIT A THENCE N. 43009'58" W., continuing along the North line of said alley a distance of 14.14 feet to a point of intersection; THENCE N. 88009'58" W., continuing along the North line of said alley a distance of 52.00 feet to a point of intersection THENCE S. 46*50-02" W., continuing along the North line of said alley a distance of 14.14 feet to a U2" iron rod with cap marked "HUGO REED & ASSOC" set for a point of intersection; THENCE N. 88009'58" W., continuing along said alley line a distance of 539.59 feet to a point of intersection in the West plat limits of said North Pointe Addition and the East plat limits of Lots 191-290 and Tracts C and D, Lynnwood Addition to the City of Lubbock as recorded in Volume 9847, Page 139, OPRLCT; THENCE N. 01036'04" E., along the East plat limits of said Lynnwood Addition a distance of 49.77 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" found in the South line of said 153.864-acre tract at the Northeast corner of the plat limits of said Lynnwood Addition; THENCE N. 88001'32" W., along the North plat limits of said Lynnwood Addition a distance of 1325.36 feet to a "MAO" nail with shiner (AMID) found at the Northwest corner of said plat limits, at the Southwest comer of said 160.139-acre tract and the Southeast corner of said 153.864-acre tract; THENCE N. 88005'46" W., along the South line of said 153.864-acre tract, at 1320.00 feet pass a 1/2" iron rod found, continuing at 2130.37 feet pass the Northeast comer of Tract W', Broadview Baptist Church Addition as recorded in Volume 1685, Page 894, OPRLCT, continuing along the North line of said Tract "A" for a total distance of 2579.92 feet to a 1/2" iron rod found in the East right-of-way line of Frankford Avenue (FM 2528) at the Southwest comer of said 153.864-acre tract and the Southwest corner of this tract; THENCE N. 01056' 10" E., along said East right-of-way line and the West line of said 153.864- acre tract a distance of 2573.17 feet to a 1/2" iron rod found in the South right-of-way line of Ursuline Street as described in CCFN 2011027661, OPRLCT, at the Northwest comer of this tract; THENCE S. 88014' 14" E., along the South right-of-way line of said Ursuline Street, at 2285.20 feet pass the West line of that tract described in Volume 10263, Page 222, at 2580.37 feet pass the East line of same had and the West line of said 160.319-acre tract, continuing for a total distance of 4671.95 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" set for a point of intersection; THENCE S. 85°22'29" E., continuing along said right-of-way line a distance of 200.25 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" set for a point of intersection; THENCE S. 88014' 14" E., continuing along said right-of-way line a distance of 2011.00 feet to the Point of Beginning. A-7 tAMRS11 L EXHIBIT A SAVE & EXCEPT: Any portion of Tract 3 located in Section 5, Block JS, Lubbock County, Texas, Abstract 346, described in Volume 10016, Page 135, OPRLCT that is also currently located in the North Pointe PID. Bearings relative to the Texas Coordinate System of 1983 (2011) Epoch 2010.0, North-Central Zone. Distances and areas are surface, U.S. Survey Feet. All of the portion of Tract 5 described in the Deed to Petitioner filed in CCFN 2021019386, OPRLCT not currently located in the North Point PID (for further clarification, this had is generally described as a strip located north of, and adjacent to, the alley north of Marshall Avenue, adjacent to Tract 3 described above.) A-8 EXHIBIT 3 City of Lubbock, TX Finance Department Northwest Passage PID Preliminary FY 2022-23 Service and Assessment Plan Method of Assessment • Properties will be assessed based on the City's 2022 "net taxable value" as established by the Lubbock Central Appraisal District and submitted to the City under Tax Code Section 26.04. Assessment rate will be $0.15/$100 valuation. ' All property will be assessed based on the final 2022 "net taxable value". Service Plan Tax Year Property Values' (Taxable) Discounted Property Values Number of Homes Fiscal Year Revenues Interest Assessment @ $0.15 Total Expense Debt Service Administrative Costs Annual Operation Cost (Notices, Public Hearings, Collection Costs, Advisory Group meeting costs, postage, office supplies, Maint Pn Total Cash Reserve *Property Value growth rate = 2% annually PROJECTIONS 2021 2022 2023 2024 2025 2026 Totals 5,001,669 5,001,669 5,001,669 5,001,669 37,062,953 33,356,659 293,493,429 174,144,086 219,576,954 197,619,259 250,438,980 225,395,082 250,438,980 225,395,082 2020-21 2022-23 2023-24 2024-25 2025-26 2026-27 Totak^ - - - 7,503 50,035 457 261,216 3,383 296,429 6,750 338,0931 10,590 953,275 - 7,503 50,035 261,673 299,812 344,8431 963,865 4,000 5,000 4,080 5,100 4,162 5,202 4,245 5,306 470,000 4,330 5,412 470,000 20,816 26,020 - 91000 91180 9,364 9,551 479,7421 516,836 - (1,497) 39,357 291,667 581,923 447.029 447,029 Assessment Information for 100,000 home $150.00 f C:4y d Lubbock CoU nder Al" CITY OF LUBBOCK § COUNTY OF LUBBOCK § STATE OF TEXAS § EXH I BI tomes is pcs ORD 'sill ro, Fridi WhWHIY NIC14iO4rfily IN 11111 CERTIFICATE TO COPY OF PUBLIC RECORD I hereby certify, in the performance of the functions of my office, that the attached instrument is a full, true and correct copy of Ordinance No. 2021-00152, as the same appears of record in my office and that said document is an official record from the public office of the City Secretary of the City of Lubbock, Lubbock County, State of Texas, and is kept in said office. The total number of pages within the attached document is 8 pages. I further certify that I am the City Secretary of the City of Lubbock, that I have legal custody of said record, and that I am a lawful possessor and keeper and have legal custody of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of said office the 29d day of November, 2021. (City Sell} Z&-Z� Retkcca Garza City Secretary City of Lubbock Lubbock County, State of Texas First Reading EXHIBIT B Second Reading October 26, 2021 November 1, 2021 Item No. 8.3 Item No. 6.7 ORDINANCE NO. 2021-00152 AN ORDINANCE ADOPTING A SERVICE PLAN FOR THE NORTHWEST PASSAGE PUBLIC IMPROVEMENT DISTRICT, WITH SUCH SERVICE PLAN INCLUDING AN ASSESSMENT PLAN FOR SAID PUBLIC IMPROVEMENT DISTRICT; ESTABLISHING REASONABLE CLASSIFICATIONS AND FORMULAS FOR THE APPORTIONMENT OF THE COST BETWEEN THE CITY OF LUBBOCK, TEXAS AND THE NORTHWEST PASSAGE PUBLIC IMPROVEMENT DISTRICT, AND THE METHODS OF ASSESSING SPECIAL BENEFITS FOR VARIOUS CLASSES OF IMPROVEMENTS OF PROPERTY WITHIN THE NORTHWEST PASSAGE PUBLIC IMPROVEMENT DISTRICT; APPROVING, ADOPTING, AND FILING WITH THE CITY SECRETARY OF THE CITY OF LUBBOCK, TEXAS AN ASSESSMENT ROLL FOR THE NORTHWEST PASSAGE PUBLIC IMPROVEMENT DISTRICT; AND, LEVYING THE ASSESSMENT FOR THE NORTHWEST PASSAGE PUBLIC IMPROVEMENT DISTRICT AS A SPECIAL ASSESSMENT, SPECIFYING THE METHOD OF PAYMENT OF THE ASSESSMENT, AND FIXING CHARGES AND LIENS AGAINST THE PROPERTY IN THE NORTHWEST PASSAGE PUBLIC IMPROVEMENT DISTRICT AND AGAINST THE OWNERS OF PROPERTY WITHIN THE NORTHWEST PASSAGE PUBLIC IMPROVEMENT DISTRICT. WHEREAS, Chapter 372 of the Texas Local Government Code (the "Act") provides the process by which the City of Lubbock, Texas (the "City") may create a public improvement district; and WHEREAS, through Resolution No. 2021-RO363 the City Council of the City (the "Council") authorized the Northwest Passage Public Improvement District (the "PID"); established the boundaries of the PID; approved the estimated costs, method ofassessment, and apportionment of costs for the PID; and, created the initial advisory board for the PID; and WHEREAS, through Resolution No. 2021-R0413, the Council directed City staff to: (1) prepare a Service Plan for the PID according to the Act with such Service Plan covering a period of at least five (5) years, defining the annual indebtedness of the PID, projecting the costs for improvements in the PID, and including an assessment plan for the PID; (2) prepare an assessment roll for the PID that states the assessment against each parcel of land in the PID, with such proposed assessment roll to be filed with the municipal secretary and being made available for public inspection; (3) send and publish notice of a public hearing according to the Act concerning the Service Plan; and EXHIBIT B WHEREAS, City staff has prepared a Service Plan for the PID according to the Act, prepared an assessment roll for the PID, and has sent and published notice of a public hearing to be held at five o'clock in the evening (5:00 PM), Tuesday, October 26, 2021, in the City Council Chambers, 1314 Avenue K, Lubbock, Texas, to consider the proposed apportionment and assessment for the PID; and WHEREAS, at the adjournment of the public hearing the Council desires to hear and pass on any objections to the proposed assessment for the PID and, through this Ordinance, to establish reasonable classifications and formulas for the apportionment of the costs for the services and improvements of the PID between the City and the PID, to approve, adopt, and file with the City Secretary the Service Plan for the PID that includes an assessment plan and assessment roll for the PID, and to levy an assessment as a special assessment on the property within the PID; and NOW, THEREFORE; BE ff ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1: THAT the facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct. SECTION 2: THAT the Council has reviewed the Service Plan for the PID, which is attached to this Ordinance as "Exhibit 1' , and finds that it: covers a period of at least five (5) years; defines the annual indebtedness of the PID; estimates the costs for improvements in the PID; and, includes an assessment plan for the PID. SECTION 3: THAT the Council hereby finds that the assessment rate provided in the Service Plan for the PID is feasible and sound and will serve the needs and desires of the property owners within the PID, and the Council hereby adopts the assessment rate of fifteen cents ($0.15) per one hundred dollars ($100) of net taxable value for tax year 2022, as determined by the Lubbock Central Appraisal District, of the property or improvements to the property located in the PID. SECTION 4: THAT the Council finds that the assessment plan included in the Service Plan for the PID provides for the apportionment of the cost of improvements to be assessed against the property within the PID on the basis of special benefits accruing to the property within the PID because of the improvements, and the Council hereby establishes the reasonable classifications and formulas for the apportionment of the costs between the City and the PID and the methods of assessment of the special benefits for the various classes Of improvements within the PID as such classifications, formulas, and methods are provided for in the assessment plan. SECTION 5: THAT the Council hereby approves, adopts, and files with the City Secretary the assessment roll that is attached to this Ordinance as "Exhibit 2", with such assessment roll stating an estimate of the assessment to be levied against the property within the PID, and with the City Secretary filing the assessment roll in the official records of the City and being subject to public inspection. EXHIBIT B SECTION 6: THAT the Council finds that the assessments should be made and levied against the property within the PID and against the owners thereof, and that such assessments are in proportion to the benefits to the property by means of the services and improvements in the PID for which such assessments are levied, and fiuther finds that in each case the property assessed is specially benefited by means of the said services and improvements of the District, and further finds that the apportionment of costs of the services and improvements is in accordance with the Act. SECTION 7: THAT there is hereby levied and assessed against the parcels of property within the PID, and against the real and true owners thereof, whether such owners be correctly named or not, the sums of money calculated by applying the assessment rate to in the manner described in the assessment plan and assessment roll. SECTIONS: THAT the several sums above mentioned and assessed against the said parcels of property and the owners thereof, and interest thereon at the rate per amnum established herein, together with reasonable attorney's fees and costs of collection, if incurred, are hereby declared to be and are made a first and prior lien against the property assessed, superior to all other liens and claims except liens and claims for ad valorem taxes and is a personal liability of and charge against the owners of the property regardless of whether the owners are named; and, with such lien being attached on January I of each year to the property to secure the payment of all assessments, penalties, and interest ultimately imposed for the year on the property, whether or not the assessments are imposed in the year the lien attaches and shall be effective until the assessment is paid; and, with such lien being perfected on attachment requiring no further action by the Council. SECTION 9: THAT the assessments levied herein shall be due and payable in full on receipt of the assessment bill and are delinquent if not paid by January 31, 2023 except as provided in Sections 31.02(b), 31.03, and 31.04 of the Texas Property Tax Code. A delinquent assessment incurs a penalty of six percent (6%) of the amount of the assessment for the first (13) calendar month it is delinquent plus one percent (1%) for each additional month or portion of a month the assessment remains unpaid prior to July 1 of the year in which it becomes delinquent. However, an assessment delinquent on July 1 incurs a total penalty of twelve percent (12941) of the amount of the delinquent assessment without regard to the number of months the assessment has been delinquent. A delinquent assessment continues to incur the penalty provided by this Section as long as the assessment remains unpaid, regardless of whether a judgment for the delinquent assessment has been rendered. That if default be made in the payment of any of the said sums hereby assessed against said property owners and their property, collection thereof including costs and attorney's fees, shall be enforced by the governing body in the same manner that an ad valorem tax lien against real property may be enforced by the governing body under Chapters 31, 32 and 33 of the Texas Property Tax Code. The owner of the assessed property may pay at any time the entire assessment on any lot or parcel, along with any interest and penalty that has accrued on the assessment. EXHIBIT B SECTION 10: THAT all assessments herein levied are a personal liability and charge against the real and true owners of the premises described, notwithstanding such owners may not be named, or may be incorrectly named. AND IT IS SO ORDERED. Passed by the City Council on first reading on October 26 , 2021. Passed by the City Council on second reading on November I I mi. DANIEL K POPE, ATTEST: i211 / : ► APPROVED AS TO CONTENT: APPROVED AS TO FORM: lli Leisure, Assistant City Attorney 10aa IORa Eo=mk Dm4md - rwdmac PtnW PIo - sww= Phn. Ro* me Levy EXHIBIT B <OQ 1w i Qty of U46oek, YX Rnance Deparbaent )Northwest Pomp PID FY 2022.23 Service and anent Plan Method of Apt • Properties will be assessed based On the CWs 2022 "net taxable vAW as esmbftdwd by the Lubbock Cenbal Appraisal District and mUnMed to the City wider Tax Code Section 26.04. Amnment rate vA be $0.15/$1W valuation. ' All property wip be assessed based on the Anal 2022 "net taxable value". Service Plan TUTOW Property Values• (Taxable) Discounted Property Values Number of Homes FhMW Year Raveraras 1 ton AMssment 0 $O.1S TOW fterlse Dot Service Adndnistiative Costs Annual Operation Coat llbft%Publk&W*94 CONacrloa Cauta, ►YftWmeeftam%Ate,o a Awft MOW PTi Tote! Call Reserve 'Property Value growth ram s M annually Assenme wt hNOratatioru for 100A00 home PROJECFKM am 2022 2023 aw_ _ 2025 20m6 To" S.002,669 S.001,669 SA01,669 SA01,669 37.062" 33.356.658 1WA93A29 174,144,086 2 A76.954 197,619AS9 2SOA3%980 225,395,092 25DA38,M 225,396 M 2021,-72 202Z'23 2023.24 2024-2S 2025.26 2026-27 TotsbA - - - 7 3S 4S7 16 3,383 6,750 10.S90 9W ,275 7 m 4,000 SA00 4,080 51100 4,162 S,202 4,245 S,366 470.000 4.330 S,412 470.000 20.= 26,020 9AW 91M 9 9 47 742 SIS 39 4471M 447AM EXHIBIT B EXHIBIT 1 Serlriae and Asseament Plan Required Attedmient Sec. 5.014. NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT. (a) A person who proposes to sell or otherwise convey real property that Is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code, or Chapter 382, Local Government Code, shall first give to the purchaser of the property the [a) written notice prescribed by Subsection (a-2) or (a-2), as applicable. (a-1) Except for the notice prescribed by Subsection (a-2), the notice required by Subsection (a) shall be eum ted by the seller and must, except as provided by Subsection (b), read as follows: NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO (insert name of municipality or county levying assessment), TEXAS CONCERNING THE FOLLOWING PROPERTY (insert property address) As the [a) purchaser of the real property described above, you are obligated to pay assessments [an assessment] to (Insert name of (a) municipality or county, as applicable), Texas, ford* costs of a portion of a public [an) Improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within (Insert name of public improvement district) (the "District") created under (Inert Subchapter A. Chapter 372, Local Government Code, or Chapter 392, Local Government Code, as applicable). AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENTS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION CASTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from (Insert name of municipality or county, as applicable). The exact amount of each annual installment will be approved each year by (insert name of city council or county commissloners court, as applicable) In the annual service plan update for the district. More information about the assessments, Including the amounts and due dates, may be obtained from (insert name of [the] municipality or county, as applicable). Your failure to pay any assessment or any annual Installment may result in penalties and Interest being added to what you owe or in a Ben on and the foreclosure of your property. The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. Date: Signature of Purchaser (a-2) For a district described by Section 372.003S, Local Government Code, the notice required by Subsection (a) shall be executed by the seller and must, except as provided by Subsection (b), read as follows: NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO (insert name of municipality levying assessment), TEXAS CONCERNING THE FOLLOWING HOTEL PROPERTY (insert property address) As the purchaser of the real property described above, you are obligated to pay assessments to (Insert name of municipality), Texas, for the costs of a portion of a public improvement or services project (the "Authorized Services") undertaken for the benefit of the property within (Insert name of public Improvement district) (the "District") created under Subchapter A. Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED SERVICES, WHICH MUST BE PAID IN FULL WITH EVERY PAYMENT BY THE HOTEL OF LOCAL HOTEL OCCUPANCY TAX REMITTANCES TO THE MUNICIPALITY. YOUR FAILURE TO PAY THE ASSESSMENT MAY RESULT IN PENALTIES AND INTEREST BEING ADDED TO WHAT YOU OWE, AND MAY INCLUDE THE PURSUIT OF ANY OTHER REMEDY THAT G AUTHORIZED UNDER SECTION 372.003S(d), LOB GOVERNMENT CODE. EXHIBIT B EXHIBIT 1 2021 Service and Assessment Plan Information about the calculation of the assessment may be obtained from (Insert name of the municipality). fie exact assessment rate will be approved each year by (Insert name of city council) In the annual service plan updateforthe dI Mct. More Information aboutthe assessments, including the assessment rate and due dates, may be obtained from (Insert name of municipality). The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. Date: Signature of Purchaser (b) The seller or the municipality or county that created the public Improvement district may provide additional information regarding the district in the notice prescribed by Subsection (a-1) or (4-2), Including whether an assessment has been levied, the amount of the assessment, and the payment schedule for assessments. (c) This section does not apply to a transfer: (1) under a court order or foreclosure sale; (2) by a trustee in bankruptcy, (3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in Interest; (4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court -ordered foreclosure or has acquired the land by a deed in lieu of foreclosure, (5) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; (6) from one co-owner to another co-owner of an undivided interest In the real property; (7) to a spouse or a person in the lineal line of consanguinity of the seller, (8) to or from a governmental entity; or (9) of only a mineral interest, leasehold interest, or security Interest. (d) For the purposes of this section, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sate requiring notice Page -2 - EXHIBIT B FJOuw2 Cky of LabboO Tx Nol dn" st Passage PID ProjeaEed Assemeaa ftD ROM NWP EB3 PROJECT 0 1500 BROADWAYST STE 1500 BLK JSSEC 11 AS 343 7R A AC: 233.70 1,158,500 • 146"M 1.169,500 $ 1,75L75 WBBOCK,TX 79401 233.7 R66307 NWP EB-S PROJECT UrC 1500BROADWAYST STE L500 BLK A SEC 14 AB 861 TR A OF 206.14 1,030,700 1,030,700 1,030,700 1.546.05 WBBOCK,TX 79401 S/2ACS:206.14 R8t421 NWP EB-S PROJECT LLC 1500 BROADWAYST STE 15M 5601 URSUUNE ST, BU(JS SEC 6 AB 1492 TR A & 152.61 757J59 757,939 757,939 1436.91 WBBOCK,iX 79401 LUBBOCK, TX 79416 A30F NW/4 AC. L52.606 212485 NWP EB-S PROJECT LLC 15W BROADWAY ST STE 15W 5201 URSULME ST, BLK JS SEC 6 All 1S16TR B ACS: 154.12 MAD 710AW 770ADO 1.155.90 WBBOCK,TX 794M LUBBOCK, TX 79416 154.12 R63214 NWP EBd PROJECT LLC 1500 BROADWAY ST STE 1500 5521 N CR =0 BLK JS SEC 11 AB 343 TR B 24L49 LZ73,930 1,273,830 1.273,930 3,910 90 WBBOCK,7X 79401 AC24SA9 992.06 7 EXHIBIT B FILED AND RECORDED OFFICIAL PUBLIC RECORDS Kelly Pinion Ceunt��Y�Clerk Lubbeok County Qpm 11/02/2021 03: PA 20210618111 Kelly Pir onH &Tung Clerk 904 Broadway, Room 207 Lubbock, TX 79401 P.O. Box 10536 Lubbock, TX 79408 (806) 775-1076 Receipt: 2021-WM Product Name Extended ORD ORDINANCE $58.00 Documwit 8 2021056M Document Info: CITY OF LUBBOCK 10 Total $58.00^ Tender (CREDIT CARD) $58.00 Au1h Code 134123714 Paid By BRANDY BASS 000 CITY OF LUBBOCK WS-775-2105 Commwft ORD - 2021-00152 11162AMI 03.41 PM CDI MOM'II L'O1R11Y CORK W4 BRIXYAAY WM 2U, t wars(K. 14 iS41t8 IERNINAL NAME. EM23M ORDERN 134123714 PAYMENT 14114 AGLIA.Y SUBIOIAt $W. W L"IbXXIS SERVICE FEE: $2.68 101A 11U, W, U0 (WI ". 4420 MASII RfARU PAYMENT. CRE0I1 Off REWCWFACT AU111 ON 034145 APY I ABET Mastercard LVM NO 116 RLWI40 AAI' AUUOIXGM1010 AROC: BFF86FFC1'EEiF880 AMMI i60 SO u• t,ARU AH4t0YN, •u AMOUNT PAID: $60 Io twa:aaaasua.aaaaaaasa� MUM COPY HAVE A NICE DAYI HTTP'J/CO.LUBBOCK.TX.US 1112M 3:45 PM OBowlev First Reading March 22, 2022 Item No. 8.12 ORDINANCE NO. 2022-00043 Second Reading April 12, 2022 Item No. 7.20 THE FIRST AMENDED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LUBBOCK ADOPTING THE NORTHWEST PASSAGE PUBLIC IMPROVEMENT DISTRICT (THE -DISTRICT") 2022 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN; REVIEWING CLASSIFICATIONS FOR THE METHODS OF ASSESSING SPECIAL BENEFITS FOR THE SERVICES AND IMPROVEMENTS OF PROPERTY IN THE NORTHWEST PASSAGE PUBLIC IMPROVEMENT DISTRICT; APPROVING, ADOPTING AND FILING WITH THE CITY SECRETARY THE UPDATED ASSESSMENT ROLL; CLOSING THE HEARING AND LEVYING 2022 ASSESSMENTS FOR THE COST OF CERTAIN SERVICES AND IMPROVEMENTS TO BE PROVIDED IN THE DISTRICT DURING FY 2022-23; FIXING CHARGES AND LIENS AGAINST THE PROPERTY IN THE DISTRICT AND AGAINST THE OWNERS THEREOF; AND PROVIDING FOR THE COLLECTION OF THE ASSESSMENT. WHEREAS, on September 14, 2021, after notice and a public hearing in the manner required by law, the City Council of the City of Lubbock, Texas (the "City') approved a resolution authorizing the creation of the Northwest Passage Public Improvement District (the "District"); and WHEREAS, on October 26, 2021, after notice and a public hearing conducted in the manner required by law, the City Council adopted Ordinance No. 2021-00152 (the "Assessment Ordinance") approving a Service and Assessment Plan (the "Plan') and Assessment Roll (the "Roll") and the levy of assessments on property in the District.; and WHEREAS, it is necessary to amend and restate the 2022 Service and Assessment Plan adopted on October 26, 2021 for the issuance of bonds and update of the Assessment Roll. The 2022 Amended and Restated Service and Assessment Plan for the District is attached hereto as "Exhibit A" and incorporated herein; and WHEREAS, at its regularly scheduled meeting on March 22, 2022, the City Council held a public hearing to allow interested persons to speak for or against the Amended and Restated Plan. WHEREAS, the City Council now desires to amend the Assessment Ordinance and approve and adopt the 2022 Amended and Restated Service and Assessment Plan and the updated Roll for the District in conformity with the requirements of the Act. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1: THAT the findings and determinations set forth in the preambles are hereby incorporated by reference for all purposes. SECTION 2: THAT the 2022 Amended and Restated Service and Assessment Plan and updated Assessment Roll attached hereto as "Exhibit A" are hereby approved and adopted. SECTION 3: THAT the City Council, after review of the Plan, approves the method of assessing special benefits of services and improvements set forth in the Plan. Terms relating to property taxes in this ordinance shall be used as defined in Section 1.04 of the Texas Property Tax Code. In accordance with the Plan, each property owner in the District identified for assessments in 2022 receives the same amount of service for the assessment provided. The proposed method of assessment, which specifies included or excluded classes of assessable property, is based on the net taxable value of the real property and real property improvements as determined by the Lubbock Central Appraisal District in accordance with Chapter 25 of the Texas Property Tax Code. Public rights -of -way are exempt from assessment. SECTION 4: THAT the City Council hereby approves, adopts and files with the City Secretary the Roll. The Roll states an estimate of the assessment against each parcel of land in the District, as determined by the method of assessment set forth in the Plan and this Ordinance. The City Secretary shall file the Roll in the official City records. The Roll shall be subject to public inspection. SECTION 5: THAT the City Council finds that the notice of the City Council's intention to consider the proposed assessments at a public hearing on March 22, 2022 at 5:00 p.m. in the City Council Chamber,1314 Avenue K, Lubbock, Texas was published in the official newspaper of the City of Lubbock, Texas before the 10°' day before the date of the hearing. The notice stated: (1) the date, time and place of the hearing; (2) the general nature of the services and improvements; (3) the cost of the services and improvements; (4) the boundaries of the District; and, (5) that written or oral objections will be considered at the hearing. SECTION 6: THAT the City Council finds that City staff mailed to the owners of property liable for assessment notice of the hearing as the ownership appears on the City tax roll. The notice contained the information required by the Act. The notice was mailed before the 10 ' day before the date of the hearing to the last known address of the property owner on the City tax roll. The failure of the property owner to receive notice does not invalidate the proceeding. SECTION 7: THAT the City Council finds that the assessments should be made and levied against the respective parcels of property within the District and against the owners thereof, and are substantially in proportion to the benefits to the respective parcels of property by means of the services and improvements in the District for which such assessments are levied, and further finds that in each case the property assessed is specially benefited by means of the said services and improvements of the District, and further finds that the apportionment of costs of the services and improvements is in accordance with the law in force in this City and the State and in the proceedings of the city heretofore had with reference to the formation of the District and the imposition of assessments for said services and improvements are in all respects valid and regular. SECTION 8: THAT there shall be and is hereby levied and assessed against the parcels of property within the District, and against the real and true owners thereof (whether such owners be correctly named or not), the sums of money calculated by applying the assessment rate to the final 2022 city net taxable value in the manner described in the assessment attached hereto in Exhibits B and C shown opposite the description of the respective parcels of property, and the several amounts assessed against the same, and the owners thereof. SECTION 9: THAT the several sums above mentioned and assessed against the said parcels of property and the owners thereof, and interest thereon at the rate per annum established in Section 9 together with reasonable attorney's fees and costs of collection, if incurred, are hereby declared to be and are made a first and prior lien against the property assessed, superior to all other liens and claims except liens and claims for ad valorem taxes and is a personal liability of and charge against the owners of the property regardless of whether the owners are named. The lien shall attach on January 1 of each year to the property to secure the payment of all assessments, penalties, and interest ultimately imposed for the year on the property, whether or not the assessments are imposed in the year the lien attaches and shall be effective until the assessment is paid The lien is perfected on attachment and perfection requires no further action by the governing body. SECTION 10: THAT the assessments levied herein shall be due and payable in full on receipt of the assessment bill and are delinquent if not paid by January 31, 2023 except as provided in Sections 31.02(b), 31.03, and 31.04 of the Texas Property Tax Code. A delinquent assessment incurs a penalty of six percent of the amount of the assessment for the first calendar month it is delinquent plus one percent for each additional month or portion of a month the assessment remains unpaid prior to July 1 of the year in which it becomes delinquent. However, an assessment delinquent on July 1 incurs a total penalty of twelve percent of the amount of the delinquent assessment without regard to the number of months the assessment has been delinquent. A delinquent assessment continues to incur the penalty provided by this section as long as the assessment remains unpaid, regardless of whether a judgment for the delinquent assessment has been rendered. That if default be made in the payment of any of the said sums hereby assessed against said property owners and their property, collection thereof, including costs and attorney's fees, shall be enforced by the governing body in the same manner that an ad valorem tax lien against real property may be enforced by the governing body under Chapters 31, 32, and 33 of the Texas Property Tax Code. The owner of the assessed property may pay at any time the entire assessment on any lot or parcel, along with any interest and penalty that has accrued on the assessment. SECTION 11: THAT all assessments levied are a personal liability and charge against the real and true owners of the premises described, notwithstanding such owners may not be named, or may be incorrectly named. SECTION 12: THAT the assessments herein levied are made and levied under and by virtue of the terns powers and provisions of the Act, as amended. SECTION 13: THAT the City may contract with the Lubbock Central Appraisal District and any competent attorney to collect the assessments and to represent the District to enforce the collection of delinquent assessments. The attorney's compensation shall be set in the contract, but the total amount of compensation provided may not exceed twenty percent (20%) of the amount of delinquent assessment, penalty, and interest collected, as required in Section 6.03 of the Texas Property Tax Code. SECTION 14: THAT this Ordinance shall take effect upon passage and execution hereof. AND IT IS SO ORDERED. Passed by the City Council on first reading on March 22, 2022 Passed by the City Council on second reading on April 12, 2022 DANIEL M. POPE, MAYOR ATTEST: Re a Garza, City Sec APPROVED AS TO CONTENT: D. Blu Kogfelich, Chief Financial Officer APPROVED AS TO FORM: K Ili Leisure, Assistant City Attorney Ord. Northwest Passage PID A&R SAP 2022 March 22. 2022 Northwest Passage Public Improvement District 2022 AMENDED & RESTATED SERVICE AND ASSESSMENT PLAN UPDATED FOR THE ISSUANCE OF BONDS MARCH 22, 2022 11 City of Lubbock � TEXAS TABLE OF CONTENTS Tableof Contents..........................................................................................................................................1 Introduction.................................................................................................................................................. 2 SectionI: Definitions..................................................................................................................................... 3 SectionII: The District................................................................................................................................... 7 Section III: Authorized Improvements..............................................................................................................7 SectionN: Service Plan.........................................................................................................................................8 SectionV: Assessment Plan.................................................................................................................................. 8 SectionVI: Terms of the Assessments................................................................................................................10 SectionVII: Assessment Roll............................................................................................................................... 23 Section Vill: Additional Provisions.....................................................................................................................13 Listof Exhibits.............................................................................................................................................15 ExhibitA - District Legal Description..................................................................................................................16 Exhibit B - District Boundary Map.............................................................................................................. 24 ExhibitC- Authorized Improvements.............................................................................................................25 Exhibit D - Service Plan - Five Year Plan............................................................................................................ 26 Exhibit E - Service Plan - Sources and Uses....................................................................................................... 27 ExhibitF -Assessment Roll.................................................................................................................................. 28 ExhibitG - Annual Installments.....................................................................................................................29 Exhibit H - Maximum Assessment per Lot Type................................................................................................ 30 Exhibit I -Allocation of Public Improvement Costs by Section................................................................... 31 ExhibitJ - Estimated Bond Debt Service Schedule............................................................................................. 32 Nordraest Passage PID SAP 1 INTRODUCTION Capitalized terms used in this 2022 Amended and Restated Service and Assessment Plan (this "2022 AM SAP") shall have the meanings given to them in Section I unless otherwise defined in this 2022 AM SAP or unless the context in which a term is used clearly requires a different meaning. Unless otherwise defined, a reference to a "Section" or an "Exhibit" shall be a reference to a Section of this 2022 A&R SAP or an Exhibit attached to and made a part of this 2022 A&R SAP for all purposes. On September 14, 2021 the City passed and approved Resolution No. 2021-RO363 authorizing the creation of the District in accordance with the PID Act, which authorization was effective on the date it was approved as required by the PID Act. The purpose of the District is to finance the Actual Costs of the Authorized Improvements for the benefit of property within the District. The District contains approximately 992.06 acres within the corporate limits of the City, as described legally by metes and bounds on Exhibit A and as depicted by the map on Exhibit B. On November 1, 2021 the City passed and approved by Ordinance No. 2021-00152 accepting and approving a service and assessment plan (the "2022 SAP") and Assessment Roll for the District. The 2022 SAP levied Assessments against the Assessed Property within the District and established a lien on such Assessed Property. The PID Act requires a service plan covering a period of at least five years and defining the annual indebtedness and projected cost of the Authorized Improvements. The Service Plan is contained in Section IV. The PID Act requires that the Service Plan include an assessment plan that assesses the Actual Costs of the Authorized Improvements against Assessed Property within the District based on the special benefits conferred on such property by the Authorized Improvements. The Assessment Plan is contained in Section V. The PID Act requires an Assessment Roll that states the Assessment against each Parcel determined by the method chosen by the City. The Assessment against each Assessed Property must be sufficient to pay the share of the Actual Costs apportioned to the Assessed Property and cannot exceed the special benefit conferred on the Assessed Property by the Authorized Improvements. The Assessment Roll Is contained In Exhibit F. Pursuant to the PID Act, the 2022 SAP must be reviewed and updated annually. This document Is amending and restating the 2022 SAP. This 2022 A&R SAP updates the Assessment Roll for 2022 to reflect the issuance of Bonds. Northwest Passage PID SAP 2 SECTION I: DEFINITIONS "2022 SAP" means that service and assessment plan passed and approved on November 1, 2021 by the City pursuant to Ordinance No. 2021- 00152 that levied Assessments against the Assessed Property within the District and established a lien on such Assessed Property. "2022 AM SAP" means this 2022 Amended and Restated Service and Assessment Plan which is the update to the 2022 SAP and the update relating to the Bonds, as it may be modified, amended, supplemented, and updated from time to time. "Actual Costs" means, with respect to the Authorized Improvements, (a) the costs incurred by or on behalf of Owner for the design, planning, acquisition, installation, construction and/or implementation of such Authorized Improvement, (b) the costs incurred in preparing the construction plans for such Authorized Improvement, (c) the fees paid for obtaining permits, licenses or other governmental approvals for such Authorized Improvement, (d) the costs incurred by or on behalf of the Owner for external professional costs, such as engineering, geotechnical, surveying, land planning, architectural landscapers, appraisals, legal, accounting and similar professional services, (e) taxes (property and franchise) related to the Authorized Improvements that benefit the properties within the boundaries of the District, (f) all labor, bonds and materials, including equipment and fixtures, incurred by contractors, builders and materialmen In connection with the acquisition, construction or implementation of the Authorized Improvement, and (f) all related permitting, zoning and public approval expenses, architectural, engineering, legal and consulting fees, financing charges, taxes, governmental fees and charges, insurance premiums, and miscellaneous expenses plus interest, if any, calculated from the respective dates of the expenditures until the date of reimbursement therefore. "Additional Interest" means the amount collected by application of the Additional Interest Rate. "Additional Interest Rate" means the 0.25% additional interest charged on the Assessments securing Bonds pursuant to Section 372.018 of the PID Act. "Administrator" means the City or the person or independent firm designated by the City who shall have the responsibility provided In this 2022 AM SAP, the Indenture, or any other agreement or document approved by the City related to the duties and responsibility of the administration of the District. "Annual Collection Costs" mean the actual or budgeted costs and expenses related to the creation and operation of the District, and the construction, operation, and maintenance of the Authorized Improvements, including, but not limited to, costs and expenses for. (1) the Administrator and City staff, (2) legal couruel, engineers, accountants, financial advisors, and other consultants engaged by the City; (3) Northwest Passage PID SAP 3 calculating, collecting, and maintaining records with respect to Assessments and Annual Installments; (4) preparing and maintaining records with respect to Assessment Rolls and Annual Service Plan Updates; (5) paying, and redeeming Bonds; (6) investing or depositing Assessments and Annual Installments; (7) complying with this 2022 AM SAP and the PID Act with respect to the administration of the District, including continuing disclosure requirements; and (8) the paying agent/registrar and Trustee in connection with Bonds, including their respective legal counsel. Annual Collection Costs collected but not expended in any year shall be carried forward and applied to reduce Annual Collection Costs for subsequent years. "Annual Installment" means the annual installment payment of an Assessment as calculated by the Administrator and approved by the City Council, which includes: (1) principal; (2) interest; (3) Annual Collection Costs; and (4) Additional Interest. "Annual Service Plan Update" means an update to the 2022 SAP prepared no less frequently than annually by the Administrator and approved by the City Council. "Assessed Property" means any Parcel within the District that benefits from the Authorized Improvements and on which an Assessment is levied as shown on the Assessment Roll and which includes any and all Parcels within the District other than Non-Benefitted Property. "Assessment" means an assessment levied against a Parcel and imposed pursuant to an Assessment Ordinance and the provisions herein, as shown on the Assessment Roil, subject to reallocation upon the subdivision of such Parcel or reduction according to the provisions herein and in the PID Act. "Assessment Ordinance" means Ordinance No. 2021-00152 adopted by the City Council on November 1, 2021 in accordance with the PID Act that approved the 2022 SAP and levied an Assessment on Assessed Property within the District. "Assessment Plan" means the methodology employed to assess the Actual Costs of the Authorized Improvements against Assessed Property within the District based on the special benefits conferred on such property by the Authorized Improvements, more specifically described in Section V. "Assessment Roll" means the assessment roll for the Assessed Property within the District and included In this 2022 A&R SAP as Exhibit F, as updated, modified, or amended from time to time in accordance with the procedures set forth herein and in the PID Act, including updates prepared In connection with the issuance of Bonds or in connection with any Annual Service Plan Update. "Authorized Improvements" mean improvements authorized by Section 372.003 of the PID Act, including Public Improvements and District Formation and Bond Issuance Costs. "City" means the City of Lubbock, Texas. "City Council" means the governing body of the City. "County' means Lubbock County, Texas. Northwest Passage PID SAP 4 "Delinquent Collection Costs" mean, for a Parcel, interest, penalties, and other costs and expenses authorized by the PID Act that directly or indirectly relate to the collection of delinquent Assessments, delinquent Annual Installments, or any other delinquent amounts due under this SAP, including costs and expenses to foreclose liens. "District" means the approximately 992.06 acres within the corporate limits of the City, as described legally by metes and bounds on Exhibit A and as depicted by the map on Exhibit B. "District Formation and Bond Issuance Costs" mean the costs associated with forming the District and issuing Bonds, including but not limited to attorney fees, financial advisory fees, consultant fees, appraisal fees, printing costs, publication costs, City costs, capitalized interest, reserve fund requirements, first year's Annual Collection Costs, underwriter discount, fees charged by the Texas Attorney General, and any other cost or expense directly associated with the establishment of the District and/or the issuance of Bonds. "Estimated Buildout Value" means the estimated buildout value of an Assessed Property at the time Assessments are levied, and shall be determined by the Administrator and confirmed by the City Council by considering such factors as density, lot size, proximity to amenities, view premiums, location, market conditions, historical sales, builder contracts, discussions with homebuilders, reports from third party consultants, or any other information that may impact value. "Indenture" means an Indenture of Trust entered into in connection with the issuance of Bonds, as amended or supplemented from time to time, between the City and the Trustee setting forth terms and conditions related to the Bonds. "Landowner Agreement" means that certain Landowner Agreement between the City and Owner dated March 22, 2022. "Lot" means (1) for any portion of the District for which a subdivision plat has been recorded in the official public records of the County, a tract of land described as a "lot" in such subdivision plat, and (2) for any portion of the District for which a subdivision plat has not been recorded in the official public records of the County, a tract of land anticipated to be described as a "lot" in a final recorded subdivision plat as shown on a concept plan or preliminary plat. "Lot Type" All lot types at this time are the same with no classifications. Since the assessment is based on $0.15 per $100 valuation it will distribute the assessment fairly between the different sizes and types. "Maximum Assessment" means the maximum assessment of $0.15 per $100 valuation for each of the lots. "Non-Benefitted Property" means Parcels within the boundaries of the District that accrue no special benefit from Authorized improvements as determined by the City Council. "Owner" means the non -City parties to the landowner Agreement "ParceIW means a property, within the boundaries of the District, identified by either a tax map identification number assigned by the Lubbock Central Appraisal District for real property tax purposes, by metes and bounds description, by lot and block number in a final subdivision plat recorded in the official public records of the Northwest Passage PID SAP 5 County, or by any other means as determined by the City Council. "PID Act" means Chapter 372, Texas Local Government Code, as amended "Bonds" mean those certain "Gty of Lubbock, Texas, Bonds (Northwest Passage Public Improvement District)", and any other bonds issued In accordance with the PID Act, If applicable, that are secured by Assessments. "Prepayment" means the payment of all or a portion of an Assessment before the due date thereof. Amounts received at the time of a Prepayment which represent a payment of principal, Interest, or penalties on a delinquent installment of Assessment are not to be considered a Prepayment, but rather are to be treated as a payment of the regularly scheduled Assessment. "Prepayment Costs" mean interest, Including Additional Interest, and Annual Collection Costs incurred up to the date of Prepayment. "Public Improvements" means those Authorized Improvements specifically described in Section III.A. "Service Plan" covers a period of at least five years and defines the annual indebtedness and projected costs of the Authorized Improvements, more specifically described in Section IV. "Trustee" means the trustee (or successor trustee) under an Indenture. Northwest Passage PID SAP 6 SECTION II: THE DISTRICT The District includes approximately 992.06 acres within the corporate limits of the City, as described legally by metes and bounds on Exhibit A and as depicted by the map on Exhibit S. Development of the District is anticipated to include 4400 single-family homes. SECTION III: AUTHORIZED IMPROVEMENTS The City, based on information provided by the Owner and its engineer and review by the City staff, determined that the Authorized Improvements confer a special benefit on the Assessed Property. Public Improvements will be designed and constructed in accordance with City standards and will be owned and operated by the City once accepted unless specifically stated below. The budget for the Authorized Improvements, as well as the allocation of the Actual Costs of the Authorized Improvements, is shown on Exhibit C. A. Public Improvements ■ Drainage Improvements Including earthen channels, swales, curb and drop inlets, RCP piping and boxes, headwalls, concrete flumes, rock rip rap, concrete outfalls, and testing as well as all related earthwork, excavation, and erosion control necessary to provide storm drainage for all Lots in the District. ■ Soft Costs/Contingency/Project Management Includes 23% soft costs, contingency and project management fee. & District Formation and Bond Issuance Costs ■ Debt Service Reserve Requirement Equals the amount required to fund a reserve under the Indenture in connection with the issuance of Bonds. ■ Capitalized Interest Equals the amount of capitalized interest available for payment of interest on Bonds as reflected in the Indenture. ■ underwriter's Discount Equals a percentage of the par amount of a particular series of Bonds and includes a fee for underwriter's counsel. Nordr*vA Passage PID SAP ■ Cost of Issuance Costs associated with issuing Bonds, including but not limited to attorney fees, financial advisory fees, consultant fees, appraisal fees, printing costs, publication costs, City costs, fees charged by the Texas Attorney General, and any other cost or expense directly associated with the issuance of Bonds. ■ District Formation Expenses directly associated with forming the District including 1st year Annual Collection Costs. SECTION IV: SERVICE PLAN The PID Act requires the Service Plan to cover a period of at least five years. The Service Plan is required to define the projected costs and annual indebtedness for the Authorized Improvements undertaken within the District during the five-year period. The Service Plan shall be updated in each Annual Service Plan Update. Exhibit D summarizes the Service Plan for the District. Exhibit E summarizes the sources and uses of funds required to construct certain Authorized Improvements. Exhibit E will be updated to show the amount required to fund the required reserves and issue the Bonds at the time the Bonds are issued. The sources and uses of funds shown on Exhibit E shall be updated in each Annual Service Plan Update. SECTION V: ASSESSMENT PLAN The PID Act requires the City to apportion the Actual Costs of the Authorized Improvements to the Assessed Property based on the special benefit received from the Authorized Improvements. The PID Act provides that such costs may be apportioned: (1) equally per front foot or square foot, (2) according to the value of property as determined by the City, with or without regard to improvements constructed on the property, or (3) in any other manner approved by the City that results in imposing equal shares of such costs on property similarly benefited. The PID Act further provides that the governing body may establish by ordinance or order reasonable classifications and formulas for the apportionment of the cost between the municipality and the area to be assessed and the methods of assessing the special benefits for various classes of improvements. This section of this 2022 A&R SAP describes the special benefit received by each Assessed Property within the District as a result of the Authorized Improvements and provides the basis and justification for the determination that this special benefit exceeds the amount of the Assessments levied on the Assessed Property for such Authorized Improvements. The determination by the City of the assessment methodologies set forth below is the result of the Northwest Passage PID SAP 8 discretionary exercise by the City Council of its legislative authority and governmental powers and is conclusive and binding on the Owner and all future owners and developers of the Assessed Property. A. Assessment Methodology The City Council, acting in its legislative capacity based on information provided by the Developer and Its engineer and reviewed by the City staff, has determined that the costs of the Authorized Improvements shall be allocated to each Parcel based on the Estimated Buildout Value of each Parcel. Upon subdivision of an Assessed Property, the Actual Costs of the Authorized Improvements shall be reallocated based on Estimated Buildout Value but assessments will be based on actual taxable value as further described in Section VI. B. Assessments Assessments will be levied on the Assessed Property according to the Assessment Roll, attached hereto as Exhibit F. The projected Annual Installments are shown on Exhibit G, subject to revisions made during any Annual Service Plan Update. C. Findings of Special Benefit The City Council, acting in its legislative capacity based on information provided by the Owner and its engineer and reviewed by the City staff, has found and determined: ■ The costs of the Improvements equals $41,775,434 as shown on Exhibit C, and ■ The Assessed Property receives special benefit equal to or greater than the Improvements; and ■ The Assessed Property was allocated 10096 of the Assessments levied for the Authorized Improvements, which equals $14,732,013 (Principal and Interest only) as shown on Exhibit M; and ■ The special benefit ($41,775,434) received by the Assessed Property from the Improvements is greater than the amount of Assessments ($14,732,013) levied on the Assessed Property for the Improvements; and ■ At the time the City Council approved the Assessment Ordinance, the Owner owned 100% of the Parcels. In the Landowner Agreement with the City, the Owner acknowledged that the Authorized Improvements confer a special benefit on the Assessed Property and consented to the imposition of the Assessments to pay for the Actual Costs associated therewith. The Owner ratified, confirmed, accepted, agreed to, and approved (1) the determinations and findings by the City Council as to the special benefits described herein and in the Assessment Ordinance, (2) the 2022 SAP and the Assessment Ordinance, and (3) the levying of the Assessments on the Assessed Property. Annual Collection Costs The Annual Collection Costs shall be paid for on a pro rata basis by each Assessed Property based on the amount of outstanding Assessment remaining on the Assessed Property. The Annual Collection Costs shall be collected as part of and in the same manner as Annual Installments in the amounts shown on the Assessment Roll, which may be revised based on Actual Costs incurred in Annual Service Plan Updates. Northwest Passage PID SAP 9 D. Additional Interest The Interest rate on Assessments levied on the Assessed Property may exceed the interest rate on the Bonds by the Additional Interest Rate. Additional Interest shall be collected as part of each Annual Installment and shall be deposited pursuant to the Indenture. SECTION VI: TERMS Of THE ASSESSMENTS A. Reallocation of Assessments 1. Upon Division Prior to Recording of Subdivision Plat or Upon Subdivision by a Recorded Subdivision Plat Upon the division of any Assessed Property (without the recording of subdivision plat), the Administrator shall reallocate the Assessment for the Assessed Property prior to the division among the newly divided Assessed Properties according to the following formula: A=Bx(C-D) Where the terms have the following meanings: A = the Assessment for the newly divided Assessed Property B = the Assessment for the Assessed Property prior to division C = the Estimated Buildout Value of the newly divided Assessed Property D = the sum of the Estimated Buildout Value for all the newly divided Assessed Properties The sum of the Assessments for all newly divided Assessed Properties shall equal the Assessment for the Assessed Property prior to subdivision. The calculation shall be made separately for each newly divided Assessed Property. The reallocation of an Assessment for an Assessed Property that Is a homestead under Texas law may not exceed the Assessment prior to the reallocation. Any reallocation pursuant to this section shall be reflected in the next Annual Service Plan Update and update to this Service and approved by the City Council. Z Upon Consolidation If two or more Lots or Parcels are consolidated, the Administrator shall allocate the Assessments against the Lots or Parcels before the consolidation to the consolidated Lot or Parcel, which allocation shall be approved by the City Council in the next Annual Service Plan Update. The Assessment for any resulting Lot will not exceed the Maximum Assessment, shown on Exhibit H, and compliance may require a mandatory prepayment of Assessments pursuant to Section VI.B. B. True -up of Assessments if Maximum Assessment Exceeded If the subdivision of any Assessed Property by a final subdivision plat causes the Assessment per Lot for any Lot Type to exceed the Maximum Assessment, the owner of Assessed Property requesting the Northwest Passage PID SAP 10 subdivision must prepay the portion of the Assessment for each Assessed Property that exceeds the Maximum Assessment In an amount sufficient to reduce the Assessment to the Maximum Assessment. C. Mandatory Prepayment of Assessments If Assessed Property is transferred to a person or entity that is exempt from payment of the Assessments, the owner transferring the Assessed Property shall pay to the City or the Administrator on behalf of the City the full amount of the outstanding Assessment, plus Prepayment Costs and Delinquent Collection Costs, if any, for such Assessed Property, prior to the transfer. If the owner of the Assessed Property causes the Assessed Property to become Non-Benefitted Property, the owner causing the change in status shall pay the full amount of the outstanding Assessment, plus Prepayment Costs and Delinquent Collection Costs, If any, prior to the change in status. D. Reduction of Assessments If as a result of cost savings or Authorized Improvements not being constructed, the Actual Costs of completed Authorized Improvements are less than the Assessments, (1) in the event Bonds are not issued, the City Council shall reduce each Assessment on a pro-rata basis such that the sum of the resulting reduced Assessments for all Assessed Property equals the reduced Actual Costs, or (H) in the event Bonds are issued, the Trustee shall apply amounts on deposit in the applicable account of the Project Fund, relating to the Bonds, that are not expected to be used for purposes of the Project Fund to redeem outstanding Bonds, in accordance with the applicable Indenture. The Assessments shall not, however, be reduced to an amount less than the outstanding Bonds. The Administrator shall update (and submit to the City Council for review and approval as part of the next Annual Service Plan Update) the Assessment Roll and corresponding Annual Installments, as shown on Exhibits F, and G, to reflect the reduced Assessments. E. Prepayment of Assessments The owner of the Assessed Property may pay, at any time, all or any part of an Assessment in accordance with the PID Act. Interest costs from the date of prepayment to the date of redemption of the applicable Bonds, if any, may be paid from a reserve established under the applicable Indenture. If an Annual Installment has been billed prior to the Prepayment, the Annual Installment shall be due and payable and shall be credited against the Prepayment. If an Assessment is pre -paid in full, with Prepayment Costs: (1) the Administrator shall cause the Assessment to be reduced to zero and the Assessment Roll to be revised accordingly, (2) the Administrator shall cause the revised Assessment Roll to be approved by the City Council as part of the next Annual Service Plan Update; and (3) the obligation to pay the Assessment and corresponding Annual Installments shall terminate. If an Assessment is pre -paid in part, with Prepayment Costs: (1) the Administrator shall cause the Assessment to be reduced and the Assessment Roll revised accordingly, (2) the Administrator shall cause the revised Assessment Roll to be approved by the City Coundl as part of the next Annual Service Plan Update; and (3) the obligation to pay the Assessment and corresponding Annual Installments shall be reduced to the extent of the Prepayment made. F. Prepayment as a result of Eminent Domain Proceeding or Taking Northwest Passage PID SAP 31 If any portion of any Parcel of Assessed Property is taken from an owner as a result of eminent domain proceedings or if a transfer of any portion of any Parcel of Assessed Property is made to an entity with the authority to condemn all or a portion of the Assessed Property in lieu of or as a part of an eminent domain proceeding (a "Taking"), the portion of the Assessed Property that was taken or transferred (the "Taken Property") shall be reclassified as Non-Benefitted Property. For the Assessed Property that is subject to the Taking as described in the preceding paragraph, the Assessment that was levied against the Assessed Property (when it was included in the Taken Property) prior to the Taking shall remain in force against the remaining Assessed Property (the Assessed Property less the Taken Property), (the "Remaining Property") following the reclassification of the Taken Property as Non-Benefitted Property, subject to an adjustment of the Assessment applicable to the Remaining Property after any required Prepayment as set forth below. The owner will remain liable to pay in Annual Installments, or payable as otherwise provided by this Service and Assessment Plan, as updated, or the PID Act, the Assessment that remains due on the Remaining Property, subject to an adjustment in the Annual Installments applicable to the Remaining Property after any required Prepayment as set forth below. Notwithstanding the foregoing, if the Assessment that remains due on the Remaining Property exceeds the Maximum Assessment, the owner will be required to make a Prepayment in an amount necessary to ensure that the Assessment against the Remaining Property does not exceed the Maximum Assessment, in which case the Assessment and Annual Installments applicable to the Remaining Property will be reduced by the amount of the partial Prepayment. In all instances the Assessment remaining on the Remaining Property shall not exceed the Maximum Assessment. By way of illustration, if an owner owns 100 acres of Assessed Property subject to a $100 Assessment and 10 acres is taken through a Taking, the 10 acres of Taken Property shall be reclassified as Non-Benefitted Property and the remaining 90 acres of Remaining Property shall be subject to the $100 Assessment, (provided that this $100 Assessment does not exceed the Maximum Assessment on the Remaining Property). If the Administrator determines that the $100 Assessment reallocated to the Remaining Property would exceed the Maximum Assessment on the Remaining Property by $10, then the owner shall be required to pay $10 as a Prepayment of the Assessment against the Remaining Property and the Assessment on the Remaining Property shall be adjusted to be $90 and the Annual Installments adjusted accordingly. Notwithstanding the previous paragraphs in this subsection (F), the Assessments shall not, however, be reduced to an amount less than the outstanding Bonds. G. Payment of Assessment in Annual Installments Assessments that are not paid in full shall be due and payable in Annual Installments. Exhibit G shows the projected Annual Installments for the District. Annual Installments are subject to adjustment in each Annual Service Plan Update. The Administrator shall prepare and submit to the City Council for its review and approval an Annual Service Plan Update to allow for the billing and collection of Annual installments. Each Annual Service Plan Update shall include updated Assessment Rolls and updated calculations of Annual Installments. Annual Collection Costs shall be allocated pro rata among Assessed Properties for which the Assessments remain unpaid in proportion to the amount of the Annual Installments for the Assessed Property. Annual Installments shall be collected by the City in the same manner and at the same time as ad valorem taxes. Annual Installments shall be subject to the penalties, procedures, and foreclosure sale in case of Northwest Passage PID SAP 12 delinquencies as set forth in the PID Act and in the same manner as ad valorem taxes for the City. The City Council may provide for other means of collecting Annual Installments. Assessments shall have the lien priority specified in the PID Act. Sales of the Assessed Property for nonpayment of Annual Installments shall be subject to the lien for the remaining unpaid Annual Installments against the Assessed Property, and the Assessed Property may again be sold at a judicial foreclosure sale if the purchaser falls to timely pay the Annual Installments as they become due and payable. The City reserves the right to refund Bonds in accordance with the PID Act. In the event of a refunding, the Administrator shall recalculate the Annual Installments so that total Annual Installments will be sufficient to pay the refunding bonds, and the refunding bonds shall constitute "Bonds." Each Annual Installment of an Assessment, including interest on the unpaid principal of the Assessment, shall be updated annually. Each Annual Installment shall be due when billed and shall be delinquent if not paid prior to February 1 of the following year. Failure of an owner of Assessed Property to receive an invoice for an Annual Installment on the property tax bill or otherwise shall not relieve the owner of Assessed Property of the obligation to pay the Assessment. Assessments, or Annual Installments thereof, that are delinquent shall incur Delinquent Collection Costs. SECTION VII: ASSESSMENT ROLL The Assessment Roll is attached as Exhibit F. The Administrator shall prepare and submit to the City Council for review and approval, proposed revisions to the Assessment Roll and Annual Installments for each Parcel within the Assessed Property as part of each Annual Service Plan Update. SECTION VIII: ADDITIONAL PROVISIONS A. Calculation Errors If the owner of an Assessed Property claims that an error has been made in any calculation required by this 2022 A&R SAP, including, but not limited to, any calculation made as part of any Annual Service Plan Update, the sole and exclusive remedy of the owner of Assessed Property shall be to submit a written notice of error to the Administrator by December of each year following City Council approval of the calculation; otherwise, the owner shall be deemed to have unconditionally approved and accepted the calculation. Upon receipt of a written notice of error from an owner the Administrator shall provide a written response to the City Council and the owner within 30 days of such referral. The City Council shall consider the owner's notice of error and the Administrator's response at a public meeting, and within 30 days after adjourning such meeting, the City Council shall make a final determination as to whether an error has been made. If the Northwest Passage PID SAP 13 City Council determines that an error has been made, the City Council shall take such corrective action as Is authorized by the PID Act, this 2022 AM SAP, the applicable Assessment Ordinance, or the applicable Indenture, or is otherwise authorized by the discretionary power of the City council. The determination by the City Council as to whether an error has been made, and any corrective action taken by the City Council, shall be final and binding on the owner and the Administrator. B. Amendments Amendments to this 2022 A&R SAP must be made by the City Council in accordance with the PID Act. To the extent permitted by the PID Act, this 2022 A&R SAP may be amended without notice to owners of the Assessed Property: (1) to correct mistakes and clerical errors, (2) to clarify ambiguities, and (3) to provide procedures to collect Assessments, Annual Installments, and other charges imposed by this 2022 AM SAP. C. Administration and Interpretation The Administrator shall: (1) perform the obligations of the Administrator as set forth in this 2022 AM SAP; (2) administer the District for and on behalf of and at the direction of the City Council; and (3) Interpret the provisions of this 2022 AM SAP. Interpretations of this 2022 AM SAP by the Administrator shall be in writing and shall be appealable to the City Council by owners of Assessed Property adversely affected by the interpretation. Appeals shall be decided by the City Council after providing an opportunity for all interested parties to be heard at a public meeting of the City Council. Decisions by the City Council shall be final and binding on the owners and developers and their successors and assigns. D. Severability If any provision of this 2022 AM SAP is determined by a governmental agency or court to be unenforceable, the unenforceable provision shall be deleted and, to the maximum extent possible, shall be rewritten to be enforceable. Every effort shall be made to enforce the remaining provisions. Northwest Passage PID SAP 14 LIST OF EXHIBITS Exhibit A District Legal Description District Exhibit B Boundary Map Exhibit C Authorized Improvements Exhibit D Service Plan - Five Year Plan Exhibit E Service Plan - Sources and Uses Exhibit F Assessment Roll Exhibit G Estimated Annual Installments Exhibit N Maximum Assessment per Lot Type Exhibit I Estimated Allocation of Public Improvement Costs by Tract Exhibit J Estimated Debt Service Schedule Northwest Passage PID SAP it EXHIBIT A- DISTRICT LEGAL DESCRIPTION Tract 1(Northwest Quadrant): METES AND BOUNDS DESCRIPTION of a 476.102-acre tract located in Section 11, Block JS, Abstract 343, Lubbock County, Texas, being a portion of that 727.417-acre tract described in Volume 10351, Page 176, Official Public Records of Lubbock County, Texas (OPRLCT), said 476.102-acre tract being further described as follows: BEGINNING at a 1/2" iron rod with cap marked "HUGO REED & ASSOC" set in a West line of that 17.40-acre street right-of-way dedication as described in County Clerk File Number (CCFN) 2012043729, OPRLCT, having a grid coordinate of N-7289808.60, E-926282.74, Texas Coordinate System of 1983, North-Central Zone, which point bears N. 88°14'14" W. a distance of 548.88 feet from a broken nail found at the common comer of Sections 11, 6, and 5, all in Block JS, and Section 14, Block A, Lubbock County, Texas; THENCE N. 88014'14" W, along the South line of said Section 11 and the North line of said Section 6, same being a South line of said 727A17-acre tract a distance of 2580.70 feet to a 1/2" iron rod found at the Southeast comer of that property conveyed to Elizabeth Montalvo in Volume 6202, Page 313, OPRLCT and a comer of said 727.417-acre tract; THENCE N. 01043'S3" E., along a line of said 727A17-acre tract and an East line of said Montalvo property, at 50.00 feet pass the North right-of-way line of Ursuline Street as described in Volume 1213, Page 346, OPRLCT, continuing for a total distance of 625.08 feet to a metal fence post found at a comer of said 727A17-acre tract and the most Easterly Northeast comer of said Montalvo property; THENCE N. 88013'31" W., along a line of said 727.417-acre tract and a North line of said Montalvo property a distance of 2204.98 feet to a metal fence post found at a comer of said 727A17-acre tract and an "ell" comer of said Montalvo property; THENCEN. 01047'44" E., along a line of said 727.417-acre tract and an East line of said Montalvo property and the East lines of those tracts described in Volume 8455, Page 307, Volume 4150, Page 74, and Volume 4150, Page 76, OPRLCT, a distance of 2014.64 feet to a fence post found in the South line of that 14.809- acre tract described in Volume 9594, Page 191, OPRLCT, at an "ell" comer of said 727.417-acre tract; THENCE S. 88°14'37" E., along a line of said 727A17-acre tract and the South line of said 14.809- acre tract a distance of 796.21 feet to a 1/2" iron rod with cap (Newton) found at a comer of said 727A17-acre tract and the Southeast comer of said 14.809-acre tract, THENCE N. 01043'22" E., along a line of said 727.417-acre tract and the East line of said 14.809- acre tract a distance of 369.94 feet to a 1/2" iron rod with cap (Newton) found at a comer of said 727A17-acre tract and the Northeast comer of said 14.809-acre tract; A-1 Nordrvvest Passage PID SAP 16 THENCE N. 88914'23" W., along a line of said 727.417-acre tract and the North line of said 14.809-acre tract, at 1682.32 feet pass the East right-of-way line of Frankford Avenue (FM 2528) as described in Volume 1012, Page 465, OPRLCT, continuing for a total distance of 1742.32 feet to a cotton spindle found in the West line of said Section 11, at a comer of said 727.417-acre tract and the Northwest comer of said 14.809-acre tract; THENCE N. 01044'18" E., along the West line of said Section 11 and a West line of said 727.417- acre tract a distance of 2269.05 feet to a cotton spindle found at the Northwest comer of said Section 11 and the Northwest comer of said 727.417-acre tract, THENCE S. 88005'04" E., along a North line of said 727.417-acre tract and the North line of said Section 11 a distance of 2080.26 feet to a 40-penny nail found at a comer of said 727.417-acre tract and the Northwest comer of that 5-acre tract described in Volume 7040, Page 170, OPRLCT; THENCE S. 01055'34" W., along a line of said 727.417-acre tract and the West line of said 5-acre tract, at 50.00 feet pass the South right-of-way line of Kent Street as described in Volume 1012, Page 563, OPRLCT, continuing for a total distance of 926.74 feet to a 3/8" iron rod found at the Southwest comer of said 5- acre tract and a comer of said 727.417-acre tract, THENCE S. 88003'33" E., along a line of said 727.417-acre tract and the South line of said S-acre tract a distance of 234.68 feet to a 1/2" iron rod with cap (RPLS 4579) found at the Southeast comer of said 5-acre tract and a comer of said 727.417-acre tract, THENCE N. 01056'30" E., along the East line of said 5-acre tract and a line of said 727.417-acre tract, at 876.85 feet pass the South right-of-way line of said Kent Street, continuing for a total distance of 926.85 feet to a 60-penny nail found in the North line of said Section 11 and a North line of said 727.417-acre tract at the Northeast comer of said 5-acre tract; THENCE S. 88005'04" E., along the North line of said Section 11 and a North line of said 727.417- acre tract a distance of 819.69 feet to a concrete nail found In the Southwesterly right-of-way line of U.S. Highway 84 (Clovis Road) at a comer of said 727.417-acre tract; THENCE S. 01°S7'08" W., along said Southwesterly right-of-way line and a line of said 727.417- acre tract a distance of 50.00 feet to a 1/2" iron rod with cap (Newton) found; THENCE S. 77'32'31" E., continuing along said right-of-way and a line of said 727.417-acre tract a distance of 283.34 feet to a concrete right-of-way marker found, THENCE S. 58011'23" E., continuing along said right-of-way and a line of said 727.417-acre tract a distance of 1353.47 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" found in the West right-of-way line of Slide Road, same being the West line of said 17.40-acre tract, THENCE Southeasterly, along said right-of-way line, along a curve to the left, said curve having a radius of 1575.00 feet, a central angle of 61023'03", a chord bearing of S. 00016'32" E., a chord distance of 1607.84 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" found at a point of tangency; A-2 Northwest Passage PID SAP 17 THENCE S. 30058'04" E., continuing along said right-of-way line a distance of 534.62 feet to a 212" iron rod found at a point of curvature, THENCE Southeasterly, continuing along said right-of-way line, along a curve to the right, said curve having a radius ofl425.00 feet, a central angle of 32°18'04", a chord bearing of 5.14°49'02" E., a chord distance of 792.76 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" found at a point of tangency; THENCE S. 01°20'00" W., continuing along said right-of-way line a distance of 1180.93 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" found at a point of intersection; THENCE S. 04°11'44" W., continuing along said right-of-way line a distance of 200.25 feet to a 112" iron rod with cap marked "HUGO REED & ASSOC" found at a point of intersection; THENCE S. 01°20'00" W., continuing along said right-of-way line a distance of 208.00 feet to a 112" iron rod found at a point of intersection; THENCE S. 46°3253" W., continuing along said right-of-way line a distance of 42.27 feet to a 112" iron rod with cap marked "HUGO REED & ASSOC' found at a point of intersection in the North right-of-way line of Ursuline Street; THENCE N. 88014'14" W., continuing along said right-of-way line a distance of 397.10 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" set for a point of intersection; THENCE S. 01°4546" W., continuing along said right-of-way line, at 5.00 feet pass the North right-of-way line of Ursuline Street as described in Volume 2213, Page 346, OPRLCT, continuing for a total distance of 55.00 feet to the Point of Beginning. Bearings relative to the Texas Coordinate System of 1983 (2011) Epoch 2010.0, North-Central Zone. Distances and areas are surface, U.S. Survey Feet. Tract 2 (Northeast Quadrant): METES AND BOUNDS DESCRIPTION of a 230.125-acre tract located in Sections 11, Block JS, Abstract 343, and Section 14, Block A, Abstracts 861 and 1332, Lubbock County, Texas, being a portion of that 727.417- acre tract described in Volume 10351, Page 176, Official Public Records of Lubbock County, Texas (OPRLCT), and a portion of that 286.14-acre tract described in Volume 10351, Page 283, OPRLCT, said 230.125-acre tract being further described as follows: BEGINNING at a 1/2" iron rod with cap marked "HUGO REED & ASSOC" set in an East line of that 17.40- acre street right-of-way dedication as described in County Clerk File Number (CCFN) 2012043729, OPRLCT, having a grid coordinate of N-7289776.71, E-927306.98, Texas Coordinate System of 1983, North-Central Zone, which point bears S. 88°1141" E. a distance of476.10 feet from a broken nail found at the common corner of Sections 11, 6, and 5, all in Block JS, and Section 14, Block A, Lubbock County, Texas; A-3 Northwest Passage PID SAP is THENCE N. 01*48' 19" E., along an East line of said 17.40-acre tract, at 50.00 feet pass the North right-of- way line of Ursuline Street as described in Volume 1213, Page 346, OPRLCT, continuing for a total distance of 55.00 feet to a 112" iron rod with cap marked "HUGO REED & ASSOC" set for a corner of said 17.40-acre tract in the North right-of-way line of Ursuline Street; THENCE N. 85°19'S6" W., along said right-of-way line a distance of 200.25 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" set for a point of intersection; THENCE N. 88°31'41" W., continuing along said right-of-way line a distance of 208.00 feet to a 112" iron rod with cap marked "HUGO REED & ASSOC" found at a point of intersection; THENCE N. 43025'50" W., continuing along said right-of-way line a distance of 42.60 feet to a "crow's foot" chiseled in concrete for a point of intersection in the East right-of-way line of Slide Road, same being the East line of said 17.40-acre tract, THENCE N. 01°20'00" E., along said right-of-way line a distance of 2580.17 feet to a 112" iron rod with cap marked "HUGO REED & ASSOC" set for a point of curvature; THENCE Northwesterly, continuing along said right-of-way line, along a curve to the left, said curve having a radius of 1575.00 feet, a central angle of 32018'04", a chord bearing of N. 14°49'02" W., a chord distance of 876.21 feet to a 112" iron rod with cap marked "HUGO REED & ASSOC" found at a point of tangency; THENCE N. 30°58'04" W., continuing along said right-of-way line a distance of 534.62 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" found at a point of curvature; THENCE Northwesterly, continuing along said right-of-way line, along a curve to the right, said curve having a radius of 1425.00 feet, a central angle of 44°23'25", a chord bearing of N. 08046'22" W., a chord distance of 1076.62 feet to a 2/2" iron rod with cap marked "HUGO REED & ASSOC" set for a point of intersection; THENCE Northeasterly, continuing along said right-of-way line, along a curve to the right, said curve having a radius of 1478.85 feet, a central angle of 0605441", a chord bearing. of N. 20*13 '30" E., a chord distance of 178.28 feet to a 112" iron rod with cap marked "HUGO REED & ASSOC" found at a point of intersection; THENCE Northeasterly, continuing along said right-of-way line, along a curve to the right, said curve having a radius of 1415.00 feet, a central angle of 09038'59", a chord bearing of N. 25°26'03" E., a chord distance of 238.03 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" found in the Southwesterly right-of-way line of U.S. Highway 84 (Clovis Road), in a Northerly line of said 727.417-acre tract, THENCE S. 58011'34" E., along said Clovis Road right-of-way line and a Northerly line of said 727.417-acre tract a distance of 644.87 feet to a 1/2" iron rod with cap marked "HUGO REED & A-4 Northwest Passage PID SAP 19 ASSOC" found in the East line of said Section 11 and the West line of said Section 14, at a comer of said 727.417-acre tract THENCE S. 01045'00" W., along the East line of said Section 11 and the West line of said Section 14 and a line of said 727.417-acre tract a distance of 1447.24 feet to a 112" iron rod with cap marked "HUGO REED & ASSOC" set for a comer of said 727.417-acre tract, THENCE S. 88°11'29" E., along a line of said 727.417-acre tract a distance of 1696.26 feet to a 5/8" iron rod found at a comer of said 727.417-acre tract; THENCE S. 01°50'26" W., along a line of said 727.417-acre tract a distance of 333.98 feet to a 112" iron pipe found at a comer of said 727.417-acre tract; THENCE S. 88°08'32" E., along a line of said 727.417-acre tract a distance of 311.55 feet to a chain -link fence post found at a comer of said 727.417-acre tract; THENCE S. 55°08'25" E., along a line of said 727.417-acre tract a distance of 3142.70 feet to a 112" iron rod with cap marked "HUGO REED & ASSOC" found at the Northwest plat limits of Tract "A", LP&L Northwest Substation Addition as recorded in CCFN 2008042914, OPRLCT; THENCE S. 01048' 11" W., along said West plat limits, at 541.59 feet pass the North right-of-way line of Ursuline Street as described in Volume 1213, Page 346, OPRLCT, continuing for a total distance of 59159 feet to a 112" iron rod found in the South line of said Section 14 and the South line of said 727.417-acre tract at the Southwest plat limits comer of said Tract "A" and the Southeast comer of this tract; THENCE N. 88011'41" W., along the South line of said Section 14 and the South line of said 727.417-acre tract a distance of 4164.33 feet to the Point of Beginning. Bearings relative to the Texas Coordinate System of 1983 (2011) Epoch 2010.0, North-Central Zone. Distances and areas are surface, U.S. Survey Feet. Tract 3 (Southwest Quadrant, excluding portion in the North Pointe PID): METES AND BOUNDS DESCRIPTION of a 318.340-acre being a portion of that 160.139-acre tract located in Section 6, Block JS, Abstract 1492, Lubbock County, Texas, described in Volume 9785, Page 28, Official Public Records of Lubbock County, Texas (OPRLCD, and a portion of that 153.864-acre tract located in Section 6, Block JS, Lubbock County, Texas, Abstract 1516, described in County Clerk File Number (CCFN) 2006043021, and that tract located in said Section 6 described in Volume 10263, Page 222, OPRLCT, and a portion of that 303.29-acre tract located In Section 5, Block JS, Lubbock County, Texas, Abstract 346, described in Volume 10016, Page 135, OPRLCT, said 318.340-acre tract being further described as follows: BEGINNING at a 112" iron rod with cap marked "HUGO REED & ASSOC" set for a point of intersection in the South right-of-way, line of Ursuline Street, same being a line of that 17.40-acre street right-of-way dedication as described in CCFN 2012043729, OPRLCT, having a grid A-5 Northwest Passage PID SAP 20 coordinate of N-7289731.09, E-926687.46, Texas Coordinate System of 1983, North-Central Zone, which point bears N. 88014'14" W. a distance of 140.88 feet and S. 01°4S46" W. a distance of 65.00 feet from a broken nail found at the common comer of Sections 11, 6, and S, all in Block JS, and Section 14, Block A. Lubbock County, Texas; THENCE S. 43027'07" E., along a line of said 17.40-acre tract a distance of 42.59 feet to an "X" chiseled in concrete set for a point of intersection in the West right-of-way line of Slide Road; THENCE S. 01°20'00" W., along said West right-of-way line a distance of S74.41 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC' found at a point of curvature; THENCE Southeasterly, continuing along said right-of-way line, along a curve to the left, said curve having a radius of 1575.00 feet, a central angle of 30031'25", a chord bearing of S.13°55'42" E., a chord distance of 829.17 feet to a 1/2" Iron rod with cap marked "HUGO REED & ASSOC' set for a point of tangency; THENCE S. 29"11'25" E., continuing along said right-of-way line a distance of 179.80 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" set for a point of curvature, THENCE Southeasterly, continuing along said right-of-way line, along a curve to the right, said curve having a radius of 1425.00 feet, a central angle of 30°57'31", a chord bearing of S.13°42'39" E., a chord distance of 760.64 feet to a 1/2" iron rod found at a point of tangency; THENCE S. 01°46'06" W., continuing along said right-of-way line a distance of 336.59 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" set in the North line of a 20-foot alley dedicated by plat of Lots 535-707, North Pointe Addition to the City of Lubbock as recorded in CCFN 2006045605, OPRLCT; THENCE N. 88°08'27" W., along the North line of said alley a distance of 228.93 feet to a 1/2" iron rod with cap marked "HUGO REED & AMC" set for a point of intersection; THENCE N. 43°08'27" W., continuing along the North line of said alley a distance of 14.14 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" set for a point of intersection; THENCE N. 88°08'27" W., continuing along the North line of said alley a distance of 56.00 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" set for a point of intersection; THENCE S. 46°51'33" W., continuing along the North line of said alley a distance of 14.14 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" set for a point of intersection; THENCE N. 88°08'27" W., continuing along the North line of said alley a distance of 110.10 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" found at a point of intersection in the West line of said Section 5 and the East line of said Section 6, THENCE N. 88009'S8" W., continuing along the North line of said alley a distance of 709.89 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOCV set for a point of intersection, A-6 Northwest Passage PID SAP 21 THENCE N. 43°09158" W., continuing along the North line of said alley a distance of 24.14 feet to a point of intersection; THENCE N. 88009'S8" W., continuing along the North line of said alley a distance of 52.00 feet to a point of intersection THENCE S. 46°50'02" W., continuing along the North line of said alley a distance of 14.14 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" set for a point of intersection; THENCE N. 88°09'S8" W., continuing along said alley line a distance of 539.58 feet to a point of Intersection in the West plat limits of said North Pointe Addition and the East plat limits of Lots 192-290 and Tracts C and D, Lynnwood Addition to the City of Lubbock as recorded in Volume 9847, Page 139, OPRLCT; THENCE N. 01-36'04" E., along the East plat limits of said Lynnwood Addition a distance of 49.77 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" found in the South line of said 153.864-acre tract at the Northeast comer of the plat limits of said Lynnwood Addition; THENCE N. 88001'32" W., along the North plat limits of said Lynnwood Addition a distance of 1325.36 feet to a "MAG" nail with shiner (AMD) found at the Northwest comer of said plat limits, at the Southwest comer of said 160.139-acre tract and the Southeast comer of said 153.864-acre tract; THENCE N. 88*05'46" W., along the South line of said 153.864-acre tract, at 1320.00 feet pass a 1/2" iron rod found, continuing at 2130.37 feet pass the Northeast comer of Tract "A", Broadview Baptist Church Addition as recorded in Volume 1685, Page 894, OPRLCT, continuing along the North line of said Tract "A" for a total distance of 2579.92 feet to a 1/2" iron rod found in the East right-of-way line of Frankford Avenue (FM 2528) at the Southwest comer of said 153.864-acre tract and the Southwest comer of this tract; THENCE N. 01°56'10" E., along said East right-of-way line and the West line of said 153.864- acre tract a distance of 2573.17 feet to a 1/2" iron rod found in the South right-of-way line of Ursuline Street as described in CCFN 2011027661, OPRLCT, at the Northwest comer of this tract; THENCE S. 88"14'14" E., along the South right-of-way line of said Ursuline Street, at 2285.20 feet pass the West line of that tract described in Volume 10263, Page 222, at 2580.37 feet pass the East line of same tract and the West line of said 160319-acre tract, continuing for a total distance of 4671.95 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOV set for a point of intersection; THENCE S. 85022'29" E.J. continuing along said right-of-way line a distance of 200.25 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" set for a point of intersection; THENCE S. 88°14' 14" E., continuing along said right -of --way line a distance of 208.00 feet to the Point of Beginning. A-7 Northwest Passage PID SAP 22 SAVE & EXCEPT: Any portion of Tract 3 located in Section 5, Block JS, Lubbock County, Texas, Abstract 346, described in Volume 10016, Page 135, OPRLCT that is also currently located in the North Pointe PID. Bearings relative to the Texas Coordinate System of 1983 (2011) Epoch 2010.0, North-Central Zone. Distances and areas are surface, U.S. Survey Feet. Tract 4 (Small strip adjoining Southwest Quadrant): All of the portion of Tract S described in the Deed to Petitioner filed in CCFN 2021019386, OPRLCT not currently located in the North Point PID (for further clarification, this tract is generally described as a strip located north of, and adjacent to, the alley north of Marshall Avenue, adjacent to Tract 3 described above.) Hordw t Passage PID SAP 23 EXHIBIT B - BOUNDARY MAP Northwest Passage PID SAP 24 EXHIBITC—AUTHORIZED IMPROVEMENTS Drainage (Includes Soft Costs, Contini[encv and Proiect Man, I D3sdld fonmation and Bond /ssuonce Costs Debt Service Reserve Fund _Capitalized Interest _ _ Underwriter Discount _ Cost of Issuance _ 200,000---1 200,000 --.---- — - -- 250,000 �- - - i 25Q000 450,0001 i 450,000 41,27S,434 I 25.28% n,435,000 Eoomotes: 131 Casts albcatrd based on estimated buUdout value, we Exhibit M for calculation of allocation percentages. These are estimates ordy. They will change. Northwest Passage PID SAP 25 EXHIBIT D - SERVICE PLAN - FIVE YEAR PLAN Fiscal Year FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 202&2M Annual Installments Due 3 23 1 3 2024 1/3 2025 1/3 2026 1/3 202k2-O-2-8Princi al $ _ _ _ 00 Interest _ _ - Total Debt Service _ 733,965 Annual Collection Costs 8,647 20,000 20,400 20,808 21,224 21,649 Additional Reserve - 232,385 513,997 804,152 956,521 379,553 Total Annual Installment $ 8,647 252,385 534,397 824,960 977,745 1,135,168 Future years are estimates only. Northwest Passage PID SAP 26 EXHIBIT E - SERVICE PLAN - SOURCES AND USES SOURCES Bond Par (b) Premium Owner Contribution (a) TOTAL SOURCES IMPROVEMENT Improvement Project Costs of Issuance Underwriters Discount Capitalized Interest Reserve Fund TOTAL USES (a) Non -reimbursable to Owner $ 20,435,000 30,840,434 $ 41,275,434 $ 40,825,434 250,000 200,000 $ 41,275,434 (b) The Owner is only entitled to reimbursement for the Actual Costs of the Authorized Improvements in an amount equal to $10,435,000 The above are estimates only. SUMMERLYN WEST 2020 A&R SAP 27 EXHIBIT F -ASSESSMENT ROLL Tax Ref ID No. R342383 1 ValLie 3,289 Percent Principal 0.1% - AnnUal Additional Interest Collection Cost Interest 5 - Installment 5 R343734 179,767 3.1% - - 270 - 270 R343735 1,126,310 19.5% 1,689 - 1,689 R63099 1,168,500 20.3% - - 1,753 - 1,753 R63214 1,273,930 22.1% - 1,911 - 1,911 R66307 1,030,700 17.9% - 1,546 - 1,546 R82421 211,744 3.7% 318 - 328 R82485 770,600 13.4% - - 1,156 - 1,156 5,764,840 100% - 8,647 - 8,647 SUMMERLYN WEST 2020 A&R SAP 28 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 365,000 380,000 390,000 410,000 420,000 435,000 455,000 470,000 485,000 505,000 520,000 540,000 560,000 580,000 600,000 620,000 640,000 665,000 685,000 EXHIBIT G - ANNUAL INSTALLMENTS 368,965 355,966 342,507 328,572 314,145 299,208 283,742 267,730 251,152 233,987 216,215 197,815 178,765 159,041 138,619 117,475 95,584 72,919 49,452 8,647 20,000 20,400 20,808 21,224 21,649 22,082 22,523 22,974 23,433 23,902 24,380 24,867 25,365 25,872 26,390 26,917 27,456 28,005 28,565 29,136 29,719 30,313 30,920 232,385 513,997 804,152 956,521 379,553 500,627 611,050 632,125 664,335 682,112 695,825 715,446 736,071 752,735 775,415 794,208 815,287 141,544 166,269 (14,101) 5,475 21,594 44,256 8,647 252,385 534,397 824,960 977,745 1,135,166 1,258,674 1,366,081 1,393,671 1,421,913 1,440,222 1,458,947 1,478,044 1,497,588 1,517,594 1,538,019 1,558,941 1,S81,508 9081589 933,453 752,521 770,778 789,826 809,628 L 1U,435,UUU 4,297,013 617,084 11,690,467 27.039.565 (a) Interest is calculated at the rate of the Bonds. (bl Annual Collection Costs estimated to escalate 2.00% annually. Note: The figures shown above are estimates only and subject to change in Annual Service Plan Updates. Changes In Annual Collection Cosh reserve fund requirements. Interest earnings, or other available offsets could Increase or decrease the amounts shown. NORTH Y EST PASSAGE PID2=A&RSAP 29 EXHIBIT H - MAXIMUM ASSESSMENT PER LOT TYPE WMTW I M PASSAGE A3R SAP 30 EXHIBIT I - ALLOCATION OF PUBLIC IMPROVEMENT COSTS Kesiaemiai Tract 1 - Tom? 4,4001 _ 9 ii �-(466t- - 293,867 1,293,014,o01 I 2,5815,028111 137,059,484� i 100.0% $ 0.2% 1o.6% 3,348.18 1,473.20 78,079`67 $ 14,732A33.06 29,464.03 i,561,593 38 Tract 3 - - - 22 '- . _ -- _ 6,4%,070 1 I _ rt--- 0.5% 3,683 00 73,660.07 — Tract 4 --- --_- 1034 - - -- _- 303,858-290290 23 5%f 173,10L15 3,462,023.07 - Tract 5 Tract 6 ' 1.0971 ---- I 319,374,4581 I ------_267.653,89v3— 24.7% --20.7% — 181,94a36 3,638,807.23 -1----- 911 -------------- _ 152,476.34 3,049,526670 - - Tract 7 Tract 8 189 682 1- - i 55,599,602 ! - - - -T - - 4� 31,673 83 633,476.56 200 417170 15 12-4,173.10 2 2M 462 02 • Assessment is $0.15 per $100 valuation so each lot will have a different assessment based on value. The assessment rate could be lower in later years. This is a projection and can change each yearwhen the Service and Assessment Plan is updated. The total estimated assessment is based on 20years and an average amount for each lot. The actual will be different. NORTHNIEW PASSAGE A&R SAP 31 EXHIBIT J - BOND DEBT SERVICE SCHEDULE TAX & WW SYSTFMSI3ltPLLB RLV CO BDS, Series 2027 Dated Date: TOD $10,435,000A0 NORTHWEST PASSA(EPID FISCAL TOTAL YEAR PRINCIPAL IIVTFREST R_BQURE ENTS 2027-29 365,000.00 368,964.54 733,964.54 2028-29 390,000.00 355,965.53 735,965.53 2029-30 390,000.00 342,506.99 732,506.89 2030-31 41Q000.00 328,572.38 738,572.38 2031-32 420,000.00 314,145.17 734,145.17 2032-33 435,000.00 299,207.83 734,207.83 2033-34 455,000.00 283,742.34 738,742.34 2034-35 470,000.00 267,730.01 737,730.01 2035-36 485,000.00 251,151.51 736,151.51 2036-37 505,000.00 233,986.82 738,986.82 2037 38 520,000.00 216,215.22 736,215.22 2038-39 540,000.00 197,815.24 737,815.24 2039-40 360,000.00 173,764.67 738,764.67 2040641 580,000.00 159,040.50 739,040.50 2041-42 600,000.00 13018.92 738,618.92 2042-43 620,000.00 117,475.26 737,475.26 2043-44 640,000.00 95,594.00 735,584.00 2044-45 665,00000 72,918.70 737,91&70 2045-46 685,000.00 49,451.99 734,451.99 2046.47 71%000.00 25,155.54 735,155.54 $ 10,435,000.00 S 4,297,013.06 S 14,732,013.06 This is an estimated debt schedule only. It will change once debt has been issued. NORTNWEST PASSAGE AM SAP 32