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HomeMy WebLinkAboutOrdinance - 2023-O0100 - 2023 Assessment Rate Northwest Passage PID - 09/12/2023First Reading August 22, 2023 Item No. 7.8 ORDINANCE NO. 2023-00100 Second Reading September 12, 2023 Item No. 5.11 AN ORDINANCE REVIEWING CLASSIFICATION 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 ASSESSMENT ROLL; CLOSING THE HEARING AND LEVYING 2023 ASSESSMENTS FOR THE COST OF CERTAIN SERVICES AND IMPROVEMENTS TO BE PROVIDED IN THE llISTRICT DURING FY 2023-24; FIXING CHARGES AND LIENS AGAINST THE PROPERTY IN THE DISTRICT AND AGAINST THE OWNERS THEREOF; AND PROVIDING FOR THE COLLECTION OF THE ASSESSMENT WHEREAS, Chapter 372 of the Texas Local Government Code (the "Act") allows for the creation of public improvement districts; and WHEREAS, through Resolution No. 2021-R0363 the City Council of the City (the "Council") attached hereto as Exhibit A, which made certain findings concerning the advisability of creating the Northwest Passage Public Improvement District (the "District"), authorized and created the District as a public improvement district under the Act, designated the Lubbock City Council as the entity responsible for the management of and provision of services and improvements to the District; and, created the initial advisory board for thc PID; and WHE1tEAS, On November 1, 2021, the City Council passed Ordinance No. 2021-00152, approving the Service and Assessment Plan (the "Plan), which will be reviewed and revised each year when necessary. The amended 2023 Service and Assessment Plan (the "Plan") for the District is attached hereto as "Exhibit B;" and WHEREAS, the Act requires that the City Council review the Plan; prepare a proposed assessment roll (the "Roll") and file it with the City Secretary; and schedule a public hearing to consider the proposed assessments and receive public comment on an annual basis; and WHEREAS, after published and mailed notice of the hearing, pursuant to the Act, a public hearing was held August 22, 2023, to consider objections to the proposed assessments. The City Council closed the public hearing after receiving property owner's concerns and comments (both oral and written) on proposed 2023 assessments within the District and acted on any objections to proposed assessments for particular parcels; and WHEREAS, the City desired, by the calling and holding of such public hearing, to provide a reasonable opportunity for any owner of property located in the District to speak for or against the 2023 assessment rate for a special asscssment against real property and real property improvements exclusive of public rights-of-way, to provide funding for the District for the purpose of supplemental services and improvements; and Northwest Passage PID Assessment Ordinance — 2023 (FY 2023-24) Page 1 WHEREAS, the City Council desires to review classifications and formulas for the apportionment of the costs for the services and improvements of the property in the District, and approve, adopt and file with the City Secretary the Roll which is attached hereto as Exhibit C; and WHEREAS, the City Council finds after review that the amended service plan and assessment plan are feasible and sound and will serve the needs and desires of the property owners and that the assessment rate of $0.15 per $100.00 valuation for tax years 2023 through 2027, as determined by the Lubbock Central Appraisal District, of the property or improvements to the property located in the District; are reasonable and adequate. NOW THEREFORE, BE IT 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 City Council, after review of the Plan, approves the method of assessing special benefits of services and improvements 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 2023 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 3: THAT the City Council hereby approves, adopts, and files with the City Secretary, the Assessment Roll. The Assessment 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 Assessment Roll in the official City Records. The Assessment Roll shall be subject to public inspection. SECTION 4: THAT the City Council finds that the notice of the City Council's intention to consider the proposed assessments at a public hearing on August 22, 2023 at 2:00 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°i 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 5: THAT the City Council finds that City of Lubbock staff mailed to the owners of property liable for assessment, the notice of the hearing as the ownership appears on the City tax roll. The notice contained the information required by the Act. Northwest Passage PID Assessment ordinance — 2023 (FY 2023-24) Page 2 The notice was mailed before the l Oth 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 6: 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. The City Council finds that in each case the property assessed is specially benefited by means of the said services and improvements of the District. The City Council 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. The City Council finds that the proceedings that the City has 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 7: THAT there 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 2023 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 8: 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 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 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; 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, 2024 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 (1 St) 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 (12%) 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 Northwest Passage PID Assessment Ordinance — 2023 (FY 2023-24) Page 3 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 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. Section 11: THAT the assessments herein levied are made and levied under and by virtue of the terms powers and provisions of the Public Improvement District Assessment Act, Chapter 372 of the Texas Local Government Code, as amended. Section 12: THAT the City may contract with the Lubbock Central Appraisal District or 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. AND IT IS SO ORDERED. Passed by the City Council on first reading on August 22 , 2023. Passed by the City Council on second reading on September 12 , 2023. TRAY PAYN . MAYOR Courtney Paz, Northwest Passage PID Assessment Ordinance 2023 (Fl 2023-24) Page 4 APPROVED AS TO CONTENT: Blu osteli , Chief Fin al Officer APPROVED AS TO FORM: k Aen'2 Kelli Leisure, Senior Assistant City Attorney ccdocslORD. Economic Development • Northwest Passage PID — Service Plan, Assessment Role, and Levy August 22, 2023 Northwest Passage PID Assessment ordinance 2023 (Fl 2023-24) Page 5 Resolution No. 2021-R0363 Exhibit A Item No. 8.8 September 14, 2021 RESOLUTION A RESOLUTION OF THE CITY OF LUBBOCK, 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 (50%) 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 (50%) 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 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 (15'h) 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 (15'h) 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 roil 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 (141h) 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. 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 (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. 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 l4th ATTEST: ReTekcaGarza, City Sec day of September 2021. <0-0-^-MOM C) STEVE GA , AYOR PRO TEM AP OVED AS TO ENT: Brianna Gerardi, Dire6< of siness Development APPROVED AS TO FORM: t •. K lli Leisure, Assistant City Attorney EXHIBIT 1 CITY OF LUBDOM COUNTY OF LUBBOM STATE OF TBX" f CER'I:RICATION OF SUFFICEM PNTITION I hereby caeft in the perf musam of the functions of my office, that die attached petition6 from property owners raqueatmg the City of Lubbock. establish a Public Impeovmrrat District (PID) for the proposed Northwest Passage development, has been vedfied and is sum. And, that Public Lnprovaaerrt Districts can omly be initiated by a petition of pagwW owners who meet a value feet ad an araa test, pmssrant to Texas Local Govownent Code, Sec. 372.005 (b). And, the stmuwy two test requhamm was met: (1) petition is signed by the own= of taxable ad pop" mptro aft more, lout 50% of the raised value of the taxable, real property liable for assemam by the arnent roll of dw appraisal district (August 11. MI), in the ama known as Northwest Passage, as shown on the attadted map; the petitioners own 100% of the acre within the proposed Northam Pomp PM; (2) petition must be signed by the record owners of property that cue more than 30% of do aumba of record owners or she record owmn of mare than SO% of dw seat within the PID; the petitioners own 100% of the tow am witthim the proposed Northwest Pomp PID am I Andw mdfy that I am the City Secretary of the City of Lubbock, that said dochmreOM appear of record in my office, I have IsO cudody of said record, ad that 1 sun a lawful possessor and keepw aed have legal cud* of the --.crib In said office. In witness whereof I have heannto at my hod ad atBxed the official seal of avid office the 13th day of August, 2021. OW S0111) R. JA A. - O�C RebAefflum City Smdvy City of Lubbock I.nbboek County, State of Texas of ibbock TEXAS 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 by the Financial Planning and Analysis Department and reviewed by GIS and Data Services. EXHIBIT 1 uwvwAwftwpvmA■•MMw ftv �ftl*4&u ualsm" 7 m jw7 ammimp aa, WANC AM M u1Momv no l/lAq 3m" umowAftwu MUM UMUWAMA swi sArm-m u "KIX 7m uMIOmu "m AWWNAAOtMMs IM st an uuwmmsr. Kinsfcsaf67sMl uAMIX WO Mown "m um ssooaaMW$r mal000 exismIlmamoul uJM00161X 7m Acmes A _ _ 1��� ��r•+_ ll r �_I I Ir•'r�1 _ T-M 1_: 11 i ..III III �\�i�` •.' I�rl II ..I,!r'iI Ilrl 11 r -.r i � II II Illirl�Il I I(I 1 rIIII � 1 ills EXHIBIT 1 COMPANIB8 June 28.2021 Cheryl Bw* City of Lubbock. TX PO Box 2M Lubbock, TX 79457 RE: Northwest Passage Public improvemmut Distrid Dar Mrs. Brock: Northwest Pmage is a comamrcial development within the city limits of d a City of Lubbock bound on the west by FmWord Avenue. the East by Quaker Avenue and the properties frondng on it, the North by Kew Avenue and the properties fronting on US Highway S4, and the South by the alley north of Marshall Avenue. We are proposing too cmate a Public Improvement District (PID) to maintain the public improvements for Northwest PaThis letter addrsases the mnainhrg petition �uimments from the PID Pbliam and Guidelines. 1. Assa►ance ollong-term deg and support fiam the deNalWr. The developer commits to ImS-Urm backing and support of the PID through service on the PID Advisory Hoard, a proposed contra with the PID/City for acquisition of certain lands committed to Wp ovammts, and pays at of PID assessments. 2. Proom6mfor Nomlaadon of PlD Advisory Board which will mrake retacmmemdadmir to die Cary Corona om the anal budget and lartg-tenor pim . Tim PID Advisory Board will be aominated by the property owners in the PID. by area. 3. Bemef ita of dw PID to dw mad property owners and to die City as a w�• The M will benefit the WNW property owners and the City of Lubbock by emoting a well. etmintained Tuft -use development. creation of and M&WWAM of stormwater drainage (in eoidunction with proposed City inglrovemaats of storm sower from Qaalaar Avenue to an aoceeptabk ou*B to the north or mK cmatiom of ad maintensom of grrsatapaoa, and aUmr acceptable PID improvements and expendi4pm 4. Deseripsion ojeity-owned &and wldda the dhtrke Odw than ROW and event dots fear Utilities (mad ingmVeme nts in those). there are cunuttly no city -owned penpertin within the bowies of the PID However, tle aty has ImprvMernents 446oeut to the PID, lncudiag water traattnent and an LPati.:aultlant, am 11600 Broadway St., Suits 1$00 • Lubbock. Texas 70401 • (eon) 707-MG2 • mcdouoal.e m Q EXHIBIT 1 S. Dr* PJD Oper=* budget listing cednau d operas costs, mdmV s 4" cog% mrtd trptiv�s casts.• Attadeed as Bxhibh D. 6. M propond we"af aasamse w The awassooM wiU be asseed per $loo valuation (other methods could be per square foot of the property.) 7. of adegwu deeAperIcanhactor Rabi ft Lxsr om regardipg aorasftwdM of bwMV&aerrts: Documentation of adequate liability ironnocc has been provided to the city. S. Stets mt that the petidomrs understand drat the erasers! budget, or do PID hJubject to ro *w by City Af aP d the Lubbod MY C&vt L- The property owners that have signed the attached petition are aware that the aaaud budget is subject to review by City staff and must be approved by the Lubbock City C w=dL Please let us Inrow if there is additional information wquired that has not been submitted with ties Petition. 7 h6DOUSM companies EXHIBIT i PB'iMON FOR THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT TO FINANCE IMPROVEMENTS TO NORTT!'tW "PASS4OE THE STATE OF TEXAS $ CITY OF LUBBOCK ; TO: THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF LUBBOCK: The undusiped PdkiOnm (dw "P86tiOmW" ). acting pumumt to die provisions of ( pta 372, Texas Local 0ovarnmeru Code, as amended (the "Act"), request that the Chy of Lubbock ct+dne a PWW t district (the "bidder) in the territory described in Exhibit A aged hereto (the "Land") within the City of Lubbock, Texas (the "City"), and in aWport of this plan the Petitioners would pemnt the following: 1. In compliance with the requirmnarta of Texas mda, Local Gommmaht CoSection 372.005(bk as determined by the current roll of the Lubbock Cmhtrd Appraisal Dishict, the Petitioners comstitate: (1) the owners of taxable real property representing all of the appraised value of real property liable for amemment under the proposal described horain, and (ii) there coed owners of taxable real property that com dunes all of the area of all taxable real property that is liable for aasemmaut under such proposal. of the proposed public impraverna tB is: (i) the design, oo and enaw nature � fo parks and ghrhens together with any ancillary stru cuM features or ameuldes such as playpounds, athletic faciVdM pavilions, can muWty facilities, bridges, walkways, lighting, bendhea, trash rem sad similar ltaraa located therein along with all necesmy grading, drainage and dmilar infinbucture involved in the comsdwdm of such parka and greens; landscgb , moping end in1 -ion; the dedgn, conseuction and nuh t um of water features such as lakes, ponds and &W dive Iighdog and signs: ambuction and improvement of P malls, vdhiealar bridges and lWudh Pram fie: des4A construction and kWovement of hqW desSm. combuctiom and bolmam m of community mie_7 halls or AWlmr buiIdh*%- dealgn, construction and hnpro►emert of eomuahunity mmmamcn% towem and other amaft-tnm sbm*ujK aoquWdm and hotalletion of at work; doaign, acquisition, installation and improvement of teleoommunkWon ead similar tedhnology systems; and special supplemental services as defined in the Act. wpdmr with related permits and lioease� amd (is) pgnmw of coats associated with developing and fim ==g the public hopovements listed In uMvidom (1) including coats of issuing bonds and hu ft debt service OW capitalized imta+dt meserves for such bonds and costs of establishing, aMnbft tg and operating the District. The DBtriet shall prtaritize its mpemdkd as follows: (1) design, eomstruction, maislawnco. and fimeacing for dnlegge its; then (H) design, oonetehhetion, maina mehoe I and fn financing for peek improvamm ts; then (IN) selection, ncxlWWon6 and main0en mee for public art; them (iv) all other allowable ingxovm its and related . sl0000000. ftA h1wW rAffs —aloft. a EXHIBIT 1 firdaL . The proposed bomhdaries of the Dishict are described on AOWMI AddR QfMMUBMl, An essemmut methodokw will be prepoW list Will oddness (1) bow the costa of the public Wpovemem SOMW with flee mmummb are awed against the property in the Diatniot. (ii) the =mmem to be collected each ym. (iii) Povisions providing for the anent of the =Wmmm at the ovion of the owner of any pmel. (iv) der raallocadon of the apt on the aabdivisiam of a pa mi, and (v) reduction of the assOMMMO forcosta UviUP (puMantto dWannual mviewofthe service Plan. fordo Diatriot) and mpaynhend of bonds issued to finance the public hapove imam, Addidondly, a report will be prepared Wwwin.g die special benefits mauing to property in the District and how the costa of tine PI imPwnmeats one assessed to property on the basis of the special benmfitS. The result will be that equal shares of the oasts will be imposed on property similarly benwflte& In assessing the coats of the public hmprove010% property will be classified based an the use of the public hnprovementa. For fie. lush home: may generate more use of the public bWcv' -1 -11 than i"Icr homes. Accordingly, these may be a classier of property on the balk oftlha Wzc or type of bonM that may be built on a parcel. Casts may also be assessed on the bads of the value of die pwpwty, or on a combination of sir or type of horses and velum of Property. Property may also be clamified on the bons of the ration of the property within. the DiSWck ifsom secdons of the District receive more public improvements or public impro�enb of greater cost thm other sections of the Dishict. The assesnn.ent methodology will mutt in !h pmd paying its fair gu ne of the com of ts the public impnoverhmnprovided with the mmumm based on the Special benefits received by the property from the Public hapeovemmts and property equally d mted paying equal shares of the costs of the public irrhpr+ovanaento. be obligated to provide any fW* to finmoe the The City will net Of the proposed public improves will be o�' All of the oases property within the DiNrict arid fiom other S=M of f mdIs If says available to the die +eloper of the Land. Section 7. of ft OLMULot. To the extent allowed by law, the City may conbsu,' with either a non-profit, or a f 4nofit arMnindIM including a Public Facilities Collmstion created by the city pursumt to C3hspter 303, Tames Local 00vadmant Coda to carry out all or a part of the reeponsibhlities of among tba District, ihuhKUM the day-to.dey a men.t and of the Distrim L Adviaory bo rd. An Wvisory board will be established to develop and reed am impnov mM plan >b the City Council of the City (do "City Cowed'). The PhD Advisoq Board will be mmimW by the property owners In the MD, by area, and ry raved by rho City Council. This petition will be filed with tiro City Seaem y in support of the Cmdon of the Distcld by the City Council as herein provided. [Sigoatum on following "r) Mak ,«ermWh"hm ,ucoma-ftdit EXHIBIT 1 NW E&s Po oje4 LLC a Texas lboW liability compmy & pads for Nllll" EXHIBIT 1 THE STATE OF TEXAS COUNTY OF LUBBOCK On this, the day of W 2021, before me, the undersign Notary Public, 1 1.v appeared d)oudal No N dt mcclowova, who acknowledged that they m+e the sots membom and Managers of NWp B" Pndedt LLC, and that tbkey, is such a paity, being duly authorized so to do, eoce A ted the foregoing petition for the p ugxms dwein oonWmd by signing their names in such capacity. 114 WITNESS WHEMOF,1 !rove hereunto set dry hadd and of ieW seal. L�..�'' :•ram �.� ;� .�, .�. 0011 A Combs com so v 1 1041-ml AchrtowPdr for Pefltl" EXHIBIT 1 ETA MoLaad IARM AND 8OUI4 Dl30QtiPi'ION ofa 476�iaQ-�ons�at loomed is 8eodon 11� Stook 18r Ab*M 34k% kCO", Team, behtg a Pa" of dirt 727Ai7.a n boot dmdbed in VoluW [Onto Pqp 176, OfAd d PON* Rewh of Lutbook CmVy, Te (OPRLCI) edd 4M02-mmbMb*#tAIbwdmodbsduhAwm Bata IMkmmdV46UP01 6MMWRMAASSOC"adInaWeeramof dwi 17AO4mn 201202,ihaet duosaadesocUtedIsO�tmbNambe(CCN 0 Sdaoa of N-72"808^ &93M740 Tenant dhimoo atS48.8ahel8ematbedaeimlg eomtaoetoo=nofS6°14'W.a A and Seoldm 14, BodcA, Lubbock Coa *s Teom% •6r S, ap inBlock 7HEMM It N°14.14" W, do% the Sow& one of aid 8aotlos I l and t&e Iamb Noe of mM No" 6 Ow b ft a &M& Sae of add 7VA17-WO depot a di:k= ot2SS0.70 het to a III"hmnd hrmd stda8oahemoomwottope ",I oow*WWto Mon%bo in Vdmsa 6202, Pop 313, OPRLCr cod aoa:eer ofaid 737A17-acre uo4 THERMN.01.43'530Bpdooga8matadd727A174 oeettatandashestHmofaidvAmbivo psopetar,at50.00 hdpm*sNodhr0m.a61-1- liaeotumwfiw 8trsetaderodbed b V*ko Page 1213, 346, OPRLCr, � ht a total dimmoe of MA1 Act to a meld fenoa port hmd at s oorme of aid 727-417-an "at ad the mod y )Ijd eatr aamw of aid mamblvo peope:gr; TMNC8 K WIT310 W., dw4l a ljm of said 717.417-acre tact ad a Now 1&te of old bbsb vv FOPOO ► a dlep of 1204." Del to a meost hme poet Anad at a oomner of edd 727A174ore boot and an W cower of add bbatatvo plop*; T HMM K Ol %r4C L. doog a tloe otadd 727.417-,. tact asd as B.8na atasdd,,.,. p lowtj ad do &et ihm o[fto taste dwdbed in Vobaae S4SS, Ptlge 307, Votams 4130, le74, and d Vahm 415%Pop 76, OPRLCT,adittraoaof20t4A4 Stette ahaoaporthmtd is 90 8001bliaaot9W 14AP-aotatraddwodbed is Volmee"K hp 191, OPRId.7, atala" omw of add 727A17-aere teeo8 TLLWMLi I-V37"B.,ataRaHmotddd927Ai7.nmt mm ddw$ou &Bafsadd14.g- aloeebaet a & man af79Ul hw to a 1/2" hoa rod rr np ¢ ) iamb ata ossrtae ofatd 727A17-un ikM and dte Sow ooetter etadd 14AO9.mn 104 THMMN.OIMWL.aU=afmM727AI7-smummdgwBMgm,ofnMl4A96 an taaetadklmoe 6069.94 hatto a JW deonrodvA&@*(ldra4 W hand at soomarafadd 717A17-am+e the Noel ow ao m atadd 14.,01.am am% A-1 EXHIBIT 1 1ipa M K SM4923" W., ato,I a Bne of add MAP-&= am ad *e Nm& Nae of acid 14.809-ima but, d 1SMM hd pm die But dgbtv&wW Rae of FvmkW Av� OW 23M aedeaoebedhivskm 1012,A0e465,OpRLCr. fbratotddegm�oeod 1742.32 toagM atmeapd wbl ,L inure Wiat Bne afadd 8atioa !i, ata oamw*fadd 727A174wftw anddbpertooenerofadd 14.809anetft% UMCEN.01°4iPlrLodon$do WeatBueafaddgeodm 11 anda Wa dVwofaedd727A17- aoae ftd a dbtenoe of 2169AS hg to a cottongpjm&hjmdgtdwNwdmW@MwQr@dd Soda it aaddoNaethaaatonow Gfadd 727A17-#m*v=% 8.86°OSB�'8,alooHaNaefblimoota�1727.417•ap�elaotavddbNaedlli�eeofeeid 8eodon ii a dMtesoe of 2OK26 ftd to a 409mV =8 ftmd N a ooeaar of acid 727.417ia+e teaotandS*NwdmmemerofdatS.anU tdeaoelWhtVal704,ptp2706OPI=,. a Ol°SS'34" W., aloft aNO ofuM 727A17-aetrotandthe WOK lineofveldSmore but at SM hd pre do 8oadi dd-%W 8m 'Of YAM SkW as doodbW is Vdama 1012. Pop 563o Orl=* oantiaadeg for a UMa db moe of 926.74 hd to a 3ff iron rod lb�md at 8oe�eet ooeaer ofaaid Sioe�e Idiot cad a ooenae o+fadd 727A17� t+� THWM S. s>t°03'33" B., dovS a line of amid 727Ai7.a m ftd and dw SON& Ilia of said Sams ftd a dM ace of 234A hd % a !f2" h m god VA& cap MU 4579) had at do Soa&mK comer of add S-Nm ftot mad a come dsdd 727Ai 74mm out 'lam N. 01*SVW B., dwg die Beet Hae of acid 5-ma tiaot ad a ire of a dd 727r417-a m trot, at 876.HS hd pees the 8=6 wjw So of add R►eat 8ta4 oonft ft hr a told diedeoe of 92625 Am to a 60-pW =0 hvnd do the Noel Ie ofadd 8eodo®11 and a Noeb Vm ofmM 7Z7A17-aoaaftd&t dw NoeWeeetooe w of nM S."w ft@oj; 7M4CES. SMIIWIL,sbggwNee&VmatnMgeodon 1! ad&ft&Hmofadf 727A17• acme teeotadMmoe of H19.69>'hettoaaoa�wrte aa6! lbtmd is �s d Sae of U.B. y S4 (gmr4 RRoad) at a ooenee otadd 727A17.aore trao0 IMCB&OPS7'0r'W.,do%"M dds4f-wV%W d&ffmQfadd727.417- aore tarot adjetmae ofS0A0 feettd a 1/x'hon rod ari�ap p4awtoe� T1MC88.731"8..�g� a�ofadd727A17�aoastaxt a d Maur of 2i3.34 hate a, rlgb�of-�► medoee 17�K`8B. �'11'23" B.. � � � �► atd aline ofadd 727A17�aoaetfaot adidwoof 1353A7hdtoa 1/2" Moaeod a oaPmedoed"HIJOORB®�Agppd,". de Wat d&U'of-"W 90 of 8ft RQ4 beb gdw Wag am afaeid 17ANuma % Tle"mimp df -viloan&waf1Mu0. doa�g aomoe to da MR. acid omnel�g db mea of 1607.84 he % 1/l" fi rod �n oftd of8.00'!6'32"g, aodimd ap�o f np R,BBDA ABBOC">Rrandat A2 EXHIBIT 1 7MD= S. 30.38 W a, oo*kft SUM MW d bj fd_% Or line adios ofS34AM hdU a lW baoa rod hW at a pout at=v&A% Tll11KCB Sooeael ft =ubft shm NU d&4"W lb% sjM & Queue Io go d8 % rid =I bwigpaeadiato[1425AOfKa-dagpied320[r l",aahord6e�ggot$� 14• 0�" B.. a*mddit� of 792.76 Bettaa l/r kmndv thapareloed'�itlpp RB*fL 14* C" Aadatapd ooftw4pemr; THBNCs s. 01°20ro0" w., n A IAIRamm aid eipN.d-%v no a dwom of 1isM lief to a 1/2" boa rod waatUMW 9l W RBBD& AS$= ftwd atapdaafi &n@odoa; TH NM L 04.11'44" w.. , m m d I chop add d*"&w , dae ad W moa of200Z f l& a Ur bmfad artoep MW WJGO RM dt ASSOC* f and at&poleofb"oeotioa S. 01.20.0r w., oodbft don$ aid dot„ay no awe =M 64% a i/r hoaeodbmdet apoiatoiiatmreodon; TFMNCR L 4@W$3" w., F' I dy aioa8 sdd d*tWkW dos a 4bbm of 42.27 2* to a 1/S" broo rod ift oep a idoed "HU in ROD & ASSOC" 6=d tAa plat of eodom ja do d w.%V dae of vm diw TMNCBKM4'14"w., doagmid d#t UN adbbmof397.10 hdto a ltr b wd wl6 ap nwAmd "Htl00 R88D A ASSOC" ad ibr a pd t of inoeeaaodoo; TE NCE S. 01.45'46" w.. andimbe don aid .%V lbe, at 540 hd pace ft moede � doe Stmetae deeodbed io Volmtie lZl%Pkgp M OMCr, fira"taldimm ofss-00fedbdwpow dse . HDeadW w We m dw TmM Cooeltn b Syateea of 1983 (2011) Bpoab 2010A; Nw&Ceai d Dh*moeeamd areaeaee aue8oer U.L vAW Peet MEMANDBOUND8 O ON ofa230125-mmUdboatedioSaodooe ll,Biooki8, Abdow343.amdSeotioa 14.Sock A, Abobaft 861 and 133Z. Wbboak C=W, Twmk b ftg pmtioo ofdw 727AIT- a ew deemibed is Vah ma 103Si, Pape 176r (kgWd pd& Ron@& dL46baer ,r*w(0PMj rwdapact*&oftW2Kl4-mm%W&lwF edisVdl 10351, hp 183. OMU=o acid 230.125-oee twat baba lioaber &so"a ggbM 38MM data1/Y"bmmdvftuPa mftdOEM RMAASS)C"eetiaaagobeer Ad 17A0.ao<eateeettml i d aay ddiaadea asdaeotw In Com w CM Mb Number (cc" 30C0ow beats Spatan d lM- No 64bRW Z00% atk6 pob t bm S. M194 0 L adbWoor A-3 tXMMII L N Northwest Passage Public Improvement District s' 9� - , , a � •IMmnie. r4 But I xlru 4 1 !' Iffi ill tl,tl 111lIt�Iflffi 1111:•"`!` `i'11111 _ 11 R9®tRii6 mul _I�Fj . t 1111 _ lir {ittop I 111{IH 1 IIIF tTTTttp �T /. 1, '7a11 Z , ��yitttls� QProposed PID Boundary As r«C-WftC.,mmMC,t,,I,,,I,Wvdist.bkgmfn,,,,«., .d=WnWhm6 .pyw{1raM OWNIA I wlt►r«�MMr+Iw►.rt«.wn««.aw wM�rwYM»7W,grwr•Itr frM �MlnMu{rrANM Parcels dbmAft . Lot -Block Lines 0 500 1000 2000 3000 s1 SM 312021 fL'4'tb]3��t tXMIU11 1 EXMBIT A The Land Tract 1(Nord west 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 548.89 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 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. 01 043'53" E., along a line of said 727.417-acre had 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 727.417-acre tract and the most Easterly Northeast corner of said Montalvo property; THENCE N. 88°13'31" 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" comer of said Montalvo property; THENCE N. 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. 88014'37" E., along a line of said 727.417-acre tract and the South line of said 14.809- acre tract a distance of 796.21 feet to a 1IT' iron rod with cap (Newton) found at a corner of said 727.417-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 727.417-acre tract and the Northeast corner of said 14.809-acre tract; A-1 LAMM11 L THENCE N. 88014' 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 corner of said 727.417-acre tract and the Northwest corner of said 14.809-acre tract; THENCE N. 01 044' 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 ] 1 and the Northwest corner 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 corner of said 727.417-acre tract and the Northwest corner 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 corner of said 5-acre tract and a corner 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 5-acre tract a distance of 234.68 feet to a 1/2" 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. 01 056'30" 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 corner 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. 01057'08" 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. 77032'31" E., continuing along said right-of-way and a line ofsaid 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 61 °23'03", a chord bearing of S. 00°1632" 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; E;d tAmitsll L 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. 01020'00" W., continuing along said right-of-way line a distance of 1190.93 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. 01020'00" 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. 01045'46" 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. u 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 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 1993, North-Central Zone, which point bears S. 88*11'41" E. a distance of A-3 tXMltsll L 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. 01 048' 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. 8801 P41" 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. 140491021, W., a chord distance of 876.21 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" found at a point of tangency; THENCE N. 30°59'04" 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 1/2" 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 06°54'41", a chord bearing of N. 20°13'30" E., a chord distance of 179.28 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 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. 5801114" 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 tAMM I L ASSOC" found in the East line of said Section 1 I and the West line of said Section 14, at a corner of said 727.417-acre tract THENCE S. 01 045'00" 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 1/2" iron rod with cap marked "HUGO REED & ASSOC" set for a corner of said 727.417-acre tract; THENCE S. 8891'29" 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 corner of said 727.417-acre tract; THENCE S. 01 050'26" 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 corner of said 727.4I7-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 corner of said 727.417-acre tract; THENCE S. 55008'25" E., along a line of said 727.417-acre tract 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. 01 048' 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 corner 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. gg 3 (Southwest Quadrant. excluding oorlion in the North P rote ID): METES AND BOUNDS DESCRIPTION of a 318.340-acre being a portion of that 160.139-acre tract located in Section 6, Block A Abstract 1492, Lubbock County, Texas, described in Volume 9795, 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 C/1M011 L coordinate of N-7289731.09, E-926687.46, 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 °4546" W. a distance of 65.00 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 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. 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 30131'25", 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 tAnI I l L 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. 88°09'58" W., continuing along the North line of said alley a distance of 52.00 feet to a point of intersection THENCE S. 46050'02" 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. 88009'58" 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 191-290 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 corner of said plat limits, at the Southwest comer of said I60.139-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 corner 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 corner of said 153.864-acre tract and the Southwest corner 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. 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 tract 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. 85022'29" 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 208.00 feet to the Point of Beginning. A7 CAMOOI L SAVE & EXCEPT: Any portion of Tract 3 located in Section 5, Block IS, Lubbock County, Texas, Abstract 346, described in Volume 10016, Page 13 5, 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 adininina So Rest Quadrant): 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 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.) 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". Tax Year Property Values* (Taxable) Discounted Property Values Number of Homes Fiscal Year Revenues Interest Assessment @ $0.15 Total Expense Debt Service Administrative Costs Annual Operation Cost (Notices, Public Hearings, Collection Costs, Advisory Group meeting costs, postage, offke supplies, Main PTJ Total Cash Reserve *Property Value growth rate = 2% annually PROJECTIONS 2021 2022 2023 2024 2025 2026 Totals 5,001,669 5,001,669 5,001,669 5,001,669 37,062,953 33,356,658 193,493,429 174,144,096 219,576,954 197,619,259 250,438,980 225,395,082 250,438,980 225,395,082 2020-21 2022.23 2023.24 2024-25 2025-26 2026.27 Total$A - - - 7,503 50,035 457 261,216 3,383 296,429 6,750 338,093 10,590 953,275 - 7,503 50,035 261,673 299,812 344,843 963,865 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 - 9,000 9,180 9,364 9,551 479,742 516,836 - (1,497) 39,357 Wl,667 581,928 447,029 447,029 Assessment Information for 100,000 home $250.00 Exhibit B Northwest Passage Public Improvement District 2023 AMENDED SERVICE AND ASSESSMENT PLAN August 22, 2023 Lubbock TEXAS TABLE OF CONTENTS Tableof Contents..............................................................................................................................................1 Introduction......................................................................................................................................................2 SectionI: Definitions.........................................................................................................................................3 SectionII: The District.......................................................................................................................................7 Section III: Authorized Improvements.......................................................................................................... 7 SectionIV: Service Plan................................................................................................................................................8 SectionV: Assessment Plan......................................................................................................................................8 Section VI: Terms of the Assessments.......................................................................................................................10 SectionVII: Assessment Roll...................................................................................................................................13 Sect ion Vill: Additional Provisions............................................................................................................................13 Listof Exhibits.................................................................................................................................................15 Exhibit A - District Legal Description......................................................................................................................16 Exhibit B - District Boundary Map.............................................................................................................. 24 Exhibit C - Authorized Improvements................................................................................................................ 25 ExhibitD - Service Plan - Five Year Plan...................................................................................................................26 Exhibit E - Service Plan - Sources and Uses..........................................................................................................27 ExhibitF -Assessment Roll......................................................................................................................................28 Exhibit G - Annual Installments................................................................................................................... 29 Exhibit H - Maximum Assessment per Lot Type...................................................................................................30 Exhibit I -Allocation of Public Improvement Costs by Section......................................................................31 Exhibit J - Estimated Bond Debt Service Schedule...................................................................................................32 Northwest Passage PID SAP 1 INTRODUCTION Capitalized terms used in this 2023 Amended Service and Assessment Plan (this "2023 Amended SAP") shall have the meanings given to them in Section I unless otherwise defined in this 2023 Amended 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 2023 Amended SAP or an Exhibit attached to and made a part of this 2023 Amended 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. On April 12, 2022, the City passed and approved by Ordinance No. 2022-00043 accepting and approving an amended and restated service and assessment plan (the "2022 Amended and Restated Service and Assessment Plan updated for the Issuance of Bonds") and Assessment Roll for the District. 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. Northwest Passage PID SAP 2 Pursuant to the PID Act, the 2023 Amended SAP must be reviewed and updated annually. This document is amending the 2022 SAP. This 2023 Amended SAP updates the property. 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 Amended and Restated 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. "2023 Amended SAP" means this 2023 Amended SAP and the update relating to the changed roll, 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 Northwest Passage PID SAP 3 the responsibility provided in this 2023 Amended 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 counsel, engineers, accountants, financial advisors, and other consultants engaged by the City; (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 2023 Amended 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 2023 Amended 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 Roll, 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 2023 Amended 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. Northwest Passage PID SAP 4 "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. "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. Northwest Passage PID SAP 5 "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 "Parcel(s)" 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 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 "City 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 B. 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. B. 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. Northwest Passage PID SAP 7 ■ 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 2023 Amended 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 furtherdescribed 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 100% 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. 2. 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, (i) 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 (ii) 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 Council 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 11 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 asset 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 fails 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 Vill: 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 2023 Amended 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 Northwest Passage PID SAP 13 whether an error has been made. If the 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 2023 Amended 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 2023 Amended SAP must be made by the City Council in accordance with the PID Act. To the extent permitted by the PID Act, this 2023 Amended 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 2023 Amended SAP. C. Administration and Interpretation The Administrator shall: (1) perform the obligations of the Administrator as set forth in this 2023 Amended 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 2023 Amended SAP. Interpretations of this 2023 Amended 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 2023 Amended 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 H Maximum Assessment per Lot Type Exhibit 1 Estimated Allocation of Public Improvement Costs by Tract Exhibit J Estimated Debt Service Schedule Northwest Passage PID SAP 15 EXHIBIT A- DISTRICT LEGAL DESCRIPTION Tract 1 (Northwest Quadrant): METES AND BOUNDS DESCRIPTION of a 476.102-acre tract located in Section 11, Block 1S, 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. 88°14'14" 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 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. 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 comer of said 727.417-acre tract and the most Easterly Northeast comer of said Montalvo property; THENCE N. 88°13'31" 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 comer of said 727.417-acre tract and an "ell" comer of said Montalvo property; THENCEN. 01°47'44" 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. 88014'37" E., along a line of said 727.417-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 727.417-acre tract and the Southeast comer of said 14.809-acre tract; THENCE N. 01°43'22" 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 727.417-acre tract and the Northeast comer of said 14.809-acre tract; A-1 Northwest Passage PID SAP 16 THENCE N. 88°14'23" 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. 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 comer of said Section 11 and the Northwest comer of said 727.417-acre tract; THENCE S. 88°05'04" 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. 01°55'34" 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. 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 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. 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 727.417-acre tract at the Northeast comer 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 comer of said 727.417-acre tract; THENCE S. 01°57'08" 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. 58'11'23" 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 61°23'03", a chord bearing of S. 00°16'32" 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. 30°58'04" E., continuing along said right-of-way line a distance of 534.62 feet to a 112" 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 of1425.00 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. 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°32'53" 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. 88°14'14" 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°45'46" 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. 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 183, 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°11'41" E. a distance of 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; A-3 Northwest Passage PID SAP 18 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°19'56" 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. 88°11'41" 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. 43°25'50" 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 1580.17 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 32°18'04", 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. 08'46'22" W., a chord distance of 1076.62 feet to a 1/2" 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 06°54'41", 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 09°38'59", 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. 58°11'34" 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. 01*48' 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 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. 88°11'41" 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. 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 corner of Sections 11, 6, and 5, all in Block JS, and Section 14, Block A, Lubbock County, Texas; THENCE S. 43°27'07" 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 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. 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 & ASSOC" 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. 88°09'58" 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 Northwest Passage PID SAP 21 THENCE N. 43°09'58" W., continuing along the North line of said alley a distance of 14.14 feet to a point of intersection; THENCE N. 88°09'58" 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 1/2" iron rod with cap marked "HUGO REED & ASSOC" set for a point of intersection; THENCE N. 88°09'58" 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 191-290 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. 88°01'32" 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 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. 85022'29" 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. 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 5 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.) Northwest Passage PID SAP 23 EXHIBIT B — BOUNDARY MAP Northwest Passage Public Improvement District II Proposed PM Boundary Parcels Lot -Block Lines Fes t 0 500 two 2oDD 3000 c 8431202+ 1 Lubbock nrn Northwest Passage PID SAP 24 EXHIBIT C —AUTHORIZED IMPROVEMENTS % Cost Public Improvements Drainage (Includes Soft Costs, Contingency and Project Management 40,825,434 40,825,434 District Formation and Bond Issuance Costs Debt Service Reserve Fund - - Capitalized Interest - - Underwriter Discount 200,000 200,000 Cost of Issuance 250,000 250,000 450,000 450,000 Total 41,275,434 25.28% 10,435,000 Footnotes [a] Costs allocated based on estimated buddout value. see Exhibit M for calculation of allocation percentages These are estimates only. They will change Northwest Passage PID SAP 25 EXHIBIT D - SERVICE PLAN - FIVE YEAR PLAN Northwest Passage PID Fiscal Year FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 Annual Installments Due 1/31/2023 1/31/2024 1/31/2025 1/31/2026 1/31/2027 1/31/2028 1/31/2029 Principal $ 365,000 380,000 Interest 368,965 355,966 Total Debt Service - - - - - 733,965 735,966 Annual Collection Costs 8,647 20,000 25,000 25,500 26,010 26,530 27,061 Additional Reserve (7,562) (16,920) 232,819 524,797 711,015 108,488 256,094 Total Annual Installment $ 11085 3,080 257,819 550,297 737,025 868,983 1,019,120 Future years are estimates only. Northwest Passage PI 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 $ 10,435,000 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 No. R342383 Value 3,289 PrincipalID - Collection 5 AdditionalAnnual - 5 R343734 6,831 - 10 - 10 R343735 1,126, 310 - - 1,689 - 1,689 R347099 9,661 - - 14 - 14 R347100 70,262 105 105 R347102 82,800 124 124 R347103 277,080 416 416 R347522 291,930 438 438 R63099 50,413 - - 76 - 76 R63214 70,492 - - 106 - 106 R66307 46,716 - - 70 - 70 R82421 1,472 - - 2 - 2 R82485 16,025 1 1 1 24 1 24 2,053,281 - - 3,080 - 3,080 SUMMERLYN WEST 2020 AM SAP 28 EXHIBIT G - ANNUAL INSTALLMENTS 2022 - - 8,647 (7,562) 1,085 2023 - 20,000 (16, 920) 3,080 2024 - 25,000 232,819 257,819 2025 - 25,500 524,797 550,297 2026 - 26,010 711,015 737,025 2027 365,000 368,965 26,530 108,488 868,983 2028 380,000 355,966 27,061 256,094 1,019,120 2029 390,000 342,507 27,602 383,327 1,143, 436 2030 410,000 328,572 28,154 484,399 1,251,126 2031 420,000 314,145 28,717 514,660 1,277,523 2032 435,000 299,208 29,291 541,067 1,304,566 2033 455,000 283,742 29,877 552,662 1,321,281 2034 470,000 267,730 30,475 570,270 1,338,475 2035 485,000 251,152 31,084 588,860 1,356,095 2036 505,000 233,987 31,706 603,342 1,374,035 2037 520,000 216,215 32,340 623,943 1,392,499 2038 540,000 197,815 32,987 640,512 1,411,314 2039 560,000 178,765 33,647 658,151 1,430,562 2040 580,000 159,041 34,320 678,118 1,451,478 2041 600,000 138,619 35,006 726,425 1,500,050 2042 620,000 117,475 35,706 777,237 1,550,419 2043 640,000 95,584 36,420 830,646 1,602,650 2044 665,000 72,919 37,149 881,620 1,656,687 2045 685,000 49,452 37,892 (14,929) 757,415 2046 710,000 25,156 38,649 1,919 775, 724 10, 435, 000 4,297,013 749,771 11, 850, 959 27, 332, 743 [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 Costs, reserve fund requirements, interest earnings, or other available offsets could increase or decrease the amounts shown. NORTHWEST PASSAGE PID 2022A&R SAP EXHIBIT H - MAXIMUM ASSESSMENT PER LOT TYPE NORTHWEST PASSAGE A&R SAP 30 EXHIBIT I - ALLOCATION OF PUBLIC IMPROVEMENT COSTS Average Estimated Total Extimated ..(Debt Estimated Average Total Estimated Assessment Lot Type Residential of Lots 4,400 Value Per Lot (Taxable Value) 293,866.82 1,293,014,001 of Benefit 100.01yo $ Tract* 3,348.18 Interest) $ 14,732,013.06 Tract 1 9 2,586,028 0.2% 1,473.20 29,464.03 Tract 2 334 98,269,064 7.6% 55,981.65 1,119,632.99 Tract 3 22 6,465,070 0.5% 3,683.00 73,660.07 Tract 955 280,584,038 21.7% 159,842.34 3,196,846.83 Tract 5 1,043 306,444,318 23.7% 174,574.35 3,491,487.10 Tract 6 708 208,175,254 16.1% 118,592.71 2,371,854.10 Tract 7 57 16,809,182 1.3% 9,575.81 191,516.17 Tract 8 634 186,194,016 14.4% 106,070.49 2,121,409.88 Tract 9 128 37,497,406 2.9% 21,361.42 427,228.38 Tract 10 207 60,771,658 4.7% 34,620.23 692,404.61 Tract 11 132 38,790,420 3.0% 22,098.02 441,960.39 Tract 12 123 36,204,392 2.8% 20,624.82 412,496.37 Tract 13 48 14,223,154 1.1% 8,102.61 162,052.14 4,400 293,867 1,293,014,001 . Assessment is $0.15 per $100valuation 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 year when 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. NORTHWEST PASSAGE A&R SAP 31 EXHIBIT -BOND DEBT SERVICE SCHEDULE TAX & WW SYSTEMSURPLUS REV CO BDS, Series 2027 Dated Date: TBD $10,435,000.00 NORTHWEST PASSAGE PID FISCAL TOTAL YEAR PRINCIPAL INTEREST REQUIREMENTS 2027-28 365,000.00 368,964.54 733,964.54 2028-29 380,000.00 355.965.53 735,965.53 2029-30 390,000.00 342,506.89 732,506.89 2030-31 410,000.00 328,572.38 738,572.38 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 203940 560,000.00 178,764.67 738,764.67 2040-41 580.000.00 159,040.50 739,040.50 2041-42 600,000.00 138.618.92 738,618.92 2042-43 620.000.00 117,475.26 737,475.26 2043-44 640,000.00 95,584.00 735,584.00 2044-45 665.000.00 72.918.70 737,918.70 2045-46 685,000.00 49,451.99 734,451.99 2046-47 710,000.00 25,155.54 735,155.54 $ 10,435,000.00 $ 4,297,013.06 $ 14,732,013.06 This is an estimated debt schedule only. It will change once debt has been issued. NORTHWEST PASSAGE A&R SAP 32 EXHIBIT B 2023 Service and Assessment Plan 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-1) or (a-2), as applicable. (a-1) Except for the notice prescribed by Subsection (a-2), 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 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 [aw assessmeAt) to (insert name of [a] municipality or county, as applicable), Texas, for the costs of a portion of a public [aR] 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 (insert Subchapter A, Chapter 372, Local Government Code, or Chapter 382, 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 ASSESSMENT IS 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 COSTS, 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 commissioners 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 [*e] 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 lien 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 372.0035, 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 IS AUTHORIZED UNDER SECTION 372.0035(d), LOCAL GOVERNMENT CODE. Page - 1- EXHIBIT B 2023 Service and Assessment Plan Information about the calculation of the assessment may be obtained from (insert name of the municipality). The exact assessment rate will be approved each year by (insert name of city council) in the annual service plan update for the district. More information about the 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 (a-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 sale requiring notice Page -2 - EXHIBIT C City of Lubbock, TX Financial Planning and Analysis Northwest Passage PID Tax Year 2023 Preliminary Assessment Roll Property 2023 Preliminary 2023 Estimated ID Owner Name Mailing Address Property Address Legal Description Taxable Value Assessment 1500 BROADWAY ST #STE 1500 R342383 NWP EB-5 PROJECT LLC LUBBOCK, TX 79401 BLK JS SEC 6 AB 687 TR Cl ACS: 1.51 $ 3,289 $ 4.93 LINCOLN FRANKFORD 3917 114TH ST BLK JS SEC 6 AB 1492 TR A2 OF R343734 GROUP LLC LUBBOCK, TX 79423 URSULINE ST, WBBOCK, TX 79416 NW/4 AC: 75.8747 6,831 10.25 LINCOLN 16 AFFORDABLE 3110 FRANKFORD AVE 1606 N FRANKFORD AVE, LUBBOCK, R343735 STORAGE LLC LUBBOCK, TX 79407 ITX 79416 LINCOLN 16 TR D 1,126,310 1,689.47 1500 BROADWAY ST MM HOLDSWORTH NWP #STE 150O BLK 15 SEC 11 AB 343 TR A4 & B3 R347099 LLC LUBBOCK, TX 79401 AC:29.363 9,661 14.49 1500 BROADWAY ST MM HOLDSWORTH NWP #STE 1500 BLK A SEC 14 AB 861 TR A17 OF S/2 R347100 LLC LUBBOCK, TX 79401 AC5:46.824 70,262 105.39 1500 BROADWAY ST MM HOLDSWORTH NWP #STE 1500 BLK JS SEC 6 AB 1516 TR Bl ACS: R347102 LLC LUBBOCK, TX 79401 11.04 82,800 124.20 1500 BROADWAY ST MM HOLDSWORTH NWP #STE 1500 BLK JS SEC 6 AB 1492 TR A3 & A4 R347103 LLC LUBBOCK, TX 79401 OF NW/4 AC: 27.708 277,080 415.62 LINCOLN FRANKFORD DEV 3917 114 ST BLK 1S SEC 6 AB 1492 TR A2A OF R347522 GROUP LLC LUBBOCK, TX 79423 NW/4 AC: 29.193 291,930 437.90 1500 BROADWAY ST #STE 1500 BLK JS SEC 11 AB 343 TR A AC: R63099 NWP EB-5 PROJECT LLC LUBBOCK, TX 79401 214.858 50,413 75.62 1500 BROADWAY ST #STE 1500 BLK JS SEC 11 AB 343 TR B AC: R63214 NWP EB-5 PROJECT LLC LUBBOCK, TX 79401 5521 N CR 2000 234.969 70,492 105.74 1500 BROADWAY ST #STE 1500 BLK A SEC 14 AB 861 TR A OF S/2 R66307 NWP EB-5 PROJECT LLC LUBBOCK, TX 79401 ACS: 159.316 46,716 70.07 1500 BROADWAY ST #STE 1500 5601 URSULINE ST, LUBBOCK, TX BLK JS SEC 6 AB 1492 TR A & AlOF R82421 NWP EB-5 PROJECT LLC LUBBOCK, TX 79401 79416 NW/4 AC: 13.142 1,4fzl 2.21 1500 BROADWAY ST L857 #STE 1500 5201 URSULINE ST, LUBBOCK, TX BLK 1S SEC 6 AB 1516 TR B ACS: 1143.08 NWP EB-5 PROJECT LLC LUBBOCK, TX 79401 79416 16,025 24.04 $ 2,053,281 $ 3,079.92