Public Comments Presentations

Commissioners Court October 20, 2020 NOTICE OF A MEETING OF THE COMMISSIONERS COURT OF HAYS COUNTY, TEXAS

This Notice is posted pursuant to the Texas Open Meetings Act. (VERNONS TEXAS CODES ANN. GOV. CODE CH.551). The Hays County Commissioners Court will hold a meeting at 9:00 A.M. on the 20th day of October 2020, in the Hays County Courthouse, Room 301, San Marcos, Texas. An Open Meeting will be held concerning the following subjects: CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE - Pledge of Allegiance to the American Flag & Pledge of Allegiance to the Texas Flag ROLL CALL

PUBLIC COMMENTS At this time 3-MINUTE comments will be taken from the audience on Non-Agenda related topics. To address the Court, please submit a Public Participation/ Witness Form to the County Clerk. Please Complete the Public Participation/ Witness Form in its Entirety. NO ACTION MAY BE TAKEN BY THE COURT DURING PUBLIC COMMENTS.

PRESENTATIONS & PROCLAMATIONS Update from the County Judge and staff regarding the Local Disaster Declaration and COVID-19. 1 Possible discussion and action may follow. BECERRA 2 Adopt a Proclamation declaring October 30, 2020 as Weatherization Day. INGALSBE Presentation by Susan Dawson with Austin Area Research Organization (AARO) regarding Hays 3 County Breast Cancer Initiative. INGALSBE/SMITH

CONSENT ITEMS The following may be acted upon in one motion. A Commissioner, the County Judge, or a Citizen may request items be pulled for separate discussion and/or action. 4 Approve payments of County invoices. VILLARREAL-ALONZO 5 Approve the payment of United Healthcare claims. VILLARREAL-ALONZO 6 Approve Commissioners Court Minutes of October 13, 2020. BECERRA/CARDENAS Authorize the execution of Amendment No. 2 to the General Land Office (GLO) Contract No. 18-421- 7 000-B130 Community Development Block Grant Disaster Recovery Program Housing Projects Non- Research & Development 2015 Flood Allocation. BECERRA/T.CRUMLEY Authorize the execution of a Quote with Axon Enterprises, Inc. related to the Sheriff's Office In-Car & 8 Body-Worn Camera Program for additional equipment approved in the FY 2021 Budget. INGALSBE/CUTLER Approve the reappointment of Walt Smith to the Board of Directors of the West Travis County Public 9 Utility Agency (the “WTCPUA”), term ending September 2024. SHELL

ACTION ITEMS

ROADS Discussion andDRAFT possible action to authorize the County Judge to execute a Professional Services 10 Agreement between Hays County and Binkley & Barfield, Inc to perform Utility Coordination for the Windy Hill Road reconstruction project. JONES/BORCHERDING Discussion and possible action to authorize the County Judge to execute a Professional Services 11 Agreement between Hays County and Cobb Fendley, Inc to perform ROW Acquisition Services for the Windy Hill Road reconstruction project. JONES/BORCHERDING Discussion and possible action to authorize the execution of a Supplemental Agreement No. 7 to the Professional Service Agreement with HNTB Corporation for the Pass-Through Finance Program 12 Management effort in Hays County, increasing the Compensation Cap by $100,000.00 from $7,615,500.00 to $7,715,500.00 and extending the termination date of the contract to September 30, 2021. JONES/BORCHERDING Discussion and possible action to authorize the execution of Supplemental No. 7 to a Professional Service Agreement (PSA) with HNTB Corporation for $520,000.00 to continue providing General 13 Engineering Consultant (GEC)/Program Management services for the Hays County/TxDOT Partnership Program projects. JONES/INGALSBE/BORCHERDING Discussion and possible action to authorize the County Judge to execute a Professional Services Agreement/Contract between Hays County and LJA Engineering, Inc. to provide Right-of-Way 14 Acquisition services for Darden Hill/Sawyer Ranch Road Intersection Round-About project in Precinct 4 as part of the Road Bond Program. SMITH/BORCHERDING Discussion and possible action to approve an Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects (SH 21 at FM 1966) with No 15 Required Match On-System and authorize the County Judge to execute the Advance Funding Agreement on behalf of Hays County. INGALSBE/BORCHERDING

MISCELLANEOUS Discussion and possible action to authorize Beckwith Electronic Systems, LLC to replace the 3-Series Control System for Government Center courtroom #1 and allow a discretionary exemption pursuant to 16 Texas Local Government Code 262.024A (7)(D) and amend the budget accordingly. INGALSBE/T.CRUMLEY Discussion and possible action to execute a contract with the Community Supervision and Corrections 17 Department (CSCD) related to the Hays County Pretrial Bond Program. SHELL/INGALSBE Discussion and possible action to adopt an order authorizing the issuance of the “Hays County, Texas, Special Assessment Revenue Bonds, Series 2020 (La Cima Public Improvement District Neighborhood Improvement Areas #1-2 Project)”; approving and authorizing an indenture of trust, a 18 bond purchase agreement, a limited offering memorandum, a continuing disclosure agreement, an amended and restated service and assessment plan, and other documents in connection therewith; making findings with respect to the issuance of the Bonds; and providing an effective date. SHELL

EXECUTIVE SESSIONS The Commissioners Court will announce it will go into Executive Session, if necessary, pursuant to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel to discuss matters of land acquisition, litigation, and personnel matters as specifically listed on this agenda. The Commissioners Court may also announce it will go into Executive Session, if necessary, to receive advice from Legal Counsel regarding any other item on this agenda. Executive Session pursuant to Sections 551.071 and 551.074 of the Texas Government Code: consultation with counsel and deliberation regarding all individual positions in the Investigations 19 Division of the Hays County Criminal District Attorney's Office. Possible discussion and/or action may follow in open Court. SHELL

STANDING AGENDA ITEMS The Commissioners Court utilizes Standing Agenda Items to address issues that are frequently or periodically discussed in court. This section allows the Court to open the item when a need for discussion arises. 20 Discussion and possible action related to the burn ban and/or disaster declaration. BECERRA Discussion related to the Hays County inmate population, to include current population counts and costs. 21 BECERRA Discussion of issues related to the Hays County Census program including updates from Jessica Mejia. 22 BECERRA Discussion of issues related to the Hays County Jail, and the planning of projects pertaining to the public safety 23 facilities needs within the County. Possible action may follow. INGALSBE/CUTLER Discussion of issues related to Electro Purification including updates on the filed application. Possible action may 24 follow. SHELL

ADJOURNMENT DRAFT

Posted by 5:00 o'clock P.M. on the 16th day of October, 2020

COMMISSIONERS COURT, HAYS COUNTY, TEXAS

______CLERK OF THE COURT

Hays County encourages compliance with the Americans with Disabilities Act (ADA) in the conduct of all public meetings. To that end, persons with disabilities who plan to attend this meeting and who may need auxiliary aids such as an interpreter for a person who is hearing impaired are requested to contact the Hays County Judge’s Office at (512) 393-2205 as soon as the meeting is posted (72 hours before the meeting) or as soon as practical so that appropriate arrangements can be made. While it would be helpful to receive as much advance notice as possible, Hays County will make every reasonable effort to accommodate any valid request regardless of when it is received. Braille is not available.

DRAFT AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM Update from the County Judge and staff regarding the Local Disaster Declaration and COVID-19. Possible discussion and action may follow.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

PROCLAMATIONS/PRESENTATIONS October 20, 2020

LINE ITEM NUMBER

AUDITOR USE ONLY AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A

REQUESTED BY SPONSOR CO-SPONSOR

BECERRA N/A

SUMMARY Information will be presented during Court.

DRAFT AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM Adopt a Proclamation declaring October 30, 2020 as Weatherization Day.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

PROCLAMATIONS/PRESENTATIONS October 20, 2020

LINE ITEM NUMBER

AUDITOR USE ONLY AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A

REQUESTED BY SPONSOR CO-SPONSOR

INGALSBE N/A

SUMMARY See attached Proclamation.

DRAFT AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM Presentation by Susan Dawson with Austin Area Research Organization (AARO) regarding Hays County Breast Cancer Initiative.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

PROCLAMATIONS/PRESENTATIONS October 20, 2020

LINE ITEM NUMBER

AUDITOR USE ONLY AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A

REQUESTED BY SPONSOR CO-SPONSOR

INGALSBE SMITH

SUMMARY Additional information will be provided in Court.

DRAFT AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM Approve payment of County invoices.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

CONSENT October 20, 2020

LINE ITEM NUMBER

AUDITOR USE ONLY AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR APPROVAL: N/A

REQUESTED BY SPONSOR CO-SPONSOR VILLARREAL- Auditor’s Office N/A ALONZO

SUMMARY

DRAFT AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM Approve the payment of United Healthcare claims.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

CONSENT October 20, 2020

LINE ITEM NUMBER

AUDITOR USE ONLY AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR APPROVAL: N/A

REQUESTED BY SPONSOR CO-SPONSOR VILLARREAL- Auditor’s Office N/A ALONZO

SUMMARY

DRAFT AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM Approve Commissioners Court Minutes of October 13, 2020.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

CONSENT October 20, 2020

LINE ITEM NUMBER

AUDITOR USE ONLY AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A

REQUESTED BY SPONSOR CO-SPONSOR

CARDENAS BECERRA N/A

SUMMARY

DRAFT AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM Authorize the execution of Amendment No. 2 to the General Land Office (GLO) Contract No. 18-421-000-B130 Community Development Block Grant Disaster Recovery Program Housing Projects Non-Research & Development 2015 Flood Allocation.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

CONSENT October 20, 2020 N/A

LINE ITEM NUMBER

AUDITOR USE ONLY AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A

REQUESTED BY SPONSOR CO-SPONSOR

CRUMLEY BECERRA N/A

SUMMARY Amendment No. 2 to the GLO Contract No. 18-421-000-B130 addresses a contract extension. The contract now ends April 30, 2021.

DRAFT DocuSign Envelope ID: 72064CDD-434A-4AC9-A5F4-7E994D5D3DFB

In Process

AMENDMENT NO. 2 TO GLO CONTRACT NO. 18-421-000-B130

1. a. THE GENERAL LAND OFFICE (the “GLO”) and HAYS COUNTY (“Subrecipient”), each a “Party” and collectively “the Parties” to GLO Contract No. 18-421-000-B130 (the “Contract”), desire to amend the Contract. Therefore, the Parties agree as follows:

2. 1. SECTION 3.01 of the Contract is amended to reflect a termination date of April 30, 2021.

2. This Amendment shall be effective upon the earlier of the date of the last signature or October 8, 2020.

3. The terms and conditions of the Contract not amended herein shall remain in force and effect.

SIGNATURE PAGE FOLLOWS

DRAFT

Amendment No. 2 GLO Contract No. 18-421-000-B130 Page 1 of 1 DocuSign Envelope ID: 72064CDD-434A-4AC9-A5F4-7E994D5D3DFB

SIGNATURE PAGE FOR AMENDMENT NO. 2 TO GLO CONTRACT NO. 18-421-000-B130

12. GENERAL LAND OFFICE a. HAYS COUNTY

In Processb. Mark A. Havens, Chief Clerk/ c. Name: Deputy Land Commissioner d. Title: Date of execution: ______e. Date of execution: ______

OGC ______PM ______

SDD ______DGC ______GC ______

DRAFT

Certificate Of Completion Envelope Id: 72064CDD434A4AC9A5F47E994D5D3DFB Status: Sent Subject: $0 Amendment #2: 18-421-000-B130 - Hays County (Texas GLO) Source Envelope: Document Pages: 10 Signatures: 0 Envelope Originator: Certificate Pages: 5 InInitials: 5 ProcessAdrianna Segura AutoNav: Enabled 1700 Congress Ave EnvelopeId Stamping: Enabled Austin, TX 78701 Time Zone: (UTC-06:00) Central Time (US & Canada) [email protected] IP Address: 99.16.141.38

Record Tracking Status: Original Holder: Adrianna Segura Location: DocuSign 10/6/2020 9:01:37 AM [email protected]

Signer Events Signature Timestamp Ginger Mills Sent: 10/6/2020 11:58:21 AM [email protected] Viewed: 10/8/2020 10:14:24 PM Attorney Signed: 10/8/2020 10:14:35 PM Texas General Land Office, Office of General Signature Adoption: Pre-selected Style Counsel Using IP Address: 65.65.132.58 Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign

Joshua Jackson Sent: 10/8/2020 10:14:43 PM [email protected] Viewed: 10/9/2020 2:54:05 PM Senior Project/Grant Mgr Signed: 10/9/2020 2:54:15 PM Texas General Land Office Signature Adoption: Pre-selected Style Security Level: Email, Account Authentication (None) Using IP Address: 72.178.205.135

Electronic Record and Signature Disclosure: Not Offered via DocuSign

Heather Lagrone Sent: 10/9/2020 2:54:23 PM [email protected] Viewed: 10/9/2020 3:13:50 PM Sr Dep Director Signed: 10/9/2020 3:13:57 PM Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 174.197.10.157

Electronic Record and Signature Disclosure: Not Offered via DocuSign

Marc Barenblat Sent: 10/9/2020 3:14:06 PM [email protected] DRAFTViewed: 10/9/2020 5:11:12 PM Deputy General Counsel Signed: 10/9/2020 5:12:02 PM Texas General Land Office Signature Adoption: Pre-selected Style Security Level: Email, Account Authentication (None) Using IP Address: 104.15.130.4

Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp Jeff Gordon Sent: 10/9/2020 5:12:10 PM [email protected] Viewed: 10/9/2020 5:14:07 PM General Counsel Signed: 10/9/2020 5:14:14 PM Texas General Land Office Signature Adoption: Pre-selected Style Security Level: Email, Account Authentication (None) Using IP Address: 174.197.20.65 Electronic Record and Signature Disclosure:In Process Not Offered via DocuSign

Ruben Becerra Sent: 10/9/2020 5:14:22 PM [email protected] Resent: 10/12/2020 7:10:03 AM County Judge Resent: 10/12/2020 11:18:21 AM Hays County Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign

Mark A. Havens [email protected] Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign

In Person Signer Events Signature Timestamp

Editor Delivery Events Status Timestamp

Agent Delivery Events Status Timestamp

Intermediary Delivery Events Status Timestamp

Certified Delivery Events Status Timestamp

Carbon Copy Events Status Timestamp BSO Team Sent: 10/6/2020 9:22:05 AM [email protected] Texas General Land Office Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign

Drafting Requests Sent: 10/6/2020 9:22:06 AM [email protected] Texas General Land Office Security Level: Email, Account Authentication (None) DRAFT Electronic Record and Signature Disclosure: Not Offered via DocuSign

Kelly McBride Sent: 10/6/2020 9:22:06 AM [email protected] Director of Contract Management Texas General Land Office Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Carbon Copy Events Status Timestamp Not Offered via DocuSign

Joseph Cardona Sent: 10/6/2020 9:22:06 AM [email protected] Resent: 10/6/2020 11:58:20 AM Team Lead/Contract Manager Texas General Land Office Security Level: Email, Account Authentication (None) In Process Electronic Record and Signature Disclosure: Not Offered via DocuSign

Mark Lawley Sent: 10/6/2020 9:22:06 AM [email protected] Compliance Texas General Land Office Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign

Adrianna Segura Sent: 10/6/2020 9:22:06 AM [email protected] Texas General Land Office Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign

Mahsa Azadi Sent: 10/6/2020 9:22:07 AM [email protected] Disaster Recovery Procurement Manager Texas General Land Office Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign

Matthew Anderson Sent: 10/8/2020 10:14:43 PM [email protected] Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign

Accounting Team Sent: 10/8/2020 10:14:43 PM [email protected] Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Cynthia Hudson DRAFTSent: 10/8/2020 10:14:43 PM [email protected] Infrastructure Manager Texas General Land Office Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Diane Hill-Smith Sent: 10/9/2020 2:54:23 PM [email protected] Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Stephanie Crenshaw In ProcessSent: 10/9/2020 5:12:10 PM [email protected] Texas General Land Office Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign

Lindsey McClune Sent: 10/9/2020 5:14:22 PM [email protected] Viewed: 10/13/2020 10:48:16 AM Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign

Commissioner George Bush Sent: 10/9/2020 5:14:22 PM [email protected] Commissioner, General Land Office Texas General Land Office Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign

Judy Langford Sent: 10/9/2020 5:14:22 PM [email protected] Viewed: 10/12/2020 7:31:48 AM President Langford Community Management Services, Inc. Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign

Gregory Rankin [email protected] Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign

HUB [email protected] Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure:DRAFT Not Offered via DocuSign

Angie Williams [email protected] Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Martin Rivera Jr [email protected] Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Pamela Mathews In Process [email protected] Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign

Ryne Zmolik [email protected] Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign

Denise Hall [email protected] Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign

Michelle Esper-Martin [email protected] Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign

Witness Events Signature Timestamp

Notary Events Signature Timestamp

Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 10/12/2020 11:18:21 AM

Payment Events Status Timestamps DRAFT AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM Authorize the execution of a Quote with Axon Enterprises, Inc. related to the Sheriff's Office In-Car & Body-Worn Camera Program for additional equipment approved in the FY 2021 Budget.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

CONSENT October 20, 2020 $41,613.00

LINE ITEM NUMBER 001-618-00]

AUDITOR USE ONLY AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A

REQUESTED BY SPONSOR CO-SPONSOR

Sheriff Gary Cutler INGALSBE N/A

SUMMARY In May, the court approved a Master Service Agreement with Axon Enterprises, Inc. related to the Law Enforcement In-Car Camera System and Body Worn Camera-Taser Program. At this time, the Sheriff's Office is requesting execution of Axon Agreement Q-271597-44111.676CF for 13 In-Car Camera Systems, for a total of $41,613 for year one. The total contract for this quote is $122,109.00 for a five-year term. Funding is available in the Sheriff's Office Operating budget.

Attachments: Axon Enterprises, Inc. Quote # Q-271597-44111.676CF

DRAFT Q-271597-44111.676CF Issued: 10/06/2020

Quote Expiration: 11/15/2020 Axon Enterprise,Ente Inc. 1780017800 N 85th85th St. Account Number: 112056 SScottsdale,cottsdale, ArizonaA 85255 Payment Terms: Net 30 UUnitednited SStatestates Delivery Method: Fedex - Ground PhPhone:one: (800)(800) 978-2737 Contract Number: 00027237

SALES REPRESENTATIVE Danny Thielen SHIP TO BILL TO Phone: (480) 434-8810 David Burns Hays County Sheriff's Office- TX Email: [email protected] Hays County Sheriff's Office- TX 1307 UHLAND ROAD Fax: Hays County Information Technology San Marcos, TX 78666 PRIMARY CONTACT Attn: Marva Pearce US David Burns 712 South Stagecoach Trail, Suite 1206 Phone: (512) 738-0721 San Marcos, TX 78666 Email: [email protected] US

Year 1 Term List Unit Item Description Quantity Net Unit Price Total (USD) (Months) Price Axon Plans & Packages 80217 FLEET 2 UNLIMITED WITH TAP PAYMENT 10 13 1,290.00 1,290.00 16,770.00 80217 FLEET 2 UNLIMITED WITH TAP PAYMENT 2 13 258.00 132.00 1,716.00 Hardware FLEET EVIDENCE.COM UNLIMITED 80214 58 13 0.00 0.00 0.00 STORAGE 71088 AXON FLEET 2 KIT 13 0.00 0.00 0.00 TECH ASSURANCE PLAN FLEET 2 KIT 87069 13 0.00 0.00 0.00 WARRANTY CRADLEPOINT IBR900-1200M-NPS+5 YEAR 11634 13 1,509.00 1,509.00 19,617.00 NETCLOUD ESSENT (PRIME) FLEET ROUTER ANTENNA, COMPACT 5-IN-1, 71200 13 270.00 270.00 3,510.00 BLACK 74110 CABLE, CAT6 ETHERNET 25 FT, FLEET 13 0.00 0.00 0.00 CABLE ASSEMBLY, POWER HARNESS, 71100 13 0.00 0.00 0.00 FLEET 2 Other 87050 FLEET VIEW XL ACCESSDRAFT LICENSE 58 13 0.00 0.00 0.00

Q-271597-44111.676CF Protect Life. 1 Year 1 (Continued) Term List Unit Item Description Quantity Net Unit Price Total (USD) (Months) Price Other (Continued) FLEET CAMERA REFRESH (ONE FRONT 73335 13 0.00 0.00 0.00 AND ONE REAR) Subtotal 41,613.00 Estimated 0.00 Shipping Estimated Tax 0.00 Total 41,613.00 Year 2 Term List Unit Item Description Quantity Net Unit Price Total (USD) (Months) Price Axon Plans & Packages 80217 FLEET 2 UNLIMITED WITH TAP PAYMENT 12 13 1,548.00 1,548.00 20,124.00 Subtotal 20,124.00 Estimated Tax 0.00 Total 20,124.00 Year 3 Term List Unit Item Description Quantity Net Unit Price Total (USD) (Months) Price Axon Plans & Packages 80217 FLEET 2 UNLIMITED WITH TAP PAYMENT 12 13 1,548.00 1,548.00 20,124.00 Subtotal 20,124.00 Estimated Tax 0.00 Total 20,124.00 Year 4 Term List Unit Item Description Quantity Net Unit Price Total (USD) (Months) Price Axon Plans & Packages 80217 FLEET 2 UNLIMITED WITH TAP PAYMENT 12 13 1,548.00 1,548.00 20,124.00 Subtotal 20,124.00 Estimated Tax 0.00 DRAFTTotal 20,124.00

Q-271597-44111.676CF Protect Life. 2 Year 5 Term List Unit Item Description Quantity Net Unit Price Total (USD) (Months) Price Axon Plans & Packages 80217 FLEET 2 UNLIMITED WITH TAP PAYMENT 12 13 1,548.00 1,548.00 20,124.00 Subtotal 20,124.00 Estimated Tax 0.00 Total 20,124.00

Grand Total 122,109.00

DRAFT

Q-271597-44111.676CF Protect Life. 3 Discounts (USD) Quote Expiration: 11/15/2020 List Amount 123,747.00 Discounts 1,638.00 Total 122,109.00 *Total excludes applicable taxes Summary of Payments Payment Amount (USD) Year 1 41,613.00 Year 2 20,124.00 Year 3 20,124.00 Year 4 20,124.00 Year 5 20,124.00 Grand Total 122,109.00 DRAFT

Q-271597-44111.676CF Protect Life. 4 STATEMENT OF WORK & CONFIGURATION DOCUMENT

Axon Fleet In-Car Recording Platform

This document details a proposed system design

Agency Created For: Hays County Sheriff's Office- TX Quote: Q-271597-44111.676CF

Sold By: Danny Thielen Designed By: Evan Bates Installed By: Customer Target Install Date: DRAFT

V-3.26.18 Q-271597-44111.676CF 5 VEHICLE OVERVIEW

SITE NAME CUSTOMER NAME Headquarters Hays County Sheriff's Office-TX

Total Configured Vehicles

• 13 Total Vehicles with this Configuration

Video Capture Sources Axon Camera • 26 Total Cameras Deployed

• 1 Axon Signal Unit(s) Per Vehicle

Mobile Data Terminal Per Vehicle Signal Unit • 1 Located In Each Vehicle

Mobile Router Per Vehicle

• 1 Cradlepoint IBR900-1200 In-Car Router Offload Mechanism

• 4G LTE Cellular

Evidence Management System Battery Box • Evidence.com

SYSTEM CONFIGURATION DETAILS The following sections detail the configuration of the Axon Fleet In-Car System

Vehicle Hardware 2 Axon Fleet Cameras will be installed in each vehicle

2 Axon Fleet Battery Boxes will be installed in each vehicle

Vehicle Hardware 1 Axon Signal Units will be installed in each vehicle

1 Cradlepoint IBR900-1200 router will be installed in each vehicle

The battery box provides power to its connected camera for up to 4 hours allowing for video offload while Axon Battery Boxes the vehicle ignition state is OFF and the MDT is connected and available.

When triggered, the Axon Signal Vehicle (ASV) device will activate the recording mechanism for all Signal Activation Methods configured Axon cameras within 30 feet of the vehicle. Mobile Data Terminal Each vehicle will be equipped with a Mobile Data Terminal provided by the customer.

Operating System: Windows 7 or Windows 10 - x32 or x64 with the most current service packs and updates Hard Drive: Must have 25GB+ of free disk space RAM/Memory: Windows 7 - 4GB or greater | Windows 10 - 8GB or greater Ethernet Port: The system requires the MDT to have one dedicated and available Ethernet port reserved Mobile Data Terminal for anDRAFT Ethernet cable from router. The Ethernet port can be located on an electronic and stationary mobile Requirements docking station. If a docking station is used, it is the preferred location for the Ethernet port. Wi-Fi Card: The system requires an 802.11n compatible Wi-Fi card using 5Ghz band. USB Ports: If the computer is assigned to the officer and does not remain with the vehicle, then the number dongles ordered should equal the number of officers or the number of computers assigned. At least one dedicated and available USB 2.0 port for the Fleet USB dongle USB Port on MDT or Dock.

Q-271597-44111.676CF 6 If the customer has a MiFi hotspot, embedded cellular, or USB 4G, then the customer must purchase a Cradlepoint router with an external antenna and Cradlecare. For agencies that use NetMotion Mobility, Axon traffic must be passed through; such that it does not Additional use the Mobility VPN tunnel. Customer must provide IT and / or Admin resources at time of installation Considerations to ensure data routing if functional for Axon Fleet operation. In the event an Agency is unable to support the IT requirements associated with the installation, Axon reserves the right to charge the Agency for additional time associated with on-site work completed by an Axon Employee.

Customer will provide the following router for all vehicles: Cradlepoint IBR900-1200 Hardware Provisioning The customer will provide a MDT for each vehicle In-Car Network Considerations

Cradlepoint IBR900-1200 will create a dedicated 5Ghz WiFi network within each vehicle. This network Network Requirements will join the Axon Fleet cameras and Mobile Data Terminal together. IP Addressing Total IPs Required Axon Fleet Cameras 26 Network Addressing Mobile Data Terminal 13 52 Cradlepoint IBR900-1200 13

Hardware Provisioning Customer to provide all IP addressing and applicable network information

Network Consideration Agreement

Customer acknowledges the minimum requirements for the network to support this Statement of Work.

All Axon employees performing services under this SOW are CJIS certified. Network Consideration Agreement If the network provided by Customer does not meet the minimum requirements, or in the event of a requested change in scope of the project, a Change Order will be required and additional fees may apply. Additional fees would also apply if Axon is required to extend the installation time for reasons caused by the customer or the customer network accessibility. DRAFT

Q-271597-44111.676CF 7 Professional Services & Training

Axon will assign a Project Manager that will provide the expertise to execute a successful Fleet camera deployment and implementation. The Project Manager will have knowledge and experience Project Management with all phases of the project management lifecycle and with all application modules being implemented. He/she will work closely with the customer's project manager and project team members and will be responsible for completing the tasks required to meet all contract deliverables.

Customer will be performing the installation of all Axon Fleet vehicle hardware. Installation services purchased from Axon include a “clip” and removal of existing in-car system hardware. This does not include “full removal” of existing wiring. A “full removal” of all existing hardware and wiring is subject to additional fees. Axon provides basic Fleet operation overview to the customer lead and/or Admin at the time of install.

Clip vs Rip installation removal:

o It is necessary to differentiate between the type of equipment removal to be provided by Axon. Standard Fleet Installation includes hardware removal in a fashion considered “Clip” which means Axon cuts the wires from the old system without removing multiple Vehicle Installation panels, removing all wiring and parts from the old system. In the case Axon removes the hardware Axon is not responsible for the surplus of hardware or any devices that may have been physically integrated with the removed system. In some situations, radar systems are integrated with the in-car video system and have a cable that connects to the system, if Axon removes the old in car system then Axon is not responsible for the radar system as part of the removal.

o A “Rip” removal should be contracted through ProLogic directly. The Rip would be similar to a complete and full removal, which is more common when they retire a vehicle from service.

Axon Signal Units have multiple trigger configuration options. Any trigger configurations that include a door or magnetic door switch are considered “custom” and may be subject to additional fees. An Axon representative has discussed with the Agency the standard triggers of the Fleet System. Custom Trigger Those standard triggers include light-bar activation, speed, crash and gun-locks. The light-bar must Installation have a controller to allow Axon to interface for the desired position, gun-locks must be installed with existing hardware in the vehicle. Doors are considered “CUSTOM” since they required additional hardware and time for installation, typically requiring the door may need to be taken apart for the installation.

End-user go-live training provides individual device set up and configuration assistance, training on Training device use, Evidence.com and AXON View XL. End-user go-live training and support is not included in the installation fee scope. DRAFT

Q-271597-44111.676CF 8 4G / Cellular Offload Considerations

The Cradlepoint IBR900-1200 will be the connection which allows 4G upload of recorded video

The customer will ensure that their cellular contract does not allow for data throttling, or service denial, once Network Considerations a set data threshold is met. Throttling or denial of service will negatively affect Fleet upload capabilities.

The MDT's 4G connection will facilitate the upload of recorded video content. Hardware Provisioning The customer will provide all 4G sim cards as required by their mobile provider.

DRAFT

Q-271597-44111.676CF 9 Notes

BuyBoard 568-18 used for pricing and purchasing justification.

This quote is co-termed with quote Q-250766 (executed contract #00027237). Year one has been pro-rated to 9.5 months to align with agency annual billing dates. This has been done according to an anticipated ship date range of 11/01/2020-11/15/2020. The end date of these subscriptions is subject to change if the ship/start date changes.

Axon Fleet hardware contained in this quote will be covered under the Technology Assurance Plan (TAP) and will be eligible for 1 replacement at the same time as the equipment originally deployed on this existing contract as determined by quote Q-250766.

Tax is subject to change at order processing with valid exemption. Axon’s Sales Terms and Conditions

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement HQWHUHGLQWREHWZHHQ$[RQDQG+D\V&RXQW\RQ0D\as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable.Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind thatentity. If you do not have this authority, please do not sign this Quote.

Signature: CustSIG Date: CustDate

Name (Print): CustName Title: CustTitle

PO# (Or write N/A): CustPo

Please sign and email to Danny Thielen at [email protected] or fax to

Thank you for being a valued Axon customer. For your convenience on your next order, please check out our online store buy.axon.com

The trademarks referenced above are the property of their respective owners. DRAFT

***Axon Internal Use Only***

SFDC Contract #:

Order Type: RMA #: Address Used: Review 1 Review 2 SO #:

Comments:

Q-271597-44111.676CF Protect Life. 10 AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM Approve the reappointment of Walt Smith to the Board of Directors of the West Travis County Public Utility Agency (the “WTCPUA”), term ending September 2024.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

CONSENT October 20, 2020

LINE ITEM NUMBER

AUDITOR USE ONLY AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A

REQUESTED BY SPONSOR CO-SPONSOR

SHELL N/A

SUMMARY Pursuant to the Bylaws and Participant Agreement between Hays County, City of Bee Cave, and MUD No.5, all parties must confirm the appointments of the board members.

DRAFT AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM Discussion and possible action to authorize the County Judge to execute a Professional Services Agreement between Hays County and Binkley & Barfield, Inc to perform Utility Coordination for the Windy Hill Road reconstruction project.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

ACTION-ROADS October 20, 2020 $308,230

LINE ITEM NUMBER 5448_008

AUDITOR USE ONLY AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A

REQUESTED BY SPONSOR CO-SPONSOR

Jerry Borcherding JONES N/A

SUMMARY This is a Bond Project with Utility Coordination paid through the Transportation budget.

DRAFT PROFESSIONAL SERVICES AGREEMENT HAYS COUNTY, TEXAS

HAYS COUNTY, a political subdivision of the State of Texas (hereinafter the “County”) with administrative offices at 111 E. San Antonio, Suite 300, San Marcos, Texas 78666, and Binkley and Barfield, Inc. (hereinafter “Contractor”), whose primary place of business is located at 3901 South Lamar Blvd. Suite 430, Austin, Texas 78704, hereby enter into this Professional Services Agreement (hereinafter “Agreement”) effective the 10th day of August, 2020 (hereinafter “Effective Date”). The County and Contractor (collectively “the parties to this Agreement” or “the parties”) agree as follows:

1. OVERVIEW Attached scope of work see Exhibit A-1 Attached fee schedule see Exhibit B Utility Coordination for relocations to accommodate upgrade and reconstruction of Windy Hill Road between Dacy Lane and FM 2001.

2. SERVICES Contractor agrees to perform services for the County in accordance with the County’s instructions and, in particular, the instructions of Jerry Borcherding and/or legal counsel for the Hays County Commissioners Court; and in conformance with the descriptions, definitions, terms, and conditions of this Agreement. The Scope of Services shall be limited to those services and terms attached hereto as Exhibit “A”, and any subsections of Exhibit “A”, if as and when they are attached hereto and signed by the parties (collectively “the Work”). If the parties to this Agreement amend the Work required under this Agreement (by adding or removing specific services and/or terms enumerated in Exhibits “A” and/or “C”), the Compensation cited in Section 5 of this Agreement may also be amended to conform with the change in Scope of Services, as agreed by the parties.

3. ADDITIONAL TERMS Additional Terms and Obligations of the parties to this Agreement, if any, are stated in Exhibit “C”, attached hereto.

4. DURATION The parties agree that the Work shall be completed 365 days after commencement date. (hereinafter the “Completion Date”). In the event that Contractor is unable to complete the Work by the Completion Date, Contractor shall request an extension of the Completion Date in writing no later than fifteen (15) business days prior to the Completion Date. The County may grant extensions of the Completion Date for all reasonable extension requests and shall do so in writing. DRAFT

5. COMPENSATION Contractor will be compensated for the Work on an hourly-charge basis, the terms of which are cited in Contractors rate schedule, which is attached hereto as Exhibit “B.” Despite any reference to Contractors rate schedule, which shall be used to calculate monthly invoice amounts under this Agreement or a change in the Scope of Services (i.e. Amendment), the parties agree

Professional Services Agreement - Page 1 of 10 that the County shall pay Contractor a total fee not to exceed three-hundred eight thousand, two hundred thirty dollars ($308,230.00 USD) for the Work under this Agreement.

6. PAYMENT Contractor shall invoice the County for the Work performed under this Agreement on a monthly basis, beginning at the end of the first full month following the Effective Date. The County agrees to promptly pay all invoices in accordance with Texas Government Code Chapter 2251 and by sending payment to Contractor’s address stated in Section 8, below.

7. NOTICE OF COMPLETION Upon completion of the Work, Contractor shall send a Notice of Completion to the County in writing, and the County shall have the option to inspect the Work (or the product thereof) before it is considered complete under this Agreement. If the County is satisfied that the Work under this Agreement is complete, the County shall send Contractor an Acceptance of Completion in writing. If, after inspection, the County does not agree that the Work is complete or believes that the Work is of deficient quality, the County shall send Contractor a Deficiency Letter, stating the specific aspects of the Work that are incomplete and/or deficient. If, after ten (10) business days from the County’s receipt of Contractor’s Notice of Completion, the County does not send Contractor either an Acceptance of Completion or a Deficiency Letter, the Work under this Agreement shall be considered complete.

8. NOTICE (GENERAL) All notices issued by Contractor under or regarding this Agreement shall be provided in writing to the County at: Hays County, Attn: County Judge, 111 E. San Antonio, Suite 300 San Marcos, Texas 78666; . All notices issued by the County under or regarding this Agreement shall be provided in writing to Contractor at its primary place of business. Notices from one party to another under this Section may be made by U.S. Mail, parcel post, Facsimile, or Electronic Mail, sent to the designated contact at any of the designated addresses cited above.

9. INSURANCE Contractor agrees that, during the performance of all terms and conditions of this Agreement, from the Effective Date until the County’s acceptance of Contractor’s Notice of Completion or until this Agreement is otherwise considered completed as a matter of law, Contractor shall, at its sole expense, provide and maintain Commercial General Liability insurance that meets or exceeds the industry standard for professional services providers in Contractor’s field of employment and for the type of services that are being performed by Contractor under this Agreement. Such insuranceDRAFT coverage shall specifically name the COUNTY as co-insured. This insurance coverage shall cover all perils arising from the activities of Contractor, its officers, directors, employees, agents or sub-contractors, relative to this Agreement. Contractor shall be responsible for any deductibles stated in the policy. A copy of the current Certificate of Liability Insurance is attached hereto as Exhibit “D”. A true copy of each new Certificate of Liability Insurance shall be provided to the COUNTY within seven (7) days of the new policy date at the following address: Office of General Counsel, Hays County Courthouse, 111 East San Antonio, Suite 202, San Marcos, Texas 78666.

Professional Services Agreement - Page 2 of 10

So long as this Agreement is in effect, Contractor shall not cause such insurance to be canceled nor permit such insurance to lapse. All insurance certificates shall include a clause to the effect that the policy shall not be canceled, reduced, restricted or otherwise limited until thirty (30) days after the COUNTY has received written notice as evidenced by a return receipt of registered or certified mail.

10. MUTUAL INDEMNITY Contractor agrees, to the fullest extent permitted by law, to indemnify and hold harmless the County, its officers, directors and employees against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by Contractor’s negligent performance of the Work under this Agreement and that of its subcontractors or anyone for whom the Consultant is responsible or legally liable. The County agrees, to the fullest extent permitted by law, to indemnify and hold harmless Contractor, its officers, directors, employees and subcontractors against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the County's negligent acts in connection with this Agreement. Neither the County nor Contractor shall be obligated to indemnify the other party in any manner whatsoever for the other party's negligence.

11. COMPLIANCE WITH LAWS Each party agrees to comply with all laws, regulations, rules, and ordinances applicable to this Agreement and/or applicable to the parties performing the terms and conditions of this Agreement.

12. SURVIVAL Notwithstanding any termination of this Agreement, the following Sections, and the terms and conditions contained therein, shall remain in effect: 3, 5, 8, 10, 12, 14, 15, 16, 17, 18, 20, 21 and 22.

14. SEVERABILITY If any Section or provision of this Agreement is held to be invalid or void, the other Sections and provisions of this Agreement shall remain in full force and effect to the greatest extent as is possible, and all remaining Sections or provisions of this Agreement shall be construed so that they are as consistent with the parties’ intents as possible.

Professional Services Agreement - Page 3 of 10 15. MULTIPLE COUNTERPARTS This Agreement may be executed in several counterparts, all of which taken together shall constitute one single Agreement between the parties.

16. SECTION HEADINGS, EXHIBITS The Section and Subsection headings of this Agreement, as well as Section 1, Entitled “Overview,” shall not enter in the interpretation of the terms and conditions contained herein, as those portions of the Agreement are included merely for organization and ease of review. The Exhibit(s) that may be referred to herein and may be attached hereto, are incorporated herein to the same extent as if fully set forth herein.

17. WAIVER BY PARTY Unless otherwise provided in writing by the waiving party, a waiver by either of the parties to this Agreement of any covenant, term, condition, agreement, right, or duty that arises under this Agreement shall be considered a one-time waiver and shall not be construed to be a waiver of any succeeding breach thereof or any other covenant, term, condition, agreement, right, or duty that arises under this Agreement.

19. ASSIGNMENT Neither party to this Agreement may assign it duties, interests, rights, benefits and/or obligations under this Agreement, in whole or in part, without the other party’s prior written consent thereto.

20. BINDING EFFECT Subject to any provisions hereof restricting assignment, this Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors, permitted assigns, heirs, executors, and/or administrators.

21. ENTIRE AGREEMENT; AMENDMENT This Agreement (including any and all Exhibits attached hereto) constitutes the entire agreement between the parties hereto with respect to the subject matter hereof. Any amendments to this Agreement must be made in writing and signed by the parties to this Agreement prior to the performance of any terms or conditions contained in said amendments.

22. WORK PRODUCT Any and all product,DRAFT whether in the form of calculations, letters, findings, opinions, or the like, shall be the property of Hays County during and after performance of the Work. Contractor shall have a right to retain a copy of all Work product for record-keeping purposes.

Professional Services Agreement - Page 4 of 10 Agreement up to the date of termination may be invoiced by Contractor after the termination date, and payment of said invoice shall not be unreasonably withheld by the County.

Signatures by the parties to this Professional Services Agreement follow on the next page.

DRAFT

Professional Services Agreement - Page 5 of 10 IN WITNESS WHEREOF, the undersigned have duly executed and delivered this Professional Services Agreement, and hereby declare that THEY HAVE READ AND DO UNDERSTAND AND AGREE TO EACH AND EVERY TERM, CONDITION, AND COVENANT CONTAINED IN THIS AGREEMENT AND IN ANY DOCUMENT INCORPORATED BY REFERENCE.

______Hays County, Texas Binkley & Barfield, Inc.

By: Ruben Becerra By: Brian D Rice Hays County Judge Corporate Vice President

DRAFT

Professional Services Agreement - Page 6 of 10 EXHIBIT A-1

Scope of Work

DRAFT

Professional Services Agreement - Page 7 of 10 EXHIBIT A-1

WORK AUTHORIZATION NO. 3

SERVICES TO BE PROVIDED BY THE ENGINEER UTILITY COORDINATION AND SUBSURFACE UTILITY ENGINEERING (SUE) Windy Hill Rd. – City of Kyle Limits to FM 2001

Scope of Services The Engineer shall perform engineering services described as Utility Adjustment Coordination, Project Management, and Subsurface Utility Engineering (SUE) related to the coordination and/or adjustment of the following ten utilities (please note listed utilities are based on initial Texas One Call and Railroad Commission): • AT&T • Centerpoint Energy – Electrical • Centerpoint Energy – Gas • Charter Communications • Enterprise • Frontier Communications • Pedernales Electric Cooperative • Grande Communications • Guadalupe-Blanco River Authority (GBRA) • Century Link (Level 3)

Task 1 Project Management

1.1 Utility Kick Off Meeting  The Engineer, in association with the County and its designated representatives, will hold a general utility kick off meeting with all utility companies identified in the project area to present the project, schedule and available utility information. 1.2 Utility bi-weekly coordination meetings  The Engineer will hold bi-weekly teleconference calls with all utility companies and designers during the active roadway design phase for up to twelve (12) months to coordinated interface between utility companies and roadway designer for a maximum of 24 meetings. 1.3 Monthly project status and coordination meetings  The Engineer will participate in monthly project status meetings with the County and/or its designated representatives via teleconference calls up to 14 meetings and 4 in-person meetings. (estimated 18 meetings). The meetings will review: o ActivitiesDRAFT completed since the last meeting o Issues encountered o Late activities o Activities required by the next progress meeting o Solutions for unresolved and/or anticipated problems o Information or items required from other agencies/consultants o Review of utility’s proposed adjustments 1.4 Invoicing and Progress Reports

Page 1 of 7

EXHIBIT A-1

WORK AUTHORIZATION NO. 3

SERVICES TO BE PROVIDED BY THE ENGINEER UTILITY COORDINATION AND SUBSURFACE UTILITY ENGINEERING (SUE) Windy Hill Rd. – City of Kyle Limits to FM 2001

 The Engineer will prepare invoices and progress reports monthly (estimated at 18) and send them to the County or its designated representative for review and payment.  Management of work activities o The Engineer will manage all the tasks described in this work authorization and hold weekly internal team meetings (up to 78).

Task 2 Subsurface Utility Engineering This SUE scope of services and associated fee estimate has been prepared taking into consideration the following understanding. If the Scope of Services is revised, the fee will likewise be revised.  Client will provide to BBI any utility records that were previously collected for the project area.  Only utilities made of ferrous materials can be designated (plastic pipes cannot be designated without a tracer wire).  SUE QL-A Test Holes performed on plastic pipes without tracer wires is prospecting for the utility and a charge of a Test Hole will be made for every 24” of excavation.  Ten SUE QL_A Test Holes will be performed on Client selected locations.  The SUE QL-A Test Holes will be laid out by use of SUE QL-B Designation Methodologies  Right of Access onto any private property will be provided to the BBI SUE Group.  Survey and CAD will not be performed by the BBI SUE Group. SUE will review the drawings.  Deliverable will be lath and Hubs at each of the SUE QL-A Test Hole Locations, ready for Survey, Field Drawing of the Test Hole along with pictures.

2.1 Quality Level B SUE Services (Layout for SUE QL-A Test Holes) Quality Level B (QL-B) is to indicate by marking with paint, the presence and approximate horizontal location of subsurface utilities by use of geophysical prospecting techniques including, without limitations, electromagnetic, sonic, and acoustical techniques. BBI will provide the following designating services to aid the Client in the location of existing utilities:  Provide all equipment,DRAFT personnel and supplies required for performing designating services. BBI shall determine which equipment, personnel and supplies are required to perform designating services.  Designate the approximate horizontal location of existing utilities within the project limits as described above.  Mark the utility locations on the ground pursuant to the utility identification color as prescribed by APWA, survey utility marks and map collected data.

Page 2 of 7

EXHIBIT A-1

WORK AUTHORIZATION NO. 3

SERVICES TO BE PROVIDED BY THE ENGINEER UTILITY COORDINATION AND SUBSURFACE UTILITY ENGINEERING (SUE) Windy Hill Rd. – City of Kyle Limits to FM 2001

 Markings on the ground are to be used for design and verification purposes and not for construction excavation purposes. The use of information provided does not relieve any contractor from the duty to comply with applicable utility damage prevention laws and regulations, including, but not limited to, giving notification to utility owners or “One-Call Notification Centers” before excavation.  The accuracy of subsurface data can be influenced by factors beyond our control, such as conductivity of materials and their surroundings, soil moisture content, proximity of other underground utilities or structures, depth of utility, etc. Therefore, only the accuracy of data obtained by actual physical verification (through vacuum or hydro excavation or otherwise) can be guaranteed to applicable engineering and/or surveying standards.

2.2 Quality Level A (QL-A) Test Hole Services Quality Level A (QL-A) Test Hole Services are the location and accurate horizontal and vertical position of subsurface utilities by excavating a test hole using vacuum excavation techniques and equipment that is non-destructive to utilities. In performing locating (test hole) services, BBI will:  Provide all equipment, personnel and supplies required to perform locating services. BBI shall determine which equipment, personnel and supplies are required to perform such services.  Conduct appropriate investigation of site conditions and utilize the Plan Sheets provided by the Client to establish conditions and understand the utility locations.  Excavate test holes at Client selected locations to expose the utility to be measured in such a manner that ensures the safety of the excavation and the integrity of the utility to be measured. In performing such excavations, BBI shall comply with applicable utility damage prevention laws.  Excavations will be performed using specially developed vacuum excavation equipment that is non-destructive to existing facilities. If contaminated soils are discovered during the excavation process, BBI will so notify the Client.  Investigate, evaluate, measure and record: o Actual depth to top of utility referenced to a survey marker installed directly above the centerline of the exposed utility structure and o Outside diameter of utility and configuration of non-encased, multi-conduit systems.DRAFT o Furnish and install survey markers directly above the centerline of utility structure. o Backfill around the exposed facility using pea gravel in the roadways. o Evaluate and compare field information with utility information described in utility records and resolve conflicts.

2.3 Standard of Care

Page 3 of 7

EXHIBIT A-1

WORK AUTHORIZATION NO. 3

SERVICES TO BE PROVIDED BY THE ENGINEER UTILITY COORDINATION AND SUBSURFACE UTILITY ENGINEERING (SUE) Windy Hill Rd. – City of Kyle Limits to FM 2001

BBI will provide all SUE services to the prevailing standard of care applicable to the standard guidelines of ASCE C-I 38-02 circular for “Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data”. 2.4 Data Management BBI will analyze and correlate all of the SUE field-collected information with provided Plan Sheets for ensuring continuity of the information collected.

Task 3 Evaluating Potential Utility Conflicts

Utility Engineering Services includes the identification of utility conflicts, coordination, and resolution of utility conflicts. The Engineer shall coordinate all activities with and the County to facilitate the orderly progress and timely completion of the utility coordination phase. Coordination of utility engineering activities includes:

 The Engineer will keep it up to date the utility contact list provided by the Client throughout the duration of this work authorization  The Engineer will keep an inventory of the existing records provided  Utility Layout: The Engineer shall maintain a utility layout in the latest version of Microstation V8i. This layout shall include all existing utilities which are to remain in place or be abandoned, and all adjusted utilities. This layout will be utilized to monitor and evaluate alternatives. The Engineer will utilize the Layout of existing utilities as prepared, if available, and make a determination of the following: o Facilities in conflict with the proposed project that are to be relocated. o Facilities to be abandoned in place. o Facilities to remain in service and in place.  The Engineer will assist in determining which utilities will conflict with roadway construction, Hays County guidelines, or the “Utility Accommodation Rules” (UAR) and make the utility company aware of these conflicts.  Evaluate Alternatives: The Engineer will evaluate alternatives in the adjustment of utilities balancing the needs of both the County and the Utility.

Task 4 Utility Adjustment Coordination Services: Utility adjustment coordination includes utility coordination meetings with individual utility companies, communicationDRAFT and coordination with utilities, and preparation of utility agreement assemblies, including utility agreements, joint use agreements, and Advanced Funding Agreements (AFA). All utility coordination activities will be in accordance with State’s ROW Utility Manual, the Utility Accommodation Rules “UAR”, or as directed by the County or the State.

Utility Adjustment Coordination:

Page 4 of 7

EXHIBIT A-1

WORK AUTHORIZATION NO. 3

SERVICES TO BE PROVIDED BY THE ENGINEER UTILITY COORDINATION AND SUBSURFACE UTILITY ENGINEERING (SUE) Windy Hill Rd. – City of Kyle Limits to FM 2001

 The Engineer shall perform utility coordination and liaison activities with involved utility owners, their consultants, Hays County and the State to achieve timely project notifications, formal coordination meetings, conflict analysis and resolution. The Engineer shall act as the “Responsible Party” as indicated in the State – Utility Cooperative Management Process (See State ROW Utility Manual, chapter 2). We shall also ensure that all utility conflicts are resolved as mutually agreed by all parties, help establish, coordinate, and update design and sequence of utility work schedules, and track the schedule of all agreement assemblies.

 The Engineer shall coordinate all activities with Hays County and the State, or their designee, to facilitate the orderly progress and timely completion of the project design phase. We shall be responsible for the following: o Written Project Notifications. Provide written notification letters and associated roadway plans (PDF and *.dgn) at each design milestone to all Utility Companies o External Communications. Coordinate all activities with the design consultant or other contractors or representatives, as authorized by Hays County. We will also provide copies of diaries, correspondence and other documentation of work-related communications between the Binkley & Barfield, utility owners and other outside entities when requested by the County or State.

 The Engineer will hold project review meetings with the utility providers following the 60%, 90% and final utility sets of plans to resolve comments with the utility providers.

 The Engineer shall conduct group and individual meetings with utility companies, as required to facilitate utility conflict identification and resolution. o The Engineer shall establish contact with existing Utility Companies within and adjacent to the Project and set up utility coordination meetings to discuss concepts and options for construction. o Set agendaDRAFT for all coordination meetings as directed by the and Hays County.

The work authorization includes up to (4) group utility meetings and (20) individual meetings with the utility companies, including meeting preparation, travel time, time, and meeting minutes.

 Utility Assemblies: The Engineer shall coordinate, secure, and prepare a

Page 5 of 7

EXHIBIT A-1

WORK AUTHORIZATION NO. 3

SERVICES TO BE PROVIDED BY THE ENGINEER UTILITY COORDINATION AND SUBSURFACE UTILITY ENGINEERING (SUE) Windy Hill Rd. – City of Kyle Limits to FM 2001

packaged agreement consisting of a Standard Utility Agreement and its’ attachments including plans on 11x17 sheets and schedule of work for each relocating utility. o Utility Agreement: For this project, there are Reimbursable and Non- Reimbursable agreements that shall be submitted. The Engineer shall furnish the appropriate form to the utility company and assist them with the adjustment plan preparation. The utility company should submit the permit, adjustment plans, and schedule to the Engineer for review. The Engineer shall assist in reviewing the plans to ensure compliance with the UAR and to ensure that the proposal will not conflict with highway construction. The utility company will submit the permit online upon approval by the Engineer. The responsibility for quality and accuracy of utility adjustment plans will remain with the Utility Company. o The Engineer shall assist the utility companies in the preparation of required agreements associated with the funding of adjustments and the occupation of county and/or state right of way; all agreements will be prepared according to Hays County and/or the State’s ROW Utility Manual and conforms to the UAR-rules and regulations. Any discrepancies or disagreements concerning the preparation of the agreements in which a higher degree of attention may be required, and we shall be responsible for obtaining all necessary documents or other material to complete same.

(5) Reimbursable utilities and (4) non-reimbursable utilities are anticipated on this project.

 Utility Billings. The Engineer will receive and review all invoices sent by reimbursable utilities for accuracy and compliance with the executed utility agreements. If needed, the Engineer will request any missing documentation required to support the invoice from the utility. After completion of the review, the invoice with supporting documentation, recommendation for payment, partial payment form and a payment summary will be forwarded to the County or its Designated Representative for approval and payment. DRAFT Estimated (5) utility billings

Exclusions  Railroad Permitting  Construction Phase Services

Page 6 of 7

EXHIBIT A-1

WORK AUTHORIZATION NO. 3

SERVICES TO BE PROVIDED BY THE ENGINEER UTILITY COORDINATION AND SUBSURFACE UTILITY ENGINEERING (SUE) Windy Hill Rd. – City of Kyle Limits to FM 2001

 As-built drawings  Utilities being relocated by contractor

DRAFT

Page 7 of 7

EXHIBIT B Fee/Rate Schedule

FEE SCHEDULE SHALL BE INSERTED AT THE TIME OF AGREEMENT/CONTRACT EXECUTION

DRAFT

-- EXHIBIT “C” --

Additional Terms to the Services provided by Contractor, if any, are as follows:

A. N/A

B.______

C.______

D.______

E.______

F.______

G.______

H.______

I.______

J.______

K.______

L.______DRAFT

Professional Services Agreement - Page 9 of 10 EXHIBIT D

Certificate of Insurance

DRAFT

Professional Services Agreement - Page 10 of 10 AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM Discussion and possible action to authorize the County Judge to execute a Professional Services Agreement between Hays County and Cobb Fendley, Inc to perform ROW Acquisition Services for the Windy Hill Road reconstruction project.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

ACTION-ROADS October 20, 2020 $599,794.00

LINE ITEM NUMBER 5448_008

AUDITOR USE ONLY AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A

REQUESTED BY SPONSOR CO-SPONSOR

Jerry Borcherding JONES N/A

SUMMARY This is a Bond Project with ROW Acquisition Services paid through the Transportation budget.

DRAFT PROFESSIONAL SERVICES AGREEMENT HAYS COUNTY, TEXAS

HAYS COUNTY, a political subdivision of the State of Texas (hereinafter the “County”) with administrative offices at 111 E. San Antonio, Suite 300, San Marcos, Texas 78666, and Cobb Fendley & Associates, Inc. hereinafter “Contractor”), whose primary place of business is located at 320 Barnes Drive, Suite 106, San Marcos, TX 78666, hereby enter into this Professional Services Agreement (hereinafter “Agreement”) effective the _____ day of ______, 2020 (hereinafter “Effective Date”). The County and Contractor (collectively “the parties to this Agreement” or “the parties”) agree as follows:

1. OVERVIEW Right of Way acquisition services for proposed improvements to Windy Hill Road project from the city of Kyle City Limits to FM 2001.

2. SERVICES Contractor agrees to perform services for the County in accordance with the County’s instructions and, in particular, the instructions of Jerry Borcherding, County Engineer and/or legal counsel for the Hays County Commissioners Court; and in conformance with the descriptions, definitions, terms, and conditions of this Agreement. The Scope of Services shall be limited to those services and terms attached hereto as Exhibit “A”, and any subsections of Exhibit “A”, if as and when they are attached hereto and signed by the parties (collectively “the Work”). If the parties to this Agreement amend the Work required under this Agreement (by adding or removing specific services and/or terms enumerated in Exhibits “A” and/or “C”), the Compensation cited in Section 5 of this Agreement may also be amended to conform with the change in Scope of Services, as agreed by the parties.

3. ADDITIONAL TERMS Additional Terms and Obligations of the parties to this Agreement, if any, are stated in Exhibit “C”, attached hereto.

4. DURATION The parties agree that the Work shall be completed Three hundred sixty five (365) days after commencement date. (hereinafter the “Completion Date”). In the event that Contractor is unable to complete the Work by the Completion Date, Contractor shall request an extension of the Completion Date in writing no later than fifteen (15) business days prior to the Completion Date. The County may grant extensions of the Completion Date for all reasonable extension requests and shall do so in writing.

5. COMPENSATIONDRAFT Contractor will be compensated for the Work on an hourly-charge basis, the terms of which are cited in Contractors rate schedule, which is attached hereto as Exhibit “B.” Despite any reference to Contractors rate schedule, which shall be used to calculate monthly invoice amounts under this Agreement or a change in the Scope of Services (i.e. Amendment), the parties agree that the County shall pay Contractor a total fee not to exceed Eight Hundred Twenty Five Thousand, Seven Hundred and Three Dollars ($825,703.00 USD) for the Work under this

Professional Services Agreement - Page 1 of 13 Agreement.

9. INSURANCE Contractor agrees that, during the performance of all terms and conditions of this Agreement, from the Effective Date until the County’s acceptance of Contractor’s Notice of Completion or until this Agreement is otherwise considered completed as a matter of law, Contractor shall, at its sole expense, provide and maintain Commercial General Liability insurance that meets or exceeds the industry standard for professional services providers in Contractor’s field of employment and for the type of services that are being performed by Contractor under this Agreement. Such insurance coverage shall specifically name the COUNTY as co-insured. This insurance coverage shallDRAFT cover all perils arising from the activities of Contractor, its officers, directors, employees, agents or sub-contractors, relative to this Agreement. Contractor shall be responsible for any deductibles stated in the policy. A copy of the current Certificate of Liability Insurance is attached hereto as Exhibit “D”. A true copy of each new Certificate of Liability Insurance shall be provided to the COUNTY within seven (7) days of the new policy date at the following address: Office of General Counsel, Hays County Courthouse, 111 East San Antonio, Suite 202, San Marcos, Texas 78666.

Professional Services Agreement - Page 2 of 13 So long as this Agreement is in effect, Contractor shall not cause such insurance to be canceled nor permit such insurance to lapse. All insurance certificates shall include a clause to the effect that the policy shall not be canceled, reduced, restricted or otherwise limited until thirty (30) days after the COUNTY has received written notice as evidenced by a return receipt of registered or certified mail (10 days’ notice for cancellation due to non-payment of premium).

13. FORCE MAJEURE Either of the parties to this Agreement shall be excused from any delays and/or failures in the performance of the terms and conditions of this agreement, to the extent that such delays and/or failures result from causes beyond the delaying/failing party’s reasonable control, including but not limited to Acts of God, Forces of Nature, Civil Riot or Unrest, and Governmental Action that was unforeseeable by all parties at the time of the execution of this Agreement. Any delaying/failing party shall, with all reasonable diligence, attempt to remedy the cause of delay and/or failure and shall recommence all remaining duties under this Agreement within a reasonable time of such remedy. DRAFT 14. SEVERABILITY If any Section or provision of this Agreement is held to be invalid or void, the other Sections and provisions of this Agreement shall remain in full force and effect to the greatest extent as is possible, and all remaining Sections or provisions of this Agreement shall be construed so that they are as consistent with the parties’ intents as possible.

Professional Services Agreement - Page 3 of 13 15. MULTIPLE COUNTERPARTS This Agreement may be executed in several counterparts, all of which taken together shall constitute one single Agreement between the parties.

Professional Services Agreement - Page 4 of 13 Agreement up to the date of termination may be invoiced by Contractor after the termination date, and payment of said invoice shall not be unreasonably withheld by the County.

Signatures by the parties to this Professional Services Agreement follow on the next page.

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Professional Services Agreement - Page 5 of 13 IN WITNESS WHEREOF, the undersigned have duly executed and delivered this Professional Services Agreement, and hereby declare that THEY HAVE READ AND DO UNDERSTAND AND AGREE TO EACH AND EVERY TERM, CONDITION, AND COVENANT CONTAINED IN THIS AGREEMENT AND IN ANY DOCUMENT INCORPORATED BY REFERENCE.

Cobb Fendley & Associates, Inc. ______Hays County, Texas

By: Ruben Becerra By: ______Hays County Judge Dan Warth Executive Vice President

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Professional Services Agreement - Page 6 of 13 EXHIBIT A-1

Windy Hill Project August 3, 2020

Scope of Work for Right of Way Services

Client: Hays County Project Owner: Hays County ROW Consultant: CobbFendley

1) Project Management

a) Communication

i) Prepare and deliver regular monthly invoices. Invoices will be provided to Client within Fourteen (14) days, after the last day of each month.

(1) CobbFendley shall pay all subcontractors for work performed within ten (10) days after payment is received from Client.

ii) Prepare initial property owner contact list.

iii) Attend status meetings as requested with Client and Project Team. The attendance of the status meetings will be on an as needed basis, as requested by Client or Project Owner.

iv) Prepare and deliver a monthly written report to Client on the status of service, tasks completed, and service tasks remaining, in order to bring each parcel into possession of the Project Owner.

b) File Management

i) All project and parcel documents will be kept in the CobbFendley San Marcos office and on the CobbFendley computer server, with permanent records in digital/electronic format transferred to the Project Owner, once project is complete.

ii) Maintain records of all payments to property owners including amount and date paid. Electronic copies will be provided to the Client.

iii) Maintain copies of all correspondence and contacts with property owners. Electronic copies will be provided to the Client at the end of the project or upon request.

2) Right of Entry a) Research property ownership b) Maintain copiesDRAFT of correspondence and contacts with property owners. c) Contact property owner by phone and/or letter requesting signature on the Right of Entry Agreement (ROE). d) Seek to obtain signed ROE from property owner for the purposes outlined by Client. e) Transmit copies of the signed ROEs to Client.

Professional Services Agreement - Page 7 of 13 3) Real Estate Appraisal Services

a) Appraiser will prepare and conduct personal pre-appraisal contact with interest owners or their designated representative for each parcel and offer opportunity to accompany the Appraiser on the inspection of the subject property.

b) As necessary, prepare written notification to the Client and Project Owner of any environmental concerns associated with the right of way to be acquired that could require environmental remediation.

c) Appraisal Report i) Appraiser shall prepare an appraisal report for each parcel to be acquired in compliance with the Uniform Standards of Professional Appraisal Practice as promulgated by the Appraisal Foundation.

4) Negotiation Services

a) CobbFendley shall analyze preliminary Title Commitment report to determine potential title problems and prepare a title curative plan outlining methods to cure title deficiencies.

b) Secure Title Commitment updates in accordance with insurance rules and requirements for parcel payment submissions. Any fees associated with the title commitments, insurance and title curative are not included in the scope or fee.

c) CobbFendley shall analyze appraisal report(s) and confirm the Project Owner approved value prior to making offer for each parcel.

d) CobbFendley shall prepare and send the letter transmitting the Landowner’s Bill of Rights by Certified Mail-Return Receipt Requested (CMRRR) to owner of each parcel.

e) CobbFendley shall prepare all documents required on forms approved by the Project Owner and in compliance with State and Federal laws. (i.e.; the initial offer letter, purchase agreement, instruments of conveyance)

f) CobbFendley will send the written offers and appraisal report(s) to each property owner or the property owner’s designated representative through CMRRR.

g) Maintain follow-up contacts and secure the necessary instruments upon acceptance of the offer for the closing.

h) CobbFendley shall respond to property owner inquiries verbally and in writing within two (2) business days.

i) CobbFendley shall prepare and maintain a contact log for each parcel.

j) The curative services necessary to provide a clear title to the Project Owner are the responsibility of CobbFendleyDRAFT and thus are part CobbFendley’s fee for Negotiation Services. Fees charged by financial institutions to process lien releases or title escrow fees will be passed through without mark-up and are not included in the CobbFendley services fee.

k) CobbFendley performs closing services in conjunction with the Title Company and will be required to attend closings. In the event of a closing by mail, title work shall be reviewed prior to the closing by mail and again prior to recording of the instrument.

Professional Services Agreement - Page 8 of 13 l) CobbFendley shall cause the recordation of all original instruments immediately after closing at the County Clerk’s Office, except for donations, which must be forwarded to the Client for acceptance by Commissioners Court prior to recording. These costs are reimbursed as pass- through costs.

m) CobbFendley shall advise property owner of counteroffer process, assist them with the preparation of the counteroffer package, and shall transmit written counteroffer to Project Owner.

5) Relocation Assistance Services for Business, Residential, and Personal Property/Storage Units

a) CobbFendley shall notify all Client and Project Owner approved displacees of eligibility for relocation assistance.

b) CobbFendley shall provide on-going relocation assistance and advisory services to displacees affected by the acquisition of right of way and shall deliver required utilize forms and notices consistent with TxDOT standard forms and notices.

c) On-going advisory services include monitoring the move and any necessary relocation activities taken by the displacee. Frequency and manner for monitoring the move must match the complexity of the relocation.

i) CobbFendley will provide an executed TxDOT form ROW-R-CE for the Certification of Eligibility Form with all displacee claims.

ii) CobbFendley will provide a Relocation Advisory Assistance record per parcel.

iii) Request for Move expenses shall be submitted on forms consistent with TxDOT forms and must include: (a) a move plan, written inventory signed and dated by the displacee (or their representative) and the Relocation Agent; and (b) Negotiated Self-Move shall have a minimum of two bids from commercial movers and supporting vendors. (c) Fixed Moves will be submitted based on the Fixed Room Count Schedule found in the TxDOT Relocation Manual under residential moves.

d) CobbFendley shall provide 90-day notice to the displace:

i) Deliver the 90-day notice and benefits package at the same time as the written offer to purchase is delivered or after personal interview with the displacee.

ii) CobbFendley will personally interview each displacee during which time the Relocation Agent determines the type, needs and eligibilities of the displace.

iii) CobbFendley shall perform a decent, safe and sanitary (DSS) inspection of replacement housing andDRAFT complete appropriate forms for Client and Project Owner. e) CobbFendley shall provide 30-day notice to vacate once the Project Owner has possession of the property.

f) CobbFendley shall immediately notify the Client if the displacee does not vacate the premises after 30-day notice expires.

Professional Services Agreement - Page 9 of 13

6) Condemnation Support Services (Pre-Hearing Support)

a) CobbFendley shall, upon receipt of a copy of the final offer by parcel owner, request an updated Title commitment for Eminent Domain from the Title Company.

b) CobbFendley shall prepare and provide a memo requesting condemnation proceedings using information from the Title Commitment and all other available sources to join all interested parties.

c) CobbFendley shall prepare and deliver to Project Owner packets containing all documents and contents of the parcel file.

d) Beyond delivery of items listed above, any fees for the preparation, time and testimony provided by CobbFendley or the appraiser(s), related to any condemnation hearing proceedings, will be handled by the Project Owner.

7) To be provided by Client or Project Owner

a) Copies of all appraisal reports produced or acquired by the Project Owner relating specifically to each parcel prepared in the last 10 years.

b) Schematics and field notes of project.

c) Timely reviews and approval of all submissions.

d) All necessary standard forms and brochures.

e) Process and issue all payments of approved purchase prices for each parcel, relocation payments, and incidental expenses involved in the transfer of property to the Project Owner.

a) Fees charged by financial institutions to process lien releases or title escrow fees.

b) Final approval for all appraisals, relocation supplements, and relocation move payments, including paying movers for a cost estimate for moving personal property.

c) Environmental investigation surveys.

d) Payment of costs charged by the Title Company for preliminary title commitments.

e) Payment of costs of incidental expenses required to transfer real property to the Project Owner.

f) Responsible for the disposal of property and the accommodation, coordination, verification and adjustment of utilities.

DRAFT

Professional Services Agreement - Page 10 of 13

EXHIBIT B Fee/Rate Schedule

FEE SCHEDULE SHALL BE INSERTED AT THE TIME OF AGREEMENT/CONTRACT EXECUTION

DRAFT

-- EXHIBIT “C” --

Additional Terms to the Services provided by Contractor, if any, are as follows:

A. N/A

B.______

C.______

D.______

E.______

F.______

G.______

H.______

I.______

J.______

K.______

L.______DRAFT

Professional Services Agreement - Page 12 of 13 EXHIBIT D

Certificate of Insurance

DRAFT

Professional Services Agreement - Page 13 of 13 AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM Discussion and possible action to authorize the execution of a Supplemental Agreement No. 7 to the Professional Service Agreement with HNTB Corporation for the Pass-Through Finance Program Management effort in Hays County, increasing the Compensation Cap by $100,000.00 from $7,615,500.00 to $7,715,500.00 and extending the termination date of the contract to September 30, 2021.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

ACTION-ROADS October 20, 2020 $100,000.00

LINE ITEM NUMBER

AUDITOR USE ONLY AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A

REQUESTED BY SPONSOR CO-SPONSOR Michael J. Weaver, HNTB / Jerry Borcherding, Transportation JONES N/A Director

SUMMARY The execution of this supplemental to the program management contract assigned to HNTB Corporation on April 1, 2020 will extend the termination date to September 30, 2021. The time extension and budget should carry the program management effort to continue close out and turnover efforts of the final pass through project FM 1626 South to TxDOT as well as assist the County Auditor's in repair/replacement of traffic counter equipment and transferring TxDOT invoicing to their office.

DRAFT

DocuSign Envelope ID: 76FE0335-A9B9-4E9E-99C2-5E8617D230EE

CONTRACT FOR ENGINEERING SERVICES SUPPLEMENTAL AGREEMENT NO. 7 TO THE PROFESSIONAL SERVICES AGREEMENT

STATE OF TEXAS § COUNTY OF HAYS §

THIS SUPPLEMENTAL AGREEMENT to contract for engineering services is by and between Hays County, Texas, a political subdivision of the State of Texas, (the "County") and HNTB Corporation (the "Program Manager") and becomes effective when fully executed by both parties.

WHEREAS, the County and the Program Manager executed a contract on August 22, 2006 and Supplemental #1 on February 3, 2009, Supplemental #2 on May 15, 2012, Supplemental #3 on November 13, 2012, Supplemental #4 on February 17, 2015, Supplemental #5 on May 1, 2018, and Supplemental #6 on August 13, 2019; and,

WHEREAS, the not-to-exceed fee in Exhibit II, Section 1, Item 1.1 in the agreement is set at $1,000,000.00 and was amended to $3,845,000.00 through Supplemental #1 and was amended to $5,545,000.00 through Supplemental #2 and was amended to $5,865,000.00 through Supplemental #3 and was amended to $6,965,000.00 through Supplemental #4 and was amended to $7,390,500.00 through Supplemental #5 and was amended to $7,615,500.00 through Supplemental #6; and,

WHEREAS, the contract for engineering services between Hays County, Texas and Prime Strategies, Inc. was assigned to_HNTB Corporation on April 1, 2020; and,

WHEREAS, it has become necessary to amend the agreement.

AGREEMENT

NOW, THEREFORE, premises considered, the County and the Program Manager agree that said contract is amended as follows:

I. The not-to-exceed fee in Exhibit 1, Section 1, Item 1. I is hereby increased from $7,615,500.00 to $7,715,500.00 reflecting an increase of $100,000.00.

II. This Supplemental No. 7 to the Professional Service Agreement shall become effective on date of final signatureDRAFT and shall terminate on September 30, 2021, unless extended by a supplemental contract amendment.

All other provisions are unchanged and remain in full force and effect.

1 DocuSign Envelope ID: 76FE0335-A9B9-4E9E-99C2-5E8617D230EE

IN WITNESS WHEREOF, the County and the Program Manager have executed this supplemental agreement in duplicate,

Program Manager: County: HNTB Corporation Hays County, Texas

By: By:______Signature Signature

Michelle Dippel Printed Name Printed Name

Vice President Title Title

9/18/2020

Date Date

DRAFT

2 AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM Discussion and possible action to authorize the execution of Supplemental No. 7 to a Professional Service Agreement (PSA) with HNTB Corporation for $520,000.00 to continue providing General Engineering Consultant (GEC)/Program Management services for the Hays County/TxDOT Partnership Program projects.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

ACTION-ROADS October 20, 2020 $520,000.00

LINE ITEM NUMBER

AUDITOR USE ONLY AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A

REQUESTED BY SPONSOR CO-SPONSOR Michael J. Weaver, HNTB / Jerry Borcherding, Transportation JONES INGALSBE Director

DRAFT

CONTRACT FOR ENGINEERING SERVICES SUPPLEMENTAL AGREEMENT NO. 7 TO THE PROFESSIONAL SERVICES AGREEMENT

STATE OF TEXAS § COUNTY OF HAYS §

WHEREAS, the County and the Program Manager executed a contract on July 23, 2013 and Supplemental #1 on November 12, 2013, Supplemental #2 on September 6, 2016, Supplemental #3 on September 30, 2016, Supplemental #4 on October 3, 2017, Supplemental #5 on February 5, 2019, and Supplemental #6 on September 24, 2019; and,

WHEREAS, the not-to-exceed fee in Exhibit II, Section 1, Item 1.1 in the agreement is set at $250,000.00 and was amended to $2,474,000.00 through Supplemental #1 and was amended to $2,509,000.00 through Supplemental #2 and was amended to $3,696,500.00 through Supplemental #3 and was amended to $4,896,500.00 through Supplemental #4 and was amended to $5,973,500.00 through Supplemental #5 and was amended to $6,673,500.00 through Supplemental #6; and,

WHEREAS, the contract for engineering services between Hays County, Texas and Prime Strategies, Inc. was assigned to HNTB Corporation on April 1, 2020; and,

WHEREAS, it has become necessary to amend the agreement.

AGREEMENT

NOW, THEREFORE, premises considered, the County and the Program Manager agree that said contract is amended as follows:

I. The not-to-exceed fee in Exhibit 1, Section 1, Item 1. is hereby increased from $6,673,500.00 to $7,193,500.00 reflecting an increase of $520,000.00.

II. This Supplemental No. 7 to the Professional Service Agreement shall become effective on October 1, 2020 and shall terminate on September 30, 2021, unless extended by a supplemental contract amendment.DRAFT All other provisions are unchanged and remain in full force and effect.

1 IN WITNESS WHEREOF, the County and the Program Manager have executed this supplemental agreement in duplicate,

PROGRAM MANAGER: COUNTY: HNTB Corporation Hays County, Texas

By: By:______Signature Signature Michelle Dippel ______Printed Name Printed Name Vice President _ Title Title 9/22/2020 ______Date Date

DRAFT

2 AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM Discussion and possible action to authorize the County Judge to execute a Professional Services Agreement/Contract between Hays County and LJA Engineering, Inc. to provide Right-of-Way Acquisition services for Darden Hill/Sawyer Ranch Road Intersection Round-About project in Precinct 4 as part of the Road Bond Program.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

ACTION-ROADS October 20, 2020 $48,200.00

LINE ITEM NUMBER

AUDITOR USE ONLY AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A

REQUESTED BY SPONSOR CO-SPONSOR

Jerry H. Borcherding, P.E., Transportation Director SMITH N/A

SUMMARY The Darden Hill/Sawyer Ranch Road Intersection Round-About (Phase 1) [20-867-020] ROW acquisition will be funded through the Transportation Department and is one of the highest priorities in Precinct 4 and in the County. The intersection improvements will serve the existing school facilities and the proposed new school site. LJA Engineering, Inc. was selected by the Commissioners Court to enter into contract negotiations on June 23, 2020, granting an exemption to formal procurement pursuant to Texas Local Government Code Section 262.024(a)(4) (professional services). The process to initially select an engineering consultant to negotiate a scope of work and fee proposal, with subsequent action by the Hays County Commissioners Court to approve the contract integrating the negotiated scope of work and fee proposal, follows the process set forth in the Hays County Purchasing Policy and Procedures Manual, revised May 30, 2017. DRAFT

PROFESSIONAL SERVICES AGREEMENT HAYS COUNTY, TEXAS

HAYS COUNTY, a political subdivision of the State of Texas (hereinafter the “County”) with administrative offices at 111 E. San Antonio, Suite 300, San Marcos, Texas 78666, and LJA ENGINEERING, INC. hereinafter “Contractor”), whose primary place of business is located at 3600 W. Sam Houston Parkway S., Suite 600, Houston, Texas 77042, hereby enter into this Professional Services Agreement (hereinafter “Agreement”) effective the ___ day of ______, 2020 (hereinafter “Effective Date”). The County and Contractor (collectively “the parties to this Agreement” or “the parties”) agree as follows:

1. OVERVIEW Right of way services for the acquisition of fee simple rights on the Darden Hill at Sawyer Road Roundabout project.

3. ADDITIONAL TERMS Additional Terms and Obligations of the parties to this Agreement, if any, are stated in Exhibit “C”, attached hereto.

4. DURATION The parties agree that the Work shall be completed one-hundred eighty (180) days after commencement date. (hereinafter the “Completion Date”). In the event that Contractor is unable to complete the Work by the Completion Date, Contractor shall request an extension of the Completion Date in writing no later than fifteen (15) business days prior to the Completion Date. The County may grant extensions of the Completion Date for all reasonable extension requests and shall do so in writing.

5. COMPENSATIONDRAFT Contractor will be compensated for the Work on an hourly-charge basis, the terms of which are cited in Contractors rate schedule, which is attached hereto as Exhibit “B.” Despite any reference to Contractors rate schedule, which shall be used to calculate monthly invoice amounts under this Agreement or a change in the Scope of Services (i.e. Amendment), the parties agree that the County shall pay Contractor a total fee not to exceed Forty-Eight Thousand Two Hundred Dollars and No/100 ($48,200.00 USD) for the Work under this Agreement.

Professional Services Agreement - Page 1 of 13 6. PAYMENT Contractor shall invoice the County for the Work performed under this Agreement on a monthly basis, beginning at the end of the first full month following the Effective Date. The County agrees to promptly pay all invoices in accordance with Texas Government Code Chapter 2251 and by sending payment to Contractor’s address stated in Section 8, below.

9. INSURANCE Contractor agrees that, during the performance of all terms and conditions of this Agreement, from the Effective Date until the County’s acceptance of Contractor’s Notice of Completion or until this Agreement is otherwise considered completed as a matter of law, Contractor shall, at its sole expense, provide and maintain Commercial General Liability insurance that meets or exceeds the industry standard for professional services providers in Contractor’s field of employment and for the type of services that are being performed by Contractor under this Agreement. Such insurance coverage shall specifically name the COUNTY as co-insured. This insurance coverage shall cover all perils arising from the activities of Contractor, its officers, directors, employees,DRAFT agents or sub-contractors, relative to this Agreement. Contractor shall be responsible for any deductibles stated in the policy. A copy of the current Certificate of Liability Insurance is attached hereto as Exhibit “D”. A true copy of each new Certificate of Liability Insurance shall be provided to the COUNTY within seven (7) days of the new policy date at the following address: Office of General Counsel, Hays County Courthouse, 111 East San Antonio, Suite 202, San Marcos, Texas 78666.

No employee or agent of Contractor shall have individual liability to County. County agrees that, to the fullest extent permitted by law, Contractor's total liability to County for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to this Agreement from any causes including, but not limited to, Contractor's negligence, errors, omissions, strict liability, or breach of contract and whether claimed directly or by way of contribution shall not exceed the proceeds of the insurance required by this Agreement.

13. FORCE MAJEURE Either of the parties to this Agreement shall be excused from any delays and/or failures in the performance of the termsDRAFT and conditions of this agreement, to the extent that such delays and/or failures result from causes beyond the delaying/failing party’s reasonable control, including but not limited to Acts of God, Forces of Nature, Civil Riot or Unrest, and Governmental Action that was unforeseeable by all parties at the time of the execution of this Agreement. Any delaying/failing party shall, with all reasonable diligence, attempt to remedy the cause of delay and/or failure and shall recommence all remaining duties under this Agreement within a reasonable time of such remedy.

Professional Services Agreement - Page 3 of 13 14. SEVERABILITY If any Section or provision of this Agreement is held to be invalid or void, the other Sections and provisions of this Agreement shall remain in full force and effect to the greatest extent as is possible, and all remaining Sections or provisions of this Agreement shall be construed so that they are as consistent with the parties’ intents as possible.

15. MULTIPLE COUNTERPARTS This Agreement may be executed in several counterparts, all of which taken together shall constitute one single Agreement between the parties.

18. GOVERNING LAW AND VENUE THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. Any lawsuit, claim, or action, whether in law or in equity, arising from this Agreement will be brought in Hays County, Texas. Notwithstanding any provision of this Agreement to the contrary, in no event shall either party be liable to the other for consequential, incidental, punitive, special, or exemplary damages, including lost revenues, profits, delays, or other economic loss arising from any cause including breach of warranty, breach of contract, tort, strict liability or any other cause whatsoever.

20. BINDING EFFECT Subject to any provisions hereof restricting assignment, this Agreement shall be binding upon and shall inure to theDRAFT benefit of the parties hereto, and their respective successors, permitted assigns, heirs, executors, and/or administrators.

Professional Services Agreement - Page 4 of 13 performance of any terms or conditions contained in said amendments.

22. WORK PRODUCT Any and all product, whether in the form of calculations, letters, findings, opinions, or the like, shall be the property of Hays County during and after performance of the Work. Contractor shall have a right to retain a copy of all Work product for record-keeping purposes.

23. TERMINATION BY COUNTY This Agreement may be terminated by Hays County, for any reason whatsoever, by providing thirty (30) days written notice to Contractor. Any approved services provided under this Agreement up to the date of termination may be invoiced by Contractor after the termination date, and payment of said invoice shall not be unreasonably withheld by the County. Contractor shall have the right to terminate this Agreement, or any part thereof, at any time so long as no services authorized by Hays County are pending completion upon thirty (30) days' written notice to County. Contractor's sole right to compensation as a result of such termination shall be limited to (a) amounts due and payable by County under this Agreement which were incurred prior to the effective date of termination and which have not been paid, and (b) amounts due and owing for services executed prior to the effective date of termination.

24. STATUTORY TERMS APPLICABLE TO STATE POLITICAL SUBDIVISIONS As required by Chapter 2270, Government Code, Contractor hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.

Signatures by the parties to this Professional Services Agreement follow on the next page. DRAFT

______Hays County, Texas LJA Engineering, Inc.

By: Ruben Becerra By: Kenneth G. Schrock, P. E. Hays County Judge Senior Vice President

DRAFT

Professional Services Agreement - Page 6 of 13 EXHIBIT A

Scope of Services

Darden Hill Road at Sawyer Ranch Road Hays County and LJA Engineering Inc.

I. Project Management and Coordination A. Attend project review meetings and coordinate with project team or authorized representatives, as needed. B. Prepare monthly invoices. C. Provide monthly project status reports. D. Set up and maintain project files. E. Prepare introduction letters and provide Landowner’s Bill of Rights to each affected property owner. F. Maintain records of all payments to landowners.

II. Preliminary Title A. Obtain preliminary commitments for title insurance to identify ownership, easements, restrictions, and other encumbrances from Title Company. B. Cost of preliminary title commitments and searches will be paid by the Client and is not included in this fee schedule. C. Research tax appraisal district data.

III. Appraisal Services A. Contact property owners or their designated representative to offer opportunity to accompany the appraiser on the appraiser’s inspection of subject property. Maintain record of contact in file. B. Prepare complete appraisal report for each parcel to be acquired. These reports will be developed and prepared in conformity with and subject to the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation DRAFT and Code of Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. C. As necessary, prepare written notification to Client of any environmental concerns observed within the right of way to be acquired, which could require environmental remediation. Environmental site assessments are not included in this scope of services.

Professional Services Agreement - Page 7 of 13 D. All completed appraisals will be administratively reviewed and approved by client / designee.

IV. Negotiation Services A. Pre-Offer Preparation. 1. Site inspection. 2. Review project map and plans. 3. Prepare introduction letters to each affected property owner and will include Landowner’s Bill of Rights. 4. Review field notes. 5. Review title report. 6. Obtain Client’s approval/authorization to make offer. 7. Call landowner to set up meeting either on-site or virtually. 8. Prepare offer letter and offer package. B. Initial Offer. 1. Review appraisal. 2. An attempt will be made to meet with owner to present offer in person, based on the appraisal, or only by mail depending on recommended guidelines and landowner preference at the time of the offer. The offer package will be mailed via certified mail, return receipt requested, and include Landowner’s Bill of Rights. C. Post Offer Response. 1. Negotiations and follow up with property owners. 2. Review all counter-offers and prepare summary with recommendation. 3. Prepare and mail final offer letter if owner rejects initial offer (per state law). The final offer package will be mailed via certified mail, return receipt requested, and include Landowner’s Bill of Rights. The final offer package will also include the conveyance instruments with any applicable deed and/or easement documents. 4. At the Client’sDRAFT direction, a Possession and Use Agreement will be prepared. V. Title Curative Services A. Obtain services of Title Company to provide title commitments and title policies. B. Review Title Commitments. 1. Review of restrictive covenants and other land restrictions. 2. Determine non-pertinent abstracts of judgment and liens.

Professional Services Agreement - Page 8 of 13 3. Review any easements for conflict. C. Prepare title curative documents.

VI. Closing Services A. Order updated commitment. 1. Cost of title insurance is paid by the Client and is not included in this scope of services or fee schedule. B. Order HUD closing statement and request funding from Client. C. Delivery of funds to Title Company. D. Schedule and attend closing. E. Closing documentation and file close-out. At project completion, prepare an electronic copy of the necessary parcel documents and maintain hard file for five years.

VII. Preparation of Condemnation Package A. If negotiations are unsuccessful, prepare request for eminent domain proceedings. 1. Upon issuance of the final offer letter, order updated title commitment. 2. Use information from updated title commitment to list all interested parties to be joined in condemnation. 3. Provide copies of all pertinent information and documentation related to the potential condemnation proceeding to Client.

***Any additional services needed beyond the items listed above are not included in this scope of services. Any additional services that may be needed or requested by the Client are subject to the preparation of a Supplemental to include additional scope items DRAFTand/or funding.***

Professional Services Agreement - Page 9 of 13

EXHIBIT B Fee/Rate Schedule

FEE SCHEDULE SHALL BE INSERTED AT THE TIME OF AGREEMENT/CONTRACT EXECUTION

DRAFT -- EXHIBIT “C” --

Additional Terms to the Services provided by Contractor, if any, are as follows:

A. N/A

B.______

C.______

D.______

E.______

F.______

G.______

H.______

I.______

J.______

K.______

L.______DRAFT

Professional Services Agreement - Page 11 of 13 EXHIBIT D

Certificate of Insurance

DRAFT

Professional Services Agreement - Page 12 of 13 DRAFT

Professional Services Agreement - Page 13 of 13 AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM Discussion and possible action to approve an Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects (SH 21 at FM 1966) with No Required Match On-System and authorize the County Judge to execute the Advance Funding Agreement on behalf of Hays County.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

ACTION-ROADS October 20, 2020 $120,348.00

LINE ITEM NUMBER

AUDITOR USE ONLY AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A

REQUESTED BY SPONSOR CO-SPONSOR

Jerry Borcherding, P.E., Transportation Director INGALSBE N/A

SUMMARY The SH 21 at FM 1966 Safety Improvements project is an element of the Hays County 2016 Road Bond Program that would improve safety and mobility for local traffic conditions at the project intersection. Proposed improvements include restriping, signage, pavement widening, and traffic signalization at the intersection. The County has moved forward with project development of the SH 21 at FM 1966 Safety Improvements project, including environmental clearance and construction design. Additionally, the Texas Department of Transportation (TxDOT) has moved forward with project development and construction of the SH 21 Super 2 project between SH 80 and the Hays/Caldwell County Line. It was determined by TxDOT and Hays County as being beneficial to incorporate the pavement elements of the County's SH 21 at FM 1966 intersection construction design into the TxDOT Super 2 project. The traffic signalization element of the County's SH 21 at FM 1966 project will be constructed as part of TxDOT's Traffic Signalization Program in a separate effort. The Advance Funding Agreement would memorialize the roles and responsibilities of TxDOT and Hays County regarding the incorporation of the pavement elements into the Super 2 construction project. TxDOT would let and manage construction of the Super 2 project. Hays County would provide construction design of the pavement elements of the proposed SH 21 at FM 1966 intersection improvements to TxDOT and contribute a total of $120,348.00 for construction and direct State costs. TxDOT initiated construction on the Super 2 project in Summer 2020. DRAFT

A Resolution of the Hays County Commissioners Court Approving an Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects (SH 21 at FM 1966) with No Required Match On-System and Authorizing the County Judge to Execute the Agreement on behalf of Hays County

STATE OF TEXAS § § COUNTY OF HAYS §

WHEREAS, the SH 21 at FM 1966 Safety Improvements project is an element of the Hays County 2016 Road Bond Program that would improve safety and mobility for local traffic conditions at the project intersection; and

WHEREAS, Hays County has moved forward with project development of the SH 21 at FM 1966 Safety Improvements project, including environmental clearance and construction design; and

WHEREAS, the Texas Department of Transportation (TxDOT) has moved forward with project development of the SH 21 Super Two project between SH 80 and the Hays/Caldwell County Line; and

WHEREAS, it was determined by TxDOT and Hays County as being beneficial to incorporate the pavement elements of the County's SH 21 at FM 1966 intersection construction design into the TxDOT Super 2 project, which is under construction; and

WHEREAS, the Advance Funding Agreement would memorialize the roles and responsibilities of TxDOT and Hays County;

NOW, THEREFORE, BE IT RESOLVED by the Hays County Commissioners Court:

(a) That the Commissioners Court of Hays County does hereby approve the Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects (SH 21 at FM 1966) with No Required Match On-System and authorizes the County JudgeDRAFT to execute the Agreement on behalf of Hays County.

RESOLVED, ORDERED, AND DECLARED this ____ day of ______, 2020.

______Ruben Becerra Hays County Judge

______Debbie Gonzales Ingalsbe Mark Jones Commissioner, Pct. 1 Commissioner, Pct. 2

______Lon Shell Walt Smith Commissioner, Pct. 3 Commissioner, Pct. 4

ATTEST:

Elaine H. Cárdenas Hays County Clerk

20201013SH21atFM1966AFA_resolution_rev2CLEAN.docx DRAFT

CSJ # 0471-02-070 District # 14-AUS Code Chart 64 # 50106 Project Name SH 21 at FM 1966

STATE OF TEXAS §

COUNTY OF TRAVIS §

ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH ON-SYSTEM

THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation called the “State”, and the County of Hays, acting by and through its duly authorized officials, called the “Local Government”. The State and Local Government shall be collectively referred to as “the parties” hereinafter.

WITNESSETH

WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes, and

WHEREAS, Transportation Code, Chapters 201 and 221, authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and

WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221, authorize the State to contract with municipalities and political subdivisions; and

WHEREAS, the Texas Transportation Commission passed Minute Order Number 115550 authorizing the State to undertake and complete a highway improvement generally described as intersection improvement at SH 21 and FM 1966, in Hays County, Texas. ; and

WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as restriping, signage, and pavement widening at the intersection of SH 21 and FM 1966, in Hays County, Texas. (Project); and

WHEREAS, the State has determined that such participation is in the best interest of the citizens of the state; DRAFT

NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as set forth in this Agreement, it is agreed as follows:

Page 1 of 5 AFA VolTIP Revised 10/13/2017 CSJ # 0471-02-070 District # 14-AUS Code Chart 64 # 50106 Project Name SH 21 at FM 1966

AGREEMENT

1. Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in full force and effect until the Project has been completed and accepted by all parties or unless terminated as provided below.

2. Project Funding and Work Responsibilities A. The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, Payment Provision and Work Responsibilities (Attachment A) which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State, Attachment A also specifies those Project items of work that are the responsibility of the Local Government and will be carried out and completed by the Local Government, at no cost to the State. B. On or before the tenth day after execution of this Agreement, the Local Government shall remit its financial share for the State’s estimated construction oversight and construction costs. C. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State’s written notification. D. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the “Texas Department of Transportation” or may use the State’s Automated Clearing House (ACH) system for electronic transfer of funds in accordance with instructions provided by TxDOT’s Finance Division. The funds shall be deposited and managed by the State and may only be applied by the State to the Project.

3. Right of Access If the Local Government is the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities required to execute the work.

4. Adjustments Outside the Project Site The Local Government will provide for all necessary right of way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. DRAFT 5. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents.

Page 2 of 5 AFA VolTIP Revised 10/13/2017 CSJ # 0471-02-070 District # 14-AUS Code Chart 64 # 50106 Project Name SH 21 at FM 1966

6. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the local government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State.

7. Interest The State will not pay interest on funds provided by the Local Government. Funds provided by the Local Government will be deposited into, and retained in, the State Treasury.

8. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated in this agreement by reference, or special specifications approved by the State.

9. Increased Costs If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased cost to the department for a highway improvement project, then any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities.

10. Insurance DRAFT If this Agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not

Page 3 of 5 AFA VolTIP Revised 10/13/2017 CSJ # 0471-02-070 District # 14-AUS Code Chart 64 # 50106 Project Name SH 21 at FM 1966

maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work.

11. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads and locally owned facilities after completion of the work. The State shall be responsible for maintenance of the State highway system after completion of the work if the work was on the State highway system, unless otherwise provided for in Attachment A or existing maintenance agreements with the Local Government.

12. Termination A. This agreement may be terminated in the following manner: 1. By mutual written agreement and consent of both parties; 2. By either party upon the failure of the other party to fulfill the obligations set forth in this agreement; or 3. By the State if it determines that the performance of the Project is not in the best interest of the State. B. If the agreement is terminated in accordance with the above provisions, the Local Government will be responsible for the payment of Project costs incurred by the State on behalf of the Local Government up to the time of termination. C. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party.

13. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses:

Local Government: State:

County of Hays Texas Department of Transportation Attn.: County Judge ATTN: Director of Contract Services 111 E. San Antonio St., #300 125 E. 11th Street San Marcos, Texas 78666 Austin, TX 78701

All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwiseDRAFT provided in this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party.

Page 4 of 5 AFA VolTIP Revised 10/13/2017 CSJ # 0471-02-070 District # 14-AUS Code Chart 64 # 50106 Project Name SH 21 at FM 1966

14. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Government and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project.

15. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement.

16. Amendments By mutual written consent of the parties, this agreement may be amended in writing prior to its expiration.

17. State Auditor Pursuant to Texas Government Code § 2262.154, the state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit.

18. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this Agreement on behalf of the entity represented.

THIS AGREEMENT IS EXECUTED by the State and the Local Government.

THE STATE OF TEXAS THE LOCAL GOVERNMENT

Signature Signature

Tucker Ferguson, P.E. Ruben Becerra Typed DRAFTor Printed Name Typed or Printed Name

District Engineer County Judge Typed or Printed Title Typed or Printed Title

Date Date

Page 5 of 5 AFA VolTIP Revised 10/13/2017 CSJ # 0471-02-070 District # 14-AUS Code Chart 64 # 50106 Project Name SH 21 at FM 1966

ATTACHMENT A PAYMENT PROVISION AND WORK RESPONSIBILITIES

The State will accept the Local Government fixed contribution of $ 120,348 to review and approve the plan and let the Project for construction. The State will be responsible for project overruns and will be part of TxDOT project under 0471-02-070 (Super Two).

The Local Government will remit its fixed contribution not later than ten business days after the execution of this Agreement.

DRAFT

Page 1 of 1 AFA VolTIP Attachment A 0474-02-070 FM 1966 Pavement Widening

Total State Participation Local Participation Description Estimated Cost % Cost % Cost Env (by Local Government) $8,034 0% $0 0% $8,034 Engineering (by Local $52,247 0% $0 0% $52,247 Government) Construction (by State) $118,206 0% $0 100% $118,206 Subtotal $178,487 $0 $178,487 Environmental Direct State $714 0% $0 100% $714 Costs

Right of Way Direct State $178 0% $0 100% $178 Costs

Engineering Direct State Costs $1,071 0% $0 100% $1,071

Utility Direct State Costs $178 0% $0 100% $178

Construction Direct State $4,998 100% $4,998 0% $0 Costs

Indirect State Costs (4.52%) $8,068 100% $8,068 0% $0 TOTAL $193,695 $13,065 $180,629 DRAFT AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM Discussion and possible action to authorize Beckwith Electronic Systems, LLC to replace the 3-Series Control System for Government Center courtroom #1 and allow a discretionary exemption pursuant to Texas Local Government Code 262.024A (7)(D) and amend the budget accordingly.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

ACTION-MISCELLANEOUS October 20, 2020 $5,717

LINE ITEM NUMBER

AUDITOR USE ONLY AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A

REQUESTED BY SPONSOR CO-SPONSOR

T. CRUMLEY INGALSBE N/A

SUMMARY The main control board that powers all audio and visual for Government Center courtroom #1 has failed. Beckwith Electronic Systems, LLC has submitted a proposal to replace the failed control board with a new 3-Series Control System.

Attachment: Beckwih Proposal Equipment Spec Sheet

DRAFT Proposal

DATE: 1-Oct-20

SOLD TO PROJECT LOCATION Hays County Government Center Hays County Govt Center 610 Stagecoach Trail 610 Stagecoach Trail San Marcos, TX 78666 San Marcos,TX 78666 ATTN Chris Deichmann Tel # 5129262000

Customer Reference Name Hays County Govt Center - Replace AV Control System in CR1 Proposal Number FA-BESLLC-2020-403

PAYMENT TERMS TRADE TERMS Net 30 days F.O.B. Jobsite

Beckwith is a State of Texas HUB and SCTRCA certified as HABE, MBE and SBE. Scope Of Work:

Price includes turnkey replacement of items that were determined to be in need of replacement during a service call in July. The existing/original Crestron PRO2 control unit is obsolete and will be replaced with the current PRO3 model. Installation, programming and testing/check-out with HCGC staff is included.

1 PRO3 Crestron 3-Series Control System

Total Cost $ 5,717.00

Equipment Price $ 4,622.00 Labor Price $ 1,095.00

Terms: This bid is conditioned upon the parties entering into a mutually acceptable written agreement; signed Beckwith Proposal meets this criteria. 1 2 This bid does not include Bid, Payment or Performance Bond. 3 This bid does not include any fees assessed by Special Insurance Programs. Unpaid invoices greater than sixty (60) days past due may result in lien on property. If an affidavit claiming a lien is filed, a $500 filing/release of lien fee 4 will be due prior to any lien being released. A project completion schedule or project completion date will be required before Beckwith can proceed; deviation from this completion date which 5 requires additional labor or overtime to complete the accelerated completion will result in additional costs paid for by the customer. 6 If additional fire alarm inspections are required due to partial building inspection, these additional cost will be paid for by the customer. Installation of detectors during construction shall be protected from debris, dust, dirt, and damage in accordance with manufacturer’s recommendations and the current adoption of NFPADRAFT 72. Cleaning and/or replacement of smoke detectors installed prior to final building cleanup will be cleaned and/or 7 replaced by Beckwith and paid for by the customer. 8 Beckwith is not responsible for performing additional testing or service unless requested in writing from customer. Customer agrees to pay for these 9 Beckwithadditional is services. not responsible for false alarms or false alarm fines. CUSTOMER AGREES AND UNDERSTANDS THAT BECKWITH IS NOT AN INSURER AND IS NOT RESPONSIBLE FOR ACTS OR OMMISSIONS 10 OF OTHERS, OR FOR EVENTS BEYOND THE CONTROL OF BECKWITH INCLUDING FALSE ALARMS. 11 Upon credit approval; terms are net upon receipt. 12 1.5% per month (18%annualy) will be charged on all past due invoices, 30 days from invoice date. 13 Return goods are subject to 25% restocking charges and no credit will be allowed on goods returned without written authorization from Beckwith. 14 F.O.B.: Jobsite 15 This proposal is valid for 30 days from the date herein. Proposal

DATE: 1-Oct-20

SOLD TO PROJECT LOCATION Hays County Government Center Hays County Govt Center 610 Stagecoach Trail 610 Stagecoach Trail San Marcos, TX 78666 San Marcos,TX 78666 ATTN Chris Deichmann Tel # 5129262000

Customer Reference Name Hays County Govt Center - Replace AV Control System in CR1 Proposal Number FA-BESLLC-2020-403

PAYMENT TERMS TRADE TERMS Net 30 days F.O.B. Jobsite

Warranty: Beckwith provides a one (1) year non-transferable warranty from the date of substantial completion or the owner getting beneficial use of the system or from the date of the final fire inspection.

DISCLAIMER AND EXCLUSION OF WARRANTIES: There are no warranties extending beyond the description or face hereof. Any implied warranty of merchantability and/or of fitness for a particular purpose are hereby excluded and disclaimed. In case of defects or alleged defects, the damages claimed shall be limited solely to the replacement or repair of the allegedly defective product or workmanship. Damages claimed shall not include any incidental or consequential damages or expenses. Beckwith shall not be liable for and the parties agree that no attorney's fees will be sought against Beckwith arising out of the materials installed or labor performed by Beckwith.

Insurance: For the work contracted with Beckwith, Beckwith agrees to provide Contractor with a Certificate of Insurance with following limits:

A.M. Best Rating A (Excellent) XV ($2 Billion or Greater)

General Liability $1,000,000 Per Occurrence $2,000,000 Aggregate/Per Project $2,000,000 Products and Completed Operations $1,000,000 Personal Advertising Liability $300,000 Fire Legal Liability/Damage to premises rented to you $10,000 Medical Exp (Any one person) DRAFT Proposal

DATE: 1-Oct-20

SOLD TO PROJECT LOCATION Hays County Government Center Hays County Govt Center 610 Stagecoach Trail 610 Stagecoach Trail San Marcos, TX 78666 San Marcos,TX 78666 ATTN Chris Deichmann Tel # 5129262000

Customer Reference Name Hays County Govt Center - Replace AV Control System in CR1 Proposal Number FA-BESLLC-2020-403

PAYMENT TERMS TRADE TERMS Net 30 days F.O.B. Jobsite Business Auto Liability $1,000,000 Combined Single Limit $1,000,000 Non-Owned and Hired Car Coverage

Worker's Compensation Employees Liability Insurance $1,000,000 E.L. Each Accident $1,000,000 E.L. Disease - Each Employee $1,000,000 E.L. Disease - Policy Limit

Umbrella $5,000,000 Per Occurrence & Aggregate

All Insurance Coverages Shall Provide: 1 30 Day Written Notice of Cancellation. 2 Waiver of Rights of Subrogation in Favor of (Your Company Name) as per written contract. 3 "Additional Insured" Endorsement on Business Auto Policy, Commercial General Liability Policy, & Commercial Umbrella Policy as per written contract. On the CGL Policy, (Your Company Name) must be named as additional insured for ongoing and completed work. 4 Primary and Non-Contributory wording on Additional Insured Endorsements as per written contract.

Before any commencement of activity to this contract, a Certificate of Insurance will be delivered to the Contractor's office as shown above.

RESPECTFULLY SUBMITTED BY: Chad Tanner Chad Tanner Electronic System Sales

ACCEPTED: YOU MAY INSTALL/FURNISH THE EQUIPMENT AS OUTLINED IN THE ABOVE PROPOSAL.

FIRM NAME: P.O.#: BY: DRAFTDATE: PRO3 3-Series Control System®

> Enterprise-class control system > 3-Series® Control Engine — substantially faster and more powerful than other control systems > Exclusive modular programming architecture > Onboard 1GB RAM & 4GB Flash memory > Expandable storage up to 1TB > Rear panel memory card slot > High-speed USB 2.0 host port > Industry-standard Ethernet and Cresnet® wired communications > Control Subnet — provides a dedicated local network for Crestron® devices > XPanel with Smart Graphics™ computer and web based control > iPhone®, iPad®, and Android™ control app support > Crestron Fusion® Cloud Enterprise Management Service support 3-Series® Control Systems > SNMP remote management support Today’s commercial buildings and custom homes comprise more > Two RS-232/422/485 COM ports with hardware and technology than ever before, and all these systems need to be networked, software handshaking managed, and controlled in fundamentally new ways. The IP based > Four RS-232 COM ports with software handshaking only 3-Series platform is engineered from the ground up to deliver a network- grade server appliance capable of faithfully handling everything from > Eight IR/serial, eight relay, and eight Versiport I/O ports boardroom AV and home theater control to total building management. > Three built-in 3-Series control card expansion slots > Programmable event scheduling with astronomical time clock 3-Series embodies a distinctively robust, dynamic, and secure platform > Native BACnet™/IP support [2] to elevate your system designs to higher levels of performance and > IEC 61000-4-5 Installation Class 4 surge immunity on COM, reliability. Compared to other control systems, Crestron 3-Series provides Versiport, and network connections [3] a pronounced increase in processing power and speed with more > Installer setup via front panel, Crestron Toolbox™ software, or memory, rock solid networking and IP control, and a unique modular web browser programming architecture. > C#, symbol based, and drag-and-drop programming environments Modular Programming Architecture > Full Unicode (multi-language) support Designed for enhanced scalability, the PRO3 affords high-speed, real- time multi-tasking to seamlessly run multiple programs simultaneously. > Increased network throughput and security This exclusive modular programming architecture lets programmers > Secure access through full user/group management or Active independently develop and run device-specific programs for AV, lighting, Directory integration shades, HVAC, security, etc., allowing for the optimization of each program, > Hardware level security using 802.1X authentication and allowing changes to be made to one program without affecting the > TLS, SSL, SSH, and SFTP network security protocols whole. Even as your system grows, processing resources can easily be > FIPS 140-2 compliant encryption shifted from one 3-Series processor to another without rewriting any > IIS v.6.0 Web Server code. The end benefit is dramatically simplified upgradability with minimal > IPv6 ready downtime, whether implementing changes on site or remotely via the network. > Front panel color LCD display for setupDRAFT and diagnostics > Front panel USB computer console port Robust Ethernet & IP Control > 2-space rack-mountable IP technology is the heart of 3-Series, so it should be no surprise that its networking abilities are second to none. Gigabit Ethernet connectivity The flagship Crestron® PRO3 is an enterprise-class control system enables integration with IP-controllable devices and allows the PRO3 to be with an enhanced feature set including a front panel color LCD display, part of a larger managed control network. Whether residing on a sensitive built-in control card expansion slots, and a dedicated Control Subnet port. corporate LAN, a home network, or accessing the Internet through a cable Featuring the 3-Series® control engine, the PRO3 forms the core of any modem, the PRO3 provides secure, reliable interconnectivity with modern networked home or commercial building, managing and IP-enabled touch screens, computers, mobile devices, video displays, integrating all the disparate technologies throughout your facility to make media servers, security systems, lighting, HVAC, and other equipment — life easier, greener, more productive, and more enjoyable. whether on premises or across the globe.

crestron.com | 800.237.2041 PRO3 3-Series Control System®

PRO3 – Rear View

Dedicated Control Subnet SNMP Support The Crestron Control Subnet is a Gigabit Ethernet network dedicated to Built-in SNMP support enables integration with third-party IT management Crestron devices. Via the PRO3’s Control Subnet port, an installer may software, allowing network administrators to manage and control Crestron simply connect a single touch screen or wireless gateway, or add a systems on the network in an IT-friendly format. Crestron PoE switch (CEN-SW-POE-5 or CEN-SWPOE-16)[1] to handle multiple touch screens, gateways, AV components, and other devices. Cresnet® Auto-configuration of the entire subnet is performed by the PRO3, Cresnet provides a dependable network wiring solution for Crestron discovering each device and assigning IP addresses without any extra keypads, lighting controls, shade motors, thermostats, occupancy sensors, effort from the installer. and other devices that don’t require the higher speed of Ethernet. The Cresnet bus offers easy wiring and configuration, carrying bidirectional A separate LAN port on the PRO3 provides a single-point connection to the communication and 24VDC power to each device over a simple 4-conductor primary LAN, requiring just one IP address for the complete control system. cable. To assist with troubleshooting, the PRO3 includes our patent-pending The LAN port allows full interconnectivity between devices on the local Network Analyzer which continuously monitors the integrity of the Cresnet subnet with other devices, systems, servers, and WAN/Internet connections network for wiring faults, marginal performance, and other errors. outside the local subnet. For sensitive applications that require absolute security, the entire Control Subnet can be completely hidden from the Onboard Control Ports primary LAN using Isolation Mode. In addition to Ethernet, the PRO3 includes six bidirectional COM ports and eight IR ports to interface directly with all of your centralized AV sources, Control Apps & XPanel video displays, and other devices. Eight programmable relay ports are Years ago, Crestron pioneered the world’s first IP-based control system included for controlling projection screens, lifts, power controllers, and unleashing vast new possibilities for controlling, monitoring, and managing other contact-closure actuated equipment. Eight “Versiport” I/O ports integrated systems over a LAN, WAN, and the Internet. Today, Crestron enable the integration of power sensors, motion detectors, door switches, offers more ways than ever to control your world the way you want. Using alarms, or anything else that provides a dry contact closure, low-voltage a computer, smartphone, or tablet device, Crestron lets you control logic, or 0-10 Volt DC signal. anything in your home or workplace from anywhere in the world. Control Card Expansion Slots Native to every 3-Series control system, Crestron XPanel technology Additional control ports can be added to the PRO3 using 3-Series Control transforms any laptop or desktop computer into a virtual Crestron touch Cards [1]. The PRO3 provides three control card expansion slots on its rear screen. Crestron control apps deliver the Crestron touch screen experience ® ® ™ panel, affording great expansion capability without requiring any additional to iPhone , iPad , and Android devices, letting you safely monitor and rack space. control your entire residence or commercial facility using the one device that goes with you everywhere. Front Panel Color LCD Display Crestron Fusion® Cloud The PRO3’s front panel includes a color LCD display to enable extensive DRAFTsetup and diagnostics without having to connect a computer. Crestron Fusion Cloud provides an integrated platform for creating truly smart buildings that save energy, enhance BACnet™/IP worker productivity, and prolong the life-span of valuable equipment. As Native support for the BACnet/IP communication part of a complete managed network in a corporate enterprise, college protocol provides a direct interface to third-party building management campus, convention center, or any other facility, the PRO3 works integrally systems over Ethernet, simplifying integration with HVAC, security, fire & with Crestron Fusion Cloud to enable remote scheduling, monitoring, and life safety, voice & data, lighting, shades, and other systems. Using control of rooms and technology from a central help desk. It also enables BACnet/IP, each system runs independently with the ability to communicate organizations to reduce energy consumption by tracking real-time usage together on one platform for a truly smart building.[2] and automating control of lighting, shades, and HVAC.

crestron.com | 800.237.2041 PRO3 3-Series Control System®

SPECIFICATIONS CONTROL SUBNET: (1) 8-pin RJ45 jack; 10Base-T/100Base-TX/1000Base-T Ethernet port [3]; Control Engine Provides a dedicated local network for Crestron devices Crestron 3-Series; real-time, preemptive multi-threaded/multitasking USB: (1) USB Type A female; kernel; Transaction-Safe Extended FAT file system; supports up to 10 USB 2.0 port for storage devices simultaneously running programs MEMORY: (1) SD memory card slot; Memory Accepts one SD or SDHC card up to 32 GB for memory expansion I/O 1 – 8: SDRAM: 1 GB (1) 9-pin 3.5 mm detachable terminal block; Comprises (8) “Versiport” digital input/output or analog input ports Flash: 4 GB (referenced to GND) [3]; Memory Card: Supports SD and SDHC cards up to 32 GB Digital Input: Rated for 0-24 Volts DC, input impedance 20k Ohms, logic External Storage: Supports USB mass storage devices up to 1 TB threshold >3.125V low/0 and <1.875V high/1; Communications Digital Output: 250 mA sink from maximum 24 Volts DC, catch diodes for use with “real world” loads; Ethernet: 10/100/1000 Mbps, auto-switching, auto-negotiating, auto- Analog Input: Rated for 0-10 Volts DC, protected to 24 Volts DC maximum, discovery, full/half duplex, industry-standard TCP/IP stack, UDP/IP, CIP, input impedance 21k Ohms with pull-up resistor disabled; DHCP, SSL, TLS, SSH, SFTP (SSH File Transfer Protocol), FIPS 140-2 Programmable 5 Volts, 2k Ohms pull-up resistor per pin compliant encryption, IEEE 802.1X, SNMP, BACnet/IP [2], IPv4 or IPv6, NET: (1) 4-pin 3.5 mm detachable terminal block; Active Directory authentication, IIS v.6.0 Web Server, SMTP e-mail client Cresnet master port, outputs power to Cresnet devices [3]; Control Subnet: 10/100/1000 Mbps Ethernet, auto-switching, auto- See “Power” section for additional specifications negotiating, auto-discovery, full/half duplex, DHCP server, DNS Server, port forwarding, Isolation Mode 100-240V~2.4A 50/60Hz: (1) IEC 60320 C14 main power inlet; Cresnet: Cresnet master mode Mates with removable power cord, included USB: Supports USB mass storage class devices via rear panel USB 2.0 G: (1) 6-32 screw; host port, supports computer console via front panel USB 2.0 device port Chassis ground lug RS-232/422/485: For 2-way device control and monitoring, all ports support RS-232 up to 115.2k baud with software handshaking, two ports COMPUTER (front): (1) USB Type B female; also support hardware handshaking, RS-422, and RS-485 USB 2.0 computer console port (6 ft cable included); IR/Serial: Supports 1-way device control via infrared up to 1.2 MHz or For setup only serial TTL/RS-232 (0-5 Volts) up to 115.2k baud LCD Display Connectors & Card Slots Display Type: TFT active matrix color LCD S1 – S3: (3) 3-Series control card expansion slots Size: 2.8 inch (72 mm) diagonal COM 1 – 2: (2) 5-pin 3.5 mm detachable terminal blocks; Resolution: 320 x 240 pixels Bidirectional RS-232/422/485 ports [3]; Functions: Displays configuration menus, control port activity, and other Up to 115.2k baud; hardware and software handshaking support system information COM 3 – 6: (4) 3-pin 3.5 mm detachable terminal blocks; Controls & Indicators Bidirectional RS-232 ports [3]; PWR: (1) Green LED, indicates operating power supplied from AC line Up to 115.2k baud; software handshaking support NET: (1) Amber LED, indicates communication with the Cresnet system IR - SERIAL OUTPUT 1 – 8: (2) 8-pin 3.5 mm detachable terminal blocks; MSG: (1) Red LED, indicates control system has generated an Comprises (8) IR/Serial output ports; error message IR output up to 1.2 MHz; DRAFT HW-R: (1) Recessed pushbutton for hardware reset 1-way serial TTL/RS-232 (0-5 Volts) up to 115.2k baud SW-R: (1) Recessed pushbutton for software reset RELAY OUTPUT 1 – 8: (2) 8-pin 3.5 mm detachable terminal blocks; CNPS FAULT: (1) Red LED and (1) pushbutton, LED indicates an excessive Comprises (8) normally open, isolated relays; Cresnet load detected at the NET port, pushbutton resets the Rated 1 Amp, 30 Volts AC/DC; fault indication MOV arc suppression across contacts SLOT 1 – 3: (3) Green LEDs, indicate control cards are inserted in the corresponding slots LAN: (1) 8-pin RJ45 jack; Nav Pad: (1) 5-way navigation pad for menu navigation and [3] 10Base-T/100Base-TX/1000Base-T Ethernet port ; parameter adjustment Connects to the customer’s LAN HOME: (1) Pushbutton, returns to the home menu

crestron.com | 800.237.2041 PRO3 3-Series Control System®

BACK: (1) Pushbutton, steps menu back one level Crestron® App: Control App for Apple® iOS® & Android™ LAN (rear): (2) Bi-color green/amber LEDs, left LED indicates Ethernet link XPanel: Crestron Control® for Computers status and connection speed, right LED indicates Ethernet activity myCrestron: Dynamic DNS Service for Crestron Systems CONTROL SUBNET (rear): (2) Bi-color green/amber LEDs, left LED Crestron Fusion®: Enterprise Management Platform indicates Ethernet link status and connection speed, right LED indicates 3-Series® BACnet™/IP Support: 3-Series Native BACnet/IP Interface Ethernet activity License CSP-LIR-USB: IR Learner Power

Main Power: 2.4 Amps @ 100-240 Volts AC, 50/60 Hz Notes: Available Cresnet Power: 75 Watts (3.125 Amps @ 24 Volts DC) 1. Item(s) sold separately. Environmental 2. License required. The PRO3 supports a maximum of 2000 BACnet objects when dedicated for BACnet use only. Actual capabilities are contingent upon the overall program size and complexity. Temperature: 41° to 113° F (5° to 45° C) 3. The following connections comply with IEC 61000-4-5 Installation Class 4 surge immunity Humidity: 10% to 90% RH (non-condensing) levels: COM 1 - 6, I/O 1 - 8, NET, LAN, and CONTROL SUBNET.

Heat Dissipation: 45 BTU/hr with no Cresnet devices, no control cards; This product may be purchased from an authorized Crestron dealer. To find a dealer, please 71 BTU/hr with full Cresnet load, no control cards; contact the Crestron sales representative for your area. A list of sales representatives is available See individual control card spec sheets for additional specifications online at www.crestron.com/salesreps or by calling 800-237-2041. The specific patents that cover Crestron products are listed online at: patents.crestron.com. Enclosure Certain Crestron products contain open source software. For specific information, please visit Chassis: Metal, black finish, vented top and sides www.crestron.com/opensource. Faceplate: Extruded metal, black finish, polycarbonate label overlay Crestron, the Crestron logo, 3-Series, 3-Series Control System, Cresnet, Crestron Control, Mounting: Freestanding or 2 RU 19-inch rack-mountable (adhesive feet Crestron Fusion, Crestron Toolbox, and Smart Graphics are either trademarks or registered and rack ears included) trademarks of Crestron Electronics, Inc. in the United States and/or other countries. BACnet and the BACnet logo are either trademarks or registered trademarks of American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc. in the United States and/or other countries. Dimensions Apple, iPad, and iPhone are either trademarks or registered trademarks of Apple Inc. in the United States and/or other countries. IOS is either a trademark or registered trademark of Cisco Height: 3.47 in (89 mm) without feet Technology, Inc. in the United States and/or other countries. Android is either a trademark or Width: 17.28 in (439 mm), 19.00 in (483 mm) with rack ears registered trademark of Google, Inc. in the United States and/or other countries. Other trademarks, registered trademarks, and trade names may be used in this document to refer Depth: 10.13 in (258 mm) to either the entities claiming the marks and names or their products. Crestron disclaims any proprietary interest in the marks and names of others. Crestron is not responsible for errors in Weight typography or photography. Specifications are subject to change without notice. ©2016 Crestron Electronics, Inc. 5.0 lb (2.3 kg)

MODELS & ACCESSORIES

Available Models PRO3: 3-Series Control System®

Available Accessories C3COM-3: 3-Series® Control Card - 3 COM Ports C3IO-16: 3-Series® Control Card - 16 Versiport I/O Ports C3IR-8: 3-Series® Control Card - 8 IR PortsDRAFT C3RY-8: 3-Series® Control Card - 8 Relay Ports C3RY-16: 3-Series® Control Card - 16 Relay Ports PWE-4803RU: PoE Injector CEN-SW-POE-5: 5-Port PoE Switch CEN-SWPOE-16: 16-Port Managed PoE Switch C2N-HBLOCK: Multi-type Cresnet Distribution Block CNTBLOCK: Cresnet Distribution Block CNSP-XX: Custom Serial Interface Cable IRP2: IR Emitter Probe w/Terminal Block Connector

crestron.com | 800.237.2041 PRO3 3-Series Control System®

DRAFT

Crestron Electronics, Inc. 15 Volvo Drive | Rockleigh, NJ 07647 All brand names, product names and trademarks are the property of their respective owners. Tel: 800.237.2041 / 201.767.3400 | Fax: 201.767.1903 ©2016 Crestron Electronics, Inc. www.crestron.com Speciﬁcations subject to change without notice. Revised 10/18/16 AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM Discussion and possible action to execute a contract with the Community Supervision and Corrections Department (CSCD) related to the Hays County Pretrial Bond Program.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

ACTION-MISCELLANEOUS October 20, 2020 $175,080

LINE ITEM NUMBER 001-645-00.5401

AUDITOR USE ONLY AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A

REQUESTED BY SPONSOR CO-SPONSOR

SHELL INGALSBE

SUMMARY Hays County currently partners with CSCD to provide two pretrial bond officers. The Criminal Justice Commission, Pretrial Services Subcommittee has recommended the addition of a third officer to enhance the program. The attached agreement outlines the roles and responsibilities; as well as a commitment for program funding.

$ 60,146 - Pretrial Bond Officer 1 (established FY16) $ 57,717 - Pretrial Bond Officer 2 (established FY20) $ 57,217 - Pretrial Bond Officer 3 (new proposal) $175,080 - FY21 Total Commitment

Funding for this program (including the additional officer) was budgeted during the FY21 budget process.

Attachment: CSCD Pretrial Bond Program Contract DRAFT PRETRIAL BOND PROGRAM AGREEMENT BETWEEN THE COUNTY OF HAYS AND THE HAYS DIVISION OF THE COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT SERVING THE COUNTIES OF CALDWELL, COMAL, AND HAYS

RECITALS

1. Whereas on ______day of ______, 2020, by ______vote of the Commissioners’ Court of Hays County, a budget was approved for the continuation of the funding of two Pretrial Bond Officers as well as the addition of a third Pretrial Bond Officer; and 2. Whereas said staffing anticipates that the training, expertise will continue to be that of officers trained and qualified as Community Supervision Officers under the aegis of the Community Supervision and Corrections Department (“CSCD”) and; 3. Whereas CSCD is willing to assume the responsibilities of hiring, training, payment to and providing benefits for, providing of office space and equipment for said Officers; and 4. Whereas the County acknowledges that the CSCD is better equipped and qualified to employ, train, and supervise any Officer so assigned;

THEREFORE, IT IS AGREED BETWEEN THE PARTIES THAT:

1. A Pretrial Bond Program is hereby continued and expanded, subject to the budget attached hereto and incorporated by reference as Exhibit 1. 2. Hays County Commissioners shall fund such a program on a yearly basis (subject to budget approval, which this Agreement in no way limits). 3. Hays County designates CSCD as the party that shall oversee the Pretrial Bond Program, on behalf of Hays County. 4. CSCD agrees that it will administer the position(s) of the Pretrial Bond Officers, duly qualified as CSCD Officer(s). 5. CSCD, along with other officials involved in the criminal justice system, shall continue to establish parameters for the review and release of pretrial arrestees, and shall, to the extent possible and necessary, continue to oversee said pretrial releasees. 6. CSCD shall continue to provide to the County timely but at a minimum of once per year and no later than April 1 of each year, information to include but not limited to, updates on release parameters, number of releases, number of court appearances, bond revocation information, etc.

AGREED TO BY THE PARTIES THIS THE _____ DAY OF ______, 2020. FOR THE COUNTYDRAFT FOR THE CSCD

______Ruben Becerra Michael Hartman County Judge of Hays County CSCD Director (;+,%,7

DECISION PACKAGE FOR BUDGETED PROGRAM (To be used for explanation/justification of equipment, personnel, and programs)

Program/Equipment Name: FY202 Hays Pre-Trial Bond

Description RI program: Cost

ThiThiss isis anan HH[LVWLQJ[LVWLQJ programHVWDEOLVKHGLQHVWDEOLVKHGLQ. 6DODU\IULQJHWUDLQLQJHTXLSPHQWDQG8$ VXSSOLHVDUHLQFOXGHG

Personnel: CSO II Salary $ 42,000.00 FICA 0.0765 $ 3,213 Retirement 0.1300 $ 5,460 Insurance $624.82/Mo (PY2020 Rates) /MO (member only) $ 7,498 Travel/Per Diem/Lodging $ 600 Registration Fees $ 150

Equipment: IT Equipment (Computer, Printer, etc) $ -

Other: UA Supplies (Test Kits) $ 750.00 Office Supplies $ - UA Lab Confirmations $ 475.00

Benefits of funding and consequences of not funding: Benefits of funding include: Adequate funding for the functions related to bail decision making; providing universal information to judges to assist with informed decision making; greater assurance decisions about release of pretrial defendants is based on actuarial risk-based assessments related to risk of flight (maximizing court appearance) and potential to commit future crimes (maximizing public safety); continued support of the least restrictive conditions needed to address appearance and public safety concerns; continued supervision of the pretrial defendant by a certified community supervision officer who is managed by the Community Supervision and Corrections Department and is provided skill-based training in the supervision of supervision of offenders in the community and specialized training regarding the pretrial bond defendant; continued efforts toward reduction of the jail population allowing pretrial defendants to return to work to support their families and engage in prosocial activities within their communityDRAFT of residence and to prevent unnecessary costs to be spent on housing the pretrial defendant in jail while pending trial; and a continued collaborative approach among stakeholders to evidence-based decision making concerning the pretrial defendant.

Total Cost $ 60,146 DECISION PACKAGE FOR NEW BUDGETED PROGRAM (To be used for explanation/justification of new equipment, personnel, and programs)

Program/Equipment Name: FY202 Hays Pre-Trial Bond

7KLVLVDQH[LVWLQJSURJUDPHVWDEOLVKHGLQ7KLVLVDQH[LVWLQJSURJUDPHVWDEOLVKHGLQ Cost

Salary/fringe, training, equipment and UA supplies are included.

Personnel: CSO I Salary $ 37,500.00 FICA 0.0765 $ 2,869 Retirement 0.1300 $ 4,875 Insurance $624.82/Mo (PY2020 Rates) /MO (member only) $ 7,498 Travel/Per Diem/Lodging $ 600 Registration Fees $ 150

Equipment: Laptop, Monitor, Printer, Docking Station $ 3,000.00

Other: UA Supplies (Test Kits) $ 750.00 Office Supplies $ - UA Lab Confirmations $ 475.00

Program/Equipment Name: FY2021 Hays Pre-Trial Bond

Description of proposed new program: Cost This proposal concerns the additon of another pretrial bond officer for Hays County. If approved, the Community Supervion and Corrections Department (CSCD) will employ 3 officers to provide pretrial bond services.

The section of this proposal (below) titled "Benefits of funding and consequences of not funding" contains a narrative describing the program.

Personnel: CSO I Salary $ 37,500.00 FICA 0.0765 $ 2,869 Retirement 0.1400 $ 5,250 Insurance $624.82/Mo (PY2020 Rates) /MO (member only) $ 7,498 Travel/Per Diem/Lodging $ 750 Registration Fees $ 250

Equipment: Laptop with Docking Station $ 2,000.00 Printer $ 250.00 Monitor $ 250.00 Cell Phone $50/mo $ 600.00

Other: -$ -$ -$ -$ -$

Benefits of funding and consequences of not funding: Benefits of funding include: Adequate funding for the functions related to bail decision making; providing universal information to judges to assist with informed decision making; greater assurance decisions about release of pretrial defendants is based on actuarial risk-based assessments related to risk of flight (maximizing court appearance) and potential to commit future crimes (maximizing public safety); continued support of the least restrictive conditions needed to address appearance and public safety concerns; continued supervision of the pretrial defendant by a certified community supervision officer who is managed by the Community Supervision and Corrections Department and is provided skill-based training in the supervision of offenders in the community and specialized training regarding the pretrial bond defendant; continued efforts toward reduction of the jail population allowing pretrialDRAFT defendants to return to work to support their families and engage in prosocial activities within their community of residence and to prevent unnecessary costs to be spent on housing the pretrial defendant in jail while pending trial; and a continued collaborative approach among stakeholders to evidence-based decision making concerning the pretrial defendant.

Total Cost $ 57,217

Department Head Signature Michael Hartman, CSCD Director AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM Discussion and possible action to adopt an order authorizing the issuance of the “Hays County, Texas, Special Assessment Revenue Bonds, Series 2020 (La Cima Public Improvement District Neighborhood Improvement Areas #1-2 Project)”; approving and authorizing an indenture of trust, a bond purchase agreement, a limited offering memorandum, a continuing disclosure agreement, an amended and restated service and assessment plan, and other documents in connection therewith; making findings with respect to the issuance of the Bonds; and providing an effective date.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

ACTION-MISCELLANEOUS October 20, 2020

LINE ITEM NUMBER

AUDITOR USE ONLY AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A

REQUESTED BY SPONSOR CO-SPONSOR

SHELL N/A

SUMMARY

DRAFT HAYS COUNTY, TEXAS

AN ORDER AUTHORIZING THE ISSUANCE OF THE “HAYS COUNTY, TEXAS, SPECIAL ASSESSMENT REVENUE BONDS, SERIES 2020 (LA CIMA PUBLIC IMPROVEMENT DISTRICT NEIGHBORHOOD IMPROVEMENT AREAS #1-2 PROJECT) APPROVING AND AUTHORIZING AN INDENTURE OF TRUST, A BOND PURCHASE AGREEMENT, A LIMITED OFFERING MEMORANDUM, A CONTINUING DISCLOSURE AGREEMENT, AN AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN, AND OTHER DOCUMENTS IN CONNECTION THEREWITH; MAKING FINDINGS WITH RESPECT TO THE ISSUANCE OF SUCH BONDS; AND PROVIDING AN EFFECTIVE DATE

WHEREAS, Hays County, Texas (the “County”), pursuant to and in accordance with the terms, provisions and requirements of the Public Improvement District Assessment Act, Subchapter A of Chapter 372, Texas Local Government Code (the “PID Act”), has previously established the “La Cima Public Improvement District” (the “District”); and

WHEREAS, pursuant to the PID Act and pursuant to an order adopted by the Commissioners Court of the County (the “Commissioners Court”) on July 21, 2015, the Commissioners Court approved and accepted the La Cima Public Improvement District Service and Assessment Plan (the “Initial Service and Assessment Plan”) relating to the District and the levy of special assessments against the parcels identified in the assessment roll attached thereto, to finance the costs of certain Authorized Improvements (as defined in the Indenture (as defined herein)) conferring a special benefit on the assessed parcels in the entire District; and

WHEREAS, pursuant to the PID Act, the Commissioners Court published notice, mailed notice to the owners of property liable for assessments, and convened a public hearing on March 20, 2018, regarding the levy of special assessments against benefitted property located in Neighborhood Improvement Area #1 of the District (the “Neighborhood Improvement Area #1 Special Assessments”) and after hearing testimony at such public hearing, the Commissioners Court closed the public hearing and adopted Order No. 32472 (the “NIA #1 Assessment Order”) on March 20, 2018; and

WHEREAS, in the NIA #1 Assessment Order, the Commissioners Court approved and accepted the “La Cima Public Improvement District Service and Assessment Plan Update for Neighborhood Improvement Area #1” (the “NIA #1 SAP”), relating to Neighborhood Improvement Area #1 and levied the Neighborhood Improvement Area #1 Special Assessments on the Assessed PropertyDRAFT within Neighborhood Improvement Area #1 of the District; and

WHEREAS, pursuant to the PID Act, the Commissioners Court published notice, mailed notice to the owners of property liable for assessments, and convened a public hearing on February 25, 2020, regarding the levy of special assessments against benefitted property located in Neighborhood Improvement Area #2 of the District (the “Neighborhood Improvement Area #2 Special Assessments” and, together with the Neighborhood Improvement Area #1 Special

4151-7977-3474.1 Assessments, the “Special Assessments”) and after hearing testimony at such public hearing, the Commissioners Court closed the public hearing and adopted Order No. 34898 (the “NIA #2 Assessment Order” and, together with the NIA #1 Assessment Order, the “Assessment Orders”) on February 25, 2020; and

WHEREAS, in the NIA #2 Assessment Order, the Commissioners Court approved and accepted the “La Cima Public Improvement District Service and Assessment Plan Update for Neighborhood Improvement Area #2” (the “NIA #2 SAP”), relating to Neighborhood Improvement Area #2 and levied the Neighborhood Improvement Area #2 Special Assessments on the Assessed Property within Neighborhood Improvement Area #2 of the District; and

WHEREAS, the Commissioners Court is authorized by the PID Act to issue its revenue bonds payable from the Special Assessments for the purposes of (i) paying a portion of the Actual Costs of the NIA #1-2 Improvements (as defined in the Indenture), (ii) funding a reserve account for payment of principal and interest on bonds, and (iii) paying costs of issuance of such bonds; and

WHEREAS, the Commissioners Court now desires to issue revenue bonds, in accordance with the PID Act, such series of bonds to be entitled “Hays County, Texas, Special Assessment Revenue Bonds, Series 2020 (La Cima Public Improvement District Neighborhood Improvement Areas #1-2 Project)” (the “Bonds”) such Bonds being payable solely from the Trust Estate (as defined in the Indenture) consisting of the Pledged Revenues (as defined in the Indenture) and other assets pledged under the Indenture to the payment of the Bonds and for the purposes set forth in the preamble of this Order; and

WHEREAS, the Commissioners Court hereby finds and determines to (i) approve the issuance of the Bonds to finance the costs of the NIA# 1-2 Improvements identified in the Amended and Restated Service and Assessment Plan (as defined herein), (ii) approve the form, terms and provisions of the Indenture securing the Bonds, (iii) approve the forms, terms and provisions of the following agreements, each of which is defined and described more fully below: a Bond Purchase Agreement and a Continuing Disclosure Agreement, and (iv) approve a Limited Offering Memorandum (defined below) relating to the Bonds; and

WHEREAS, pursuant to the PID Act and the terms of the Initial Service and Assessment Plan, the Commissioners Court is required to at least annually update the Initial Service and Assessment Plan, including upon the issuance of bonds under the PID Act; and

WHEREAS, pursuant to the PID Act and the terms of the Initial Service and Assessment Plan, the Commissioners Court now wishes to accept and approve the Amended and Restated Service and Assessment Plan, in the form attached hereto as Exhibit D, which amends, restates and consolidates the DRAFTInitial Service and Assessment Plan, the NIA #1 SAP and NIA #2 SAP in their entirety and incorporates the issuance of the Bonds and the interest rates thereon; and

WHEREAS, the Commissioners Court herby finds and determines that the issuance of the Bonds is in best interest of the citizens of the County; and

2 4151-7977-3474.1 WHEREAS, the meeting at which this Order is considered is open to the public as required by law, and the public notice of the time, place and purpose of said meeting was given as required by Chapter 551, Texas Government Code, as amended; now, therefore

NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSIONERS COURT OF HAYS COUNTY, TEXAS:

SECTION 1. Findings. The findings and determinations set forth in the preamble hereof are hereby incorporated by reference for all purposes as if set forth in full herein. Capitalized terms used in this Order and not otherwise defined herein shall have the meanings assigned to them in the Indenture.

SECTION 2. Approval of Issuance of Bonds and Indenture of Trust.

(a) The issuance of the Bonds in the principal amount of $[______] for the purpose of providing funds for (i) paying a portion of the Actual Costs of the NIA #1-2 Improvements, (ii) funding a reserve fund for payment of principal and interest on the Bonds, and (iii) paying the costs of issuance of the Bonds.

(b) The Bonds shall be issued and secured under that certain Indenture of Trust (the “Indenture”) dated as of November 1, 2020, between the County and BOKF, NA, as Trustee (the “Trustee”), with such changes as may be necessary or desirable to carry out the intent of this Order and as approved by the County Judge of the County (the “County Judge”), such approval to be evidenced by the execution and delivery of the Indenture, which Indenture is hereby approved in substantially the form attached hereto as Exhibit A and is incorporated herein as a part hereof for all purposes. The County Judge is hereby authorized and directed to execute the Indenture and the County Clerk of the County (the “County Clerk”) is hereby authorized and directed to attest such signature of the County Judge.

(c) The Bonds shall be issued and secured under the Indenture. The Bonds shall be dated, shall mature on the date or dates and in the principal amounts, shall bear interest, shall be subject to redemption and shall have such other terms and provisions as set forth in the Indenture. The Bonds shall be in substantially the form set forth in the Indenture with such insertions, omissions and modifications as may be required to conform the form of bond to the actual terms of the Bonds. The Bonds shall be payable from and secured by the Pledged Revenues and other assets of the Trust Estate pledged to such Bonds, and shall never be payable from ad valorem taxes, or from any other revenues, properties or income of the County.

SECTION 3. Sale of Bonds; Approval of Bond Purchase Agreement. The Bonds shall be sold to FMSbonds, Inc. (the “Underwriter”) under that certain Bond Purchase Agreement (the “Bond Purchase Agreement”),DRAFT dated the date hereof, by and among the County and the Underwriter, substantially in the form attached hereto as Exhibit B, which is incorporated herein as a part hereof for all purposes, which terms of sale are declared to be the most advantageous terms reasonably obtainable by the County at this time and in the best interests of the County at the price and on the terms and provisions set forth in the Bond Purchase Agreement. The form, terms and provisions of the Bond Purchase Agreement are hereby authorized and approved with such changes as may be necessary or desirable to carry out the intent of this Order and the County

3 4151-7977-3474.1 Judge is hereby authorized and directed to execute and deliver the Bond Purchase Agreement, such approval to be evidenced by the execution thereof. The County Judge’s signature on the Bond Purchase Agreement may be attested by the County Clerk.

SECTION 4. Continuing Disclosure Agreement. That certain Continuing Disclosure Agreement of Issuer (the “Continuing Disclosure Agreement”) by and among the County, P3Works, LLC, as administrator, and Specialized Public Finance Inc., as dissemination agent, is hereby authorized and approved in substantially the form attached hereto as Exhibit C, which is incorporated herein as a part hereof for all purposes, and the County Judge or the County Auditor of the County (the “County Auditor”) are each hereby authorized and directed to execute and deliver such Continuing Disclosure Agreement with such changes as may be required to carry out the purpose of this Order and as approved by the County Judge or the County Auditor, such approval to be evidenced by the execution thereof.

SECTION 5. Limited Offering Memorandum. The form and content of the Preliminary Limited Offering Memorandum for the Bonds dated September 30, 2020 (the “Preliminary Limited Offering Memorandum”), and its use and distribution in the offering of the Bonds, is hereby ratified, approved and confirmed. The Commissioners Court finds and determines that the Preliminary Limited Offering Memorandum is “deemed final” as that term is defined in 17 C.F.R. Section 240.15c2-12. The final Limited Offering Memorandum (the “Limited Offering Memorandum”) is hereby approved and adopted with such changes and alterations therein as the County Judge, County Auditor or General Counsel of the County may approve, such approval to be conclusively evidenced by the delivery thereof. The Limited Offering Memorandum as thus approved and delivered, with such appropriate variations as shall be approved by the County Judge and the Underwriter, may be used by the Underwriter in the offering and sale of the Bonds. The County Clerk is hereby authorized and directed to include and maintain a copy of the Preliminary Limited Offering Memorandum and Limited Offering Memorandum and any addenda, supplement or amendment thereto thus approved among the permanent records of the meeting at which this Order was considered. Notwithstanding the approval and delivery of such Preliminary Limited Offering Memorandum and Limited Offering Memorandum by the County Judge, the County Judge and the Commissioners Court are not responsible for and proclaim no specific knowledge of the information contained in the Preliminary Limited Offering Memorandum and Limited Offering Memorandum pertaining to the NIA #1-2 Improvements, the Development (as defined in the Limited Offering Memorandum), the Developer (as defined in the Limited Offering Memorandum), or its financial ability, any builders or any landowners.

SECTION 6. The Amended and Restated Service and Assessment Plan. The “La Cima Public Improvement District 2020 Amended and Restated Service and Assessment Plan” (as updated and amended from time to time, the “Amended and Restated Service and Assessment Plan”) is hereby authorizedDRAFT and approved in substantially the form attached hereto as Exhibit D, which is incorporated herein as a part hereof for all purposes and the County Judge, the County Auditor, the County Clerk and the General Counsel of the County are each hereby authorized and directed to deliver such Amended and Restated Service and Assessment Plan with such changes as may be required to carry out the purposes of this Order. The Amended and Restated Service and Assessment Plan, including the method of assessment set forth therein, is approved and adopted as the service and assessment plan for the District and the Neighborhood Improvement Area #1 Assessment Roll and the Neighborhood Improvement Area #2 Assessment Roll (each as

4 4151-7977-3474.1 defined in the Amended and Restated Service and Assessment Plan and, collectively the “Assessment Rolls”) attached as Exhibit F and G, respectively, thereto, which restate the Special Assessments that have been levied against the Assessed Property (as defined in the Amended and Restated Service and Assessment Plan) within Neighborhood Improvement Area #1 and Neighborhood Improvement Area #2, respectively, by the Assessment Orders, is hereby approved. The County Judge, County Clerk, and any other appropriate officials of the County are hereby authorized to take all necessary actions on behalf of the County to implement the provisions thereof in accordance therewith, including the filing of the Assessment Rolls with the Hays County Tax Assessor/Collector.

SECTION 7. Additional Actions. The County Judge, the County Auditor, General Counsel, the County Clerk and other appropriate officials of the County are hereby authorized and directed to take any and all actions on behalf of the County necessary or desirable to carry out the intent and purposes of this Order and to issue the Bonds in accordance with the terms of this Order. The County Judge, the County Auditor, General Counsel, the County Clerk and other appropriate officials of the County are hereby authorized and directed to execute and deliver any and all certificates, agreements, notices, instruction letters, requisitions, and other documents which may be necessary or advisable in connection with the sale, issuance and delivery of the Bonds and the carrying out of the purposes and intent of this Order or any other certificates, agreements or other documents subsequent to the delivery of the Bonds which may be necessary or appropriate to carry out or fulfill the purpose and intent of the Amended and Restated Service and Assessment Plan and the acquisition and construction of the NIA #1-2 Improvements.

SECTION 8. Governing Law. This Order shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America.

SECTION 09. Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof.

SECTION 10. Severability. If any provision of this Order or the application thereof to any circumstance shall be held to be invalid, the remainder of this Order or the application thereof to other circumstances shall nevertheless be valid, and this governing body hereby declares that this Order would have been enacted without such invalid provision.

SECTION 11. Construction of Terms. If appropriate in the context of this Order, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders.

SECTION 12. Effective Date. This Order shall take effect and be in force immediately from and after its adoptionDRAFT on the date shown below in accordance with Texas Government Code, Section 1201.028, as amended.

[Execution page follows.]

5 4151-7977-3474.1 DULY PASSED AND APPROVED BY THE COMMISSIONERS COURT ON this 20th day of October 2020.

RUBEN BECERRA, County Judge of Hays County, Texas

ELAINE GARDENAS, County Clerk and Ex-Officio Clerk of the Commissioners Court of Hays County Texas

(COUNTY SEAL)

DRAFT

Signature Page to Hays County Bond Order 4151-7977-3474.1 EXHIBIT A

INDENTURE

DRAFT

A-1 4151-7977-3474.1 INDENTURE OF TRUST

By and Between

HAYS COUNTY, TEXAS

and

BOKF, NA as Trustee

DATED AS OF November 1, 2020

SECURING

$[PRINCIPAL] HAYS COUNTY, TEXAS, SPECIAL ASSESSMENT REVENUE BONDS, SERIES 2020 (LA CIMA PUBLIC IMPROVEMENT DISTRICT NEIGHBORHOODDRAFT IMPROVEMENT AREAS #1-2 PROJECT)

4159-2822-8646.5 TABLE OF CONTENTS

Page

ARTICLE I DEFINITIONS, FINDINGS AND INTERPRETATION ...... 5 Section 1.1. Definitions...... 5 Section 1.2. Findings...... 14 Section 1.3. Table of Contents, Titles and Headings...... 14 Section 1.4. Interpretation...... 14 ARTICLE II THE BONDS ...... 14 Section 2.1. Security for the Bonds...... 14 Section 2.2. Limited Obligations...... 15 Section 2.3. Authorization for Indenture...... 15 Section 2.4. Contract with Owners and Trustee...... 15 ARTICLE III AUTHORIZATION; GENERAL TERMS AND PROVISIONS REGARDING THE BONDS ...... 15 Section 3.1. Authorization...... 15 Section 3.2. Date, Denomination, Maturities, Numbers and Interest...... 15 Section 3.3. Conditions Precedent to Delivery of Bonds...... 16 Section 3.4. Medium, Method and Place of Payment...... 16 Section 3.5. Execution and Registration of Bonds...... 17 Section 3.6. Refunding Bonds...... 18 Section 3.7. Ownership...... 19 Section 3.8. Registration, Transfer and Exchange...... 19 Section 3.9. Cancellation...... 20 Section 3.10. Temporary Bonds...... 20 Section 3.11. Replacement Bonds...... 21 Section 3.12. Book-Entry Only System...... 22 Section 3.13. Successor Securities Depository: Transfer Outside Book-Entry- Only System...... 22 Section 3.14. Payments to Cede & Co...... 23 ARTICLE IV REDEMPTION OF BONDS BEFORE MATURITY ...... 23 Section 4.1. Limitation on Redemption...... 23 Section 4.2. Mandatory Sinking Fund Redemption...... 23 Section 4.3. Optional Redemption...... 24 Section 4.4. Extraordinary Optional Redemption...... 24 Section 4.5. Partial Redemption...... 24 Section 4.6. Notice of Redemption to Owners...... 25 Section 4.7. Payment Upon Redemption...... 25 Section 4.8. Effect of Redemption...... 26 ARTICLE V FORM OF THE BONDS ...... 26 Section 5.1.DRAFT Form Generally...... 26 Section 5.2. CUSIP Registration...... 26 Section 5.3. Legal Opinion...... 27 ARTICLE VI FUNDS AND ACCOUNTS ...... 27 Section 6.1. Establishment of Funds and Accounts...... 27 Section 6.2. Initial Deposits to Funds and Accounts...... 28 Section 6.3. Pledged Revenue Fund...... 28 Section 6.4. Bond Fund...... 29

i 4159-2822-8646.5 TABLE OF CONTENTS

Page

Section 6.5. Project Fund...... 29 Section 6.6. Redemption Fund...... 31 Section 6.7. Reserve Fund...... 31 Section 6.8. Rebate Fund: Rebate Amount...... 33 Section 6.9. Administrative Fund...... 33 Section 6.10. Investment of Funds...... 34 Section 6.11. Security of Funds...... 35 ARTICLE VII COVENANTS ...... 35 Section 7.1. Confirmation of Special Assessments...... 35 Section 7.2. Collection and Enforcement of Special Assessments...... 35 Section 7.3. Against Encumbrances...... 35 Section 7.4. Records, Accounts, Accounting Reports...... 36 Section 7.5. Covenants to Maintain Tax-Exempt Status...... 36 ARTICLE VIII LIABILITY OF COUNTY ...... 38 ARTICLE IX THE TRUSTEE ...... 40 Section 9.1. Trustee as Registrar and Paying Agent...... 40 Section 9.2. Trustee Entitled to Indemnity...... 40 Section 9.3. Responsibilities of the Trustee...... 41 Section 9.4. Property Held in Trust...... 41 Section 9.5. Trustee Protected in Relying on Certain Documents...... 41 Section 9.6. Compensation...... 42 Section 9.7. Permitted Acts...... 42 Section 9.8. Resignation of Trustee...... 43 Section 9.9. Removal of Trustee...... 43 Section 9.10. Successor Trustee...... 43 Section 9.11. Transfer of Rights and Property to Successor Trustee...... 44 Section 9.12. Merger, Conversion or Consolidation of Trustee...... 44 Section 9.13. Security Interest in Trust Estate...... 45 Section 9.14. Construction of Indenture...... 45 ARTICLE X MODIFICATION OR AMENDMENT OF THIS INDENTURE ...... 45 Section 10.1. Amendments Permitted...... 45 Section 10.2. Owners’ Meetings...... 46 Section 10.3. Procedure for Amendment with Written Consent of Owners...... 46 Section 10.4. Effect of Supplemental Indenture...... 47 Section 10.5. Endorsement or Replacement of Bonds Issued After Amendments...... 47 Section 10.6. Amendatory Endorsement of Bonds...... 47 Section 10.7. Waiver of Default...... 47 Section 10.8. Execution of Supplemental Indenture...... 48 ARTICLE XI DEFAULT AND REMEDIES ...... 48 Section 11.1. Events of Default...... 48 Section 11.2.DRAFT Immediate Remedies for Default...... 48 Section 11.3. Restriction on Owner’s Action...... 49 Section 11.4. Application of Revenues and Other Moneys After Default...... 50 Section 11.5. Effect of Waiver...... 51 Section 11.6. Evidence of Ownership of Bonds...... 51 Section 11.7. No Acceleration...... 52 Section 11.8. Mailing of Notice...... 52 Section 11.9. Exclusion of Bonds...... 52

i 4159-2822-8646.5 TABLE OF CONTENTS

Page

Section 11.10. Remedies Not Exclusive...... 52 Section 11.11. Direction by Owners...... 52 ARTICLE XII GENERAL COVENANTS AND REPRESENTATIONS ...... 52 Section 12.1. Representations as to Trust Estate...... 52 Section 12.2. Accounts, Periodic Reports and Certificates...... 53 Section 12.3. General...... 53 ARTICLE XIII SPECIAL COVENANTS ...... 53 Section 13.1. Further Assurances; Due Performance...... 53 Section 13.2. Additional Obligations or Other Liens...... 54 Section 13.3. Books of Record...... 54 ARTICLE XIV PAYMENT AND CANCELLATION OF THE BONDS AND SATISFACTION OF THE INDENTURE ...... 55 Section 14.1. Trust Irrevocable...... 55 Section 14.2. Satisfaction of Indenture...... 55 Section 14.3. Bonds Deemed Paid...... 55 ARTICLE XV MISCELLANEOUS ...... 56 Section 15.1. Benefits of Indenture Limited to Parties...... 56 Section 15.2. Successor is Deemed Included in All References to Predecessor...... 56 Section 15.3. Execution of Documents and Proof of Ownership by Owners...... 56 Section 15.4. Waiver of Personal Liability...... 56 Section 15.5. Notices to and Demands on County and Trustee...... 56 Section 15.6. Partial Invalidity...... 58 Section 15.7. Applicable Laws...... 58 Section 15.8. Payment on Business Day...... 58 Section 15.9. Counterparts...... 58 Section 15.10. No Boycott of Israel...... 58 Section 15.11. Iran, Sudan, and Foreign Terrorist Organizations...... 59 EXHIBIT A ...... A-1 EXHIBIT B ...... B-1 DRAFT

i 4159-2822-8646.5 INDENTURE OF TRUST

THIS INDENTURE, dated as of November 1, 2020 is by and between HAYS COUNTY, TEXAS (the “County”), and BOKF, NA, national association, as trustee (together with its successors, the “Trustee”). Capitalized terms used in the preambles, recitals and granting clauses and not otherwise defined shall have the meanings assigned thereto in Article I.

WHEREAS, a petition was submitted by the Petitioner (defined herein) and filed with the County Clerk of Hays County, Texas (the “County Clerk”) pursuant to the Public Improvement District Assessment Act, Texas Local Government Code, Chapter 372, as amended (the “PID Act”), requesting the creation of a public improvement district located in the County and the extraterritorial jurisdiction of the City of San Marcos, Texas (the “City”) to be known as the La Cima Public Improvement District (the “District”); and

WHEREAS, the petition contained the signature of the owner of taxable property representing more than fifty percent of the appraised value of taxable real property liable for assessment within the District, as determined by the then current ad valorem tax rolls of the Hays Central Appraisal District, and the signatures of the record owner of real taxable real property that constitutes more than fifty percent of the area of all taxable property that is liable for assessment by the District; and

WHEREAS, on September 2, 2014, and continued on September 23, 2014, after due notice, the Commissioners Court of the County (the “Commissioners Court”) held the public hearing in the manner required by law on the advisability of the improvement projects and services described in the petition as required by Sec. 372.009 of the PID Act and on September 23, 2014, the Commissioners Court made the findings required by Sec. 372.009(b) of the PID Act and, by resolution adopted by a majority of the members of the Commissioners Court, authorized the creation of the District in accordance with its finding as to the advisability of the improvement projects and services; and

WHEREAS, on September 28, 2014, the County published notice of its authorization of the creation of the District in the San Marcos Daily Record, a newspaper of general circulation in the County and the extraterritorial jurisdiction of the City; and

WHEREAS, no written protests of the District from any owners of record of property within the District were filed with the County Clerk within 20 days after September 28, 2014; and

WHEREAS, the District is within the extraterritorial jurisdiction of the City, and no objection was made by the City to the establishment of the District within 30 days of the County’s action to approve the District; and

WHEREAS, the County has previously issued the Hays County, Texas, Special Assessment RevenueDRAFT Bonds, Series 2015 (La Cima Public Improvement District Major Improvement Area Project) (the "Major Improvement Area Bonds") secured by certain assessments levied against property located within the District; and

WHEREAS, in the indenture of trust authorizing the Major Improvement Area Bonds, as amended by the first supplement to indenture of trust (the “MIA Indenture”), the County reserved the right to issue additional series of bonds as "Neighborhood Improvement PID Bonds" pursuant to other indentures, assessment orders, or similar agreements which do not constitute

4159-2822-8646.5 or create a lien on the trust estate created under the MIA Indenture and are not payable from pledged revenues which secure the Major Improvement Area Bonds; provided that prior to the issuance of such “Neighborhood Improvement PID Bonds” the requirements set forth in Section 13.2(e) of the MIA Indenture must be satisfied; and

WHEREAS, on March 6, 2018, the Commissioners Court, by Resolution No. 32445, made findings and determinations relating to the Actual Costs (as defined herein) of certain Authorized Improvements (as defined herein) allocable to the property within the District located in the first construction phase of the District ("Neighborhood Improvement Area #1"), received a preliminary update to the Service and Assessment Plan (as defined herein), including a proposed assessment roll for Neighborhood Improvement Area #1 (the “NIA #1 Assessment Roll”), called a public hearing for March 20, 2018, and directed County staff to: (i) file said proposed NIA #1 Assessment Roll with the County Clerk and to make it available for public inspection as required by Section 372.016(b) of the PID Act, and (ii) publish such notice of the March 20, 2018 public hearing, as required by Section 372.016(b) of the PID Act; and

WHEREAS, on March 8, 2018, the Commissioners Court, pursuant to Section 372.016(b) of the PID Act, published notice of the public hearing in the San Marcos Daily Record, a newspaper of general circulation in the County and in the extraterritorial jurisdiction of the City, to consider the proposed “NIA #1 Assessment Roll” and the "La Cima Public Improvement District Service and Assessment Plan Update for Neighborhood Improvement Area #1" (the "NIA #1 SAP") and the levy of the Neighborhood Improvement Area #1 Assessments (as defined herein) on property in Neighborhood Improvement Area #1 of the District; and

WHEREAS, the Commissioners Court, pursuant to Section 372.016(c) of the PID Act, mailed notice of the public hearing to consider the proposed NIA #1 Assessment Roll and the NIA #1 SAP and the levy of Neighborhood Improvement Area #1 Assessments on property in Neighborhood Improvement Area #1 of the District to the last known address of the owners of the property liable for the Neighborhood Improvement Area #1 Assessments; and WHEREAS, the Commissioners Court convened the hearing on March 20, 2018, and at such public hearing all persons who appeared, or requested to appear, in person or by their attorney, were given the opportunity to contend for or contest the proposed NIA #1 Assessment Roll and the Neighborhood Improvement Area #1 Assessments, and to offer testimony pertinent to any issue presented on the amount of the Neighborhood Improvement Area #1 Assessments, the allocation of the Actual Costs of the Neighborhood Improvement Area #1 Improvements (as defined herein), the purposes of the Neighborhood Improvement Area #1 Assessments, the special benefits of the Neighborhood Improvement Area #1 Improvements, and the penalties and interest on annual installments and on delinquent annual installments of the Neighborhood Improvement Area #1 Assessments; and WHEREAS, the Commissioners Court closed the hearing, and, after considering all written and documentary evidence presented at the hearing, including all written comments and statements filed withDRAFT the County, the Commissioners Court approved Order No. 32472 (the "Neighborhood Improvement Area #1 Assessment Order"), which levied the Neighborhood Improvement Area #1 Assessments and approved and accepted the NIA #1 SAP in conformity with the requirements of the PID Act and the Commissioners Court found and determined that the Neighborhood Improvement Area #1 Assessments should be levied as provided in the NIA #1 SAP and the NIA #1 Assessment Roll; and

2 4159-2822-8646.5 WHEREAS, on February 4, 2020, the Commissioners Court, by Resolution No. 34831, made findings and determinations relating to the Actual Costs of certain Authorized Improvements allocable to the property within the District located in the second construction phase of the District ("Neighborhood Improvement Area #2"), received a preliminary update to the Service and Assessment Plan, including a proposed assessment roll for Neighborhood Improvement Area #2 (the “NIA #2 Assessment Roll”), called a public hearing for February 25, 2020, and directed County staff to: (i) file said proposed NIA #2 Assessment Roll with the County Clerk and make it available for public inspection as required by Section 372.016(b) of the PID Act, and (ii) publish such notice of the February 25, 2020 public hearing, as required by Section 372.016(b) of the PID Act; and

WHEREAS, on February 9, 2020, the Commissioners Court, pursuant to Section 372.016(b) of the PID Act, published notice of the public hearing in the San Marcos Daily Record, a newspaper of general circulation in the County and in the extraterritorial jurisdiction of the City, to consider the proposed “NIA #2 Assessment Roll” and the "La Cima Public Improvement District Neighborhood Improvement Area #2 Service and Assessment Plan" (the "NIA #2 SAP") and the levy of the Neighborhood Improvement Area #2 Assessments (as defined herein) on property in Neighborhood Improvement Area #2 of the District; and

WHEREAS, the Commissioners Court, pursuant to Section 372.016(c) of the PID Act, mailed notice of the public hearing to consider the proposed NIA #2 Assessment Roll and the NIA #2 SAP, and the levy of Neighborhood Improvement Area #2 Assessments on property in Neighborhood Improvement Area #2 of the District to the last known address of the owners of the property liable for the Neighborhood Improvement Area #2 Assessments; and WHEREAS, the Commissioners Court convened the hearing on February 25, 2020, and at such public hearing all persons who appeared, or requested to appear, in person or by their attorney, were given the opportunity to contend for or contest the proposed NIA #2 Assessment Roll and the Neighborhood Improvement Area #2 Assessments, and to offer testimony pertinent to any issue presented on the amount of the Neighborhood Improvement Area #2 Assessments, the allocation of the Actual Costs of the Neighborhood Improvement Area #2 Improvements (as defined herein), the purposes of the Neighborhood Improvement Area #2 Assessments, the special benefits of the Neighborhood Improvement Area #2 Improvements, and the penalties and interest on annual installments and on delinquent annual installments of the Neighborhood Improvement Area #2 Assessments; and WHEREAS, the Commissioners Court closed the hearing, and, after considering all written and documentary evidence presented at the hearing, including all written comments and statements filed with the County, the Commissioners Court approved Order No. 34898 (the "Neighborhood Improvement Area #2 Assessment Order"), which levied the Neighborhood Improvement Area #2 Assessments and approved and accepted the NIA #2 SAP in conformity with the requirements of the PID Act and the Commissioners Court found and determined that the Neighborhood Improvement Area #2 Assessments should be levied as provided in the NIA #2 SAP and the NIA DRAFT#2 Assessment Roll; and WHEREAS, the Commissions Court desires to amend and restate the Service and Assessment Plan, to incorporate and consolidate the provisions of the Service and Assessment Plan, the NIA #1 SAP and the NIA #2 SAP into one document; and WHEREAS, the Commissioners Court is authorized by the PID Act to issue its revenue bonds payable from the Neighborhood Improvement Area #1 Assessments and the Neighborhood Improvement Area #2 Assessments (collectively, the "Special Assessments") for the purpose of (i) paying a portion of the Actual Costs of the Neighborhood Improvement Area

3 4159-2822-8646.5 #1 Improvements and the Neighborhood Improvement Area #2 Improvements (collectively, the “NIA #1-2 Improvements”), (ii) funding a reserve fund for payment of principal and interest on the Bonds, and (iii) paying costs of issuance of bonds; and WHEREAS, the Commissioners Court now desires to issue revenue bonds, in accordance with the PID Act and as Neighborhood Improvement PID Bonds under the MIA Indenture, such bonds to be entitled “Hays County, Texas, Special Assessment Revenue Bonds, Series 2020 (La Cima Public Improvement District Neighborhood Improvement Areas #1-2 Project)” (the “Bonds”), such Bonds being payable solely from the Pledged Revenues (as defined herein) and other funds pledged under this Indenture to the payment of the Bonds and for the purposes set forth in the preamble of this Indenture; and WHEREAS, prior to the issuance of the Bonds, evidence satisfactory to the County and its advisors has been presented that the requirements of Section 13.2(e) of the MIA Indenture have been satisfied and that the Bonds may be issued as Neighborhood Improvement PID Bonds in accordance with the MIA Indenture; and WHEREAS, the Trustee has agreed to accept the trusts herein created upon the terms set forth in this Indenture; NOW, THEREFORE, the County, in consideration of the foregoing premises and acceptance by the Trustee of the trusts herein created, of the purchase and acceptance of the Bonds by the Owners thereof, and of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby GRANT, CONVEY, PLEDGE, TRANSFER, ASSIGN, and DELIVER to the Trustee for the benefit of the Owners, a security interest in all of the moneys, rights and properties described in the Granting Clauses hereof, as follows (collectively, the “Trust Estate”): FIRST GRANTING CLAUSE

The Pledged Revenues and all moneys and investments held in the Pledged Funds, including any and all proceeds thereof and any contract or any evidence of indebtedness related thereto or other rights of the County to receive any of such moneys or investments, whether now existing or hereafter coming into existence, and whether now or hereafter acquired; and

SECOND GRANTING CLAUSE

Any and all other property or money of every name and nature which is, from time to time hereafter by delivery or by writing of any kind, conveyed, pledged, assigned or transferred, to the Trustee as additional security hereunder by the County or by anyone on its behalf or with its written consent, and the Trustee is hereby authorized to receive any and all such property or money at any and all times and to hold and apply the same subject to the terms thereof;

TO HAVE AND TO HOLD the Trust Estate, whether now owned or hereafter acquired, unto the Trustee andDRAFT its successors or assigns; IN TRUST NEVERTHELESS, upon the terms and trusts herein set forth for the benefit of all present and future Owners of the Bonds from time to time issued under and secured by this Indenture, and for enforcement of the payment of the Bonds in accordance with their terms, and for the performance of and compliance with the obligations, covenants, and conditions of this Indenture;

4 4159-2822-8646.5 PROVIDED, HOWEVER, that if and to the extent Special Assessments have been prepaid, the lien on real property associated with such Special Assessment prepayment shall be released;

PROVIDED, FURTHER, HOWEVER, if the County or its assigns shall well and truly pay, or cause to be paid, the principal or Redemption Price (as defined herein) of and the interest on all the Bonds at the times and in the manner stated in the Bonds, according to the true intent and meaning thereof, then this Indenture and the rights hereby granted shall cease, terminate and be void; otherwise this Indenture is to be and remain in full force and effect;

THIS INDENTURE FURTHER WITNESSETH, and it is expressly declared, that all Bonds issued and secured hereunder are to be issued, authenticated, and delivered and the Trust Estate hereby created, assigned, and pledged is to be dealt with and disposed of under, upon and subject to the terms, conditions, stipulations, covenants, agreements, trusts, uses, and purposes as hereinafter expressed, and the County has agreed and covenanted, and does hereby agree and covenant, with the Trustee and with the respective Owners from time to time of the Bonds as follows:

ARTICLE I

DEFINITIONS, FINDINGS AND INTERPRETATION

Section 1.1. Definitions. Unless otherwise expressly provided or unless the context clearly requires otherwise in this Indenture, the following terms shall have the meanings specified below: “Account” means any of the accounts established pursuant to Section 6.1 of this Indenture. “Actual Costs” mean, with respect to NIA #1-2 Improvements, the demonstrated, reasonable, allocable, and allowable costs of constructing such NIA #1-2 Improvements, as specified in a payment request in a form that has been reviewed and approved by the County and in an amount not to exceed the amount for each NIA #1-2 Improvement as set forth in the Amended and Restated Service and Assessment Plan. Actual Costs may include (a) the costs incurred by or on behalf of the Landowner (either directly or through affiliates) for the design, planning, financing, administration/management, acquisition, installation, construction and/or implementation of such NIA #1-2 Improvement, (b) the costs incurred by or on behalf of the Landowner in preparing the plans for such NIA #1-2 Improvement, (c) the fees paid for obtaining permits, licenses or other governmental approvals for such NIA #1-2 Improvement, (d) a construction management fee of 4.0% of the costs incurred by or on behalf of the Landowner for the construction of such NIA #1-2 Improvement if the Landowner is serving as the construction manager, (e) the costs incurred by or on behalf of the Landowner for external professional costs, such as engineering, geotechnical, surveying, land planning, architectural landscapers, advertising, marketingDRAFT and research studies, appraisals, legal, accounting and similar professional services, taxes (property and franchise) related to the NIA #1-2 Improvements, (f) all labor, bonds and materials, including equipment and fixtures, by contractors, builders and materialmen in connection with the acquisition, construction or implementation of the NIA #1-2 Improvements, (g) all related permitting, zoning and public approval expenses, architectural, engineering, and consulting fees, financing charges, taxes, governmental fees and charges, insurance premiums, and miscellaneous expenses, and all payments for Administrative Expenses after the date of a resolution authorizing such reimbursement, plus interest, if any, at

5 4159-2822-8646.5 the lower of (x) the maximum interest rate permitted by the PID Act or (y) the interest rate of the Bonds 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 0.50% additional interest rate charged on the Special Assessments pursuant to Section 372.018 of the PID Act.

"Additional Interest Reserve Account" means the reserve account administered by the County and segregated from other funds of the County in accordance with the provisions of Section 6.7 of this Indenture.

"Additional Interest Reserve Requirement" means an amount equal to 5.50% of the principal amount of the Outstanding Bonds to be funded from Assessment Revenues to be deposited to the Pledged Revenue Fund and transferred to the Additional Interest Reserve Account.

“Additional Obligations” means any bonds or obligations, including specifically, any installment contracts, reimbursement agreements, temporary note or time warrant secured in whole or in part by an assessment, other than the Special Assessments securing the Bonds, levied against property within the District in accordance with the PID Act.

“Administrative Expenses” means the following actual or budgeted costs, as applicable, related to the administrative, organization, maintenance and operation costs and expenses associated with, or incident to, the administration, organization, maintenance and operation of the District, including, but not limited to, the costs of (i) legal counsel, engineers, accountants, financial advisors, investment bankers or other consultants and advisors, (ii) creating and organizing the District and preparing the Assessment Rolls, (iii) computing, levying, collecting and transmitting the Special Assessments or the installments thereof, (iv) maintaining the record of installments, payments and reallocations and/or cancellations of the Special Assessments, (v) issuing, paying and redeeming the Bonds, (vi) investing or depositing the Special Assessments, (vii) complying with the PID Act with respect to the Bonds, (viii) paying the Paying Agent/Registrar's and Trustee's fees and expenses (including the fees and expenses of its legal counsel), and (ix) administering the construction of the NIA #1-2 Improvements, in accordance with the terms of the Amended and Restated Service and Assessment Plan. “Administrative Fund” means that Fund established by Section 6.1 and administered pursuant to Section 6.9 hereof. “Administrator” means the County or third-party designee of the County who shall have the responsibilities provided in the Amended and Restated Service and Assessment Plan, this Indenture, or any other agreement or document approved by the County related to the duties and responsibilities DRAFT of the administration of the District. The initial Administrator is P3Works, LLC. “Amended and Restated Service and Assessment Plan” means the 2020 Amended and Restated Service and Assessment Plan approved by the Commissioners Court on October 20, 2020, which incorporates provisions of the Service and Assessment Plan, NIA #1 SAP and NIA #2 SAP into one document and amends and restates each such document in its entirety, as it may be modified and updated from time to time.

6 4159-2822-8646.5 “Annual Debt Service” means, for each Bond Year, the sum of (i) the interest due on the Outstanding Bonds in such Bond Year, assuming that the Outstanding Bonds are retired as scheduled (including by reason of Sinking Fund Installments), and (ii) the principal amount of the Outstanding Bonds due in such Bond Year (including any Sinking Fund Installments due in such Bond Year). “Annual Installment” means, with respect to each Assessed Parcel, each annual payment of (i) the Special Assessments (including both principal of and interest on the Special Assessments) as shown on the Assessment Rolls attached to the Amended and Restated Service and Assessment Plan as Appendix F as it relates to the Neighborhood Improvement Area #1 Improvements and Appendix G as it relates to the Neighborhood Improvement Area #2 Improvements, or in an Annual Service Plan Update, and calculated as provided in the Amended and Restated Service and Assessment Plan, (ii) Administrative Expenses, and (iii) Additional Interest. "Annual Service Plan Update" means the annual review and update of the Amended and Restated Service and Assessment Plan required by the PID Act and the Amended and Restated Service and Assessment Plan. “Applicable Laws” means the PID Act, and all other laws or statutes, rules, or regulations, and any amendments thereto, of the State of Texas or of the United States, by which the County and its powers, securities, operations, and procedures are, or may be, governed or from which its powers may be derived.

“Assessed Parcel” means each respective parcel of land located within Neighborhood Improvement Area #1 and Neighborhood Improvement Area #2 of the District against which a Special Assessment is levied.

“Assessment Orders” means, collectively, the Neighborhood Improvement Area #1 Assessment Order and the Neighborhood Improvement Area #2 Assessment Order.

"Assessment Revenue" means monies collected by or on behalf of the County from any one or more of the following: (i) a Special Assessment levied against an Assessed Parcel, or Annual Installment payment thereof, including any interest on such Special Assessment or Annual Installment thereof during any period of delinquency, but excluding any portion of the Annual Installment allocable to Administrative Expenses, (ii) a Prepayment, and (iii) Foreclosure Proceeds. Assessment Revenues does not include Delinquent Collection Costs.

“Assessment Rolls” means, collectively, the Assessment Roll attached as Appendix F (with respect to Neighborhood Improvement Area #1) and Appendix G (with respect to Neighborhood Improvement Area #2) to the Amended and Restated Service and Assessment Plan or any other Assessment Roll in an amendment or supplement to the Amended and Restated Service and Assessment Plan or in an Annual Service Plan Update, showing the total amount of the Special Assessment against each Assessed Parcel related to the Bonds and the NIA #1-2 Improvements,DRAFT as updated, modified, or amended from time to time in accordance with the terms of the Amended and Restated Service and Assessment Plan and the PID Act.

“Authorized Denomination” means $25,000 and any integral multiple of $5,000 in excess thereof; provided, however, that if the total principal amount of the Outstanding Bonds is less than $25,000, then the Authorized Denomination of such Outstanding Bond shall be the amount of the Outstanding Bonds.

7 4159-2822-8646.5 "Authorized Improvements" means improvements authorized by Section 372.003 of the PID Act including those listed in Section III of the Service and Assessment Plan.

“Bond” means any of the Bonds.

“Bond Counsel” means Orrick, Herrington & Sutcliffe LLP or any other attorney or firm of attorneys designated by the County that are nationally recognized for expertise in rendering opinions as to the legality and tax-exempt status of securities issued by public entities.

“Bond Fund” means the Fund established pursuant to Section 6.1 and administered as provided in Section 6.4.

“Bond Order” means Order No. [_____] adopted by the Commissioners Court on October 20, 2020 authorizing the issuance of the Bonds pursuant to this Indenture.

“Bond Pledged Revenue Account” means the Account established pursuant to Section 6.1.

“Bond Year” means the one-year period beginning on October 1 in each year and ending on September 30 in the following year.

"Bonds” means the County's bonds authorized to be issued by Section 3.1 of this Indenture entitled “Hays County, Texas, Special Assessment Revenue Bonds, Series 2020 (La Cima Public Improvement District Neighborhood Improvement Areas #1-2 Project)”.

“Business Day” means any day other than a Saturday, Sunday or legal holiday in the State of Texas observed as such by the County or the Trustee.

“Certificate for Payment” means a certificate substantially in the form attached hereto as Exhibit B or otherwise approved by the respective Landowner and the County Representative executed by a Person approved by the County Representative, delivered to the County Representative and the Trustee specifying the amount of work performed and the Actual Costs thereof, and requesting payment for such Actual Costs from money on deposit in the Project Fund as further described in the PID Reimbursement Agreements and Section 6.5 herein.

“Closing Date” means the date of the initial delivery of and payment for the Bonds.

“Code” means the Internal Revenue Code of 1986, as amended, including applicable regulations, published rulings and court decisions.

“Costs of Issuance Account” means the Account established pursuant to Section 6.1. “County Certificate”DRAFT means a certificate signed by a County Representative and delivered to the Trustee.

“County Representative” means any official or agent of the County authorized by the Commissioners Court to undertake the action referenced herein.

“Defeasance Securities” means Investment Securities then authorized by applicable law for the investment of funds to defease public securities.

8 4159-2822-8646.5 “Delinquent Collection Costs” means interest, penalties and expenses incurred or imposed with respect to any delinquent installment of a Special Assessment in accordance with the PID Act and the costs related to pursuing collection of a delinquent Special Assessment and foreclosing the lien against the Assessed Parcel, including attorney’s fees.

“Designated Payment/Transfer Office” means (i) with respect to the initial Paying Agent/Registrar named in this Indenture, the transfer/payment office located in Houston, Texas, or such other location designated by the Paying Agent/Registrar and (ii) with respect to any successor Paying Agent/Registrar, the office of such successor designated and located as may be agreed upon by the County and such successor.

"Developer" means La Cima San Marcos, LLC, a Texas limited liability company, an affiliate of the Landowner, and its assignees or affiliates.

“District” means the La Cima Public Improvement District.

“District Administration Account” means the Account of such name established pursuant to Section 6.1.

“DTC” shall mean The Depository Trust Company of New York, New York, or any successor securities depository.

“DTC Participant” shall mean brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations on whose behalf DTC was created to hold securities to facilitate the clearance and settlement of securities transactions among DTC Participants.

“Foreclosure Proceeds” means the proceeds, including interest and penalty interest, received by the County from the enforcement of the Special Assessments against any Assessed Parcel or Assessed Parcels, whether by foreclosure of lien or otherwise, but excluding and net of all Delinquent Collection Costs.

“Fund” means any of the funds established pursuant to Section 6.1 of this Indenture.

“Indenture” means this Indenture of Trust as originally executed or as it may be from time to time supplemented or amended by one or more indentures supplemental hereto and entered into pursuant to the applicable provisions hereof.

“Independent Financial Consultant” means any consultant or firm of such consultants appointed by the County who, or each of whom: (i) is judged by the County, as the case may be, to have experience in matters relating to the issuance and/or administration of the Bonds; (ii) is in fact independent and not under the domination of the County; (iii) does not have any substantial interest, direct or indirect, with or in the County, or any owner of real property in the District, or any real DRAFT property in the District; and (iv) is not connected with the County as an officer or employee of the County, but who may be regularly retained to make reports to the County.

“Initial Bond” means the Initial Bond as set forth in Exhibit A to this Indenture.

9 4159-2822-8646.5 “Interest Payment Date” means the date or dates upon which interest on the Bonds is scheduled to be paid until their respective dates of maturity or prior redemption, such dates being on March 15 and September 15 of each year, commencing March 15, 2021

“Investment Securities” means those authorized investments described in the Public Funds Investment Act, Texas Government Code, Chapter 2256, as amended; and provided further investments are, at the time made, included in and authorized by the County’s official investment policy as approved by the Commissioners Court from time to time.

“Landowner” means, collectively, the Phase 1 – Section 1 Owner, the Phase 1 – Section 2 Owner and the Neighborhood Improvement Area #2 Owner.

“Maximum Annual Debt Service” means the largest Annual Debt Service for any Bond Year after the calculation is made through the final maturity date of any Outstanding Bonds. “Minor Amount Redemption” means a redemption pursuant to Section 4.4 of this Indenture of a principal amount of Bonds redeemed that is less than 10% of the Outstanding principal amount of the Bonds. "Neighborhood Improvement Area #1" means the first phase to be developed within the District and further identified and depicted in Exhibit S to the Amended and Restated Service and Assessment Plan. “Neighborhood Improvement Area #1 Assessments” means the aggregate assessments shown on the Assessment Roll for Neighborhood Improvement Area #1.

"Neighborhood Improvement Area #1 Improvements" means the Authorized Improvements which will benefit the Assessed Parcels located within Neighborhood Improvement Area #1 of the District, as more particularly described in Section III.B of the Amended and Restated Service and Assessment Plan. “Neighborhood Improvement Area #1 Improvement Account” means the Account of such name established pursuant to Section 6.1. "Neighborhood Improvement Area #2" means the second phase to be developed within the District and further identified and depicted in Exbibit V to the Amended and Restated Service and Assessment Plan. “Neighborhood Improvement Area #2 Assessments” means the aggregate assessments shown on the Assessment Roll for Neighborhood Improvement Area #2.

“Neighborhood Improvement Area #2 Improvement Account” means the Account of such name established pursuant to Section 6.1. "Neighborhood Improvement Area #2 Improvements" means the Authorized Improvements whichDRAFT will benefit the Assessed Parcels located within Neighborhood Improvement Area #2 of the District, as more particularly described in Section III.C of the Amended and Restated Service and Assessment Plan. “Neighborhood Improvement Area #2 Owner” means LCSM Ph. 2 LLC, a Texas limited liability company wholly owned by the Developer. “Neighborhood Improvement Area #2 Reimbursement Agreement” means the "PID Reimbursement Agreement – Neighborhood Improvement Area #2" between the County and

10 4159-2822-8646.5 Neighborhood Improvement Area #2 Owner, relating to the Bonds, dated as of June 4, 2019, which provides, in part, for the deposit of proceeds from the issuance and sale of the Bonds and the payment of costs of Authorized Improvements within Neighborhood Improvement Area #2, the issuance of bonds, the reimbursement of costs to the Neighborhood Improvement Area #2 Owner from the proceeds of the Bonds for funds advanced by the Neighborhood Improvement Area #2 Owner and used to pay Actual Costs of such Authorized Improvements and other matters related thereto. “NIA #1-2 Improvements” means, collectively, the Neighborhood Improvement Area #1 Improvements and the Neighborhood Improvement Area #2 Improvements. "NIA #1 SAP" means the document, including the NIA #1 Assessment Roll, as amended, which is attached as Exhibit A to the Neighborhood Improvement Area #1 Assessment Order. "NIA #2 SAP" means the document, including the NIA #2 Assessment Roll, as amended, which is attached as Exhibit A to the Neighborhood Improvement Area #2 Assessment Order. “Outstanding” means, as of any particular date when used with reference to the Bonds, all Bonds authenticated and delivered under this Indenture except (i) any Bond that has been canceled by the Trustee (or has been delivered to the Trustee for cancellation) at or before such date, (ii) any Bond for which the payment of the principal or Redemption Price of and interest on such Bond shall have been made as provided in Article IV, and (iii) any Bond in lieu of or in substitution for which a new Bond shall have been authenticated and delivered pursuant to Section 3.10 herein. “Owner” means the Person who is the registered owner of a Bond or Bonds, as shown in the Register, which shall be Cede & Co., as nominee for DTC, so long as the Bonds are in book-entry only form and held by DTC as securities depository in accordance with Section 3.11 herein. “Paying Agent/Registrar” means initially the Trustee, or any successor thereto as provided in this Indenture. “Person” or “Persons” means any individual, corporation, partnership, limited liability company, joint venture, association, joint-stock company, trust, unincorporated organization or government or any agency or political subdivision thereof. “Petitioner” means Lazy Oaks Ranch, LP. “Phase 1 – Section 1 Owner” means LCSM Ph. 1-1, LLC, a Texas limited liability company wholly owned by the Developer. “Phase 1 – Section 1 Reimbursement Agreement” means the "PID Reimbursement Agreement – Neighborhood Improvement Area #1 – Phase 1 – Section 1" between the County and Phase 1 – Section 1 Owner, relating to the Bonds, effective as of March 20, 2018, which provides, in part, for the deposit of proceeds from the issuance and sale of the Bonds and the payment of costs of DRAFTAuthorized Improvements within Neighborhood Improvement Area #1, the issuance of bonds, the reimbursement of costs to the Phase 1 – Section 1 Owner from the proceeds of the Bonds for funds advanced by the Phase 1 – Section 1 Owner and used to pay Actual Costs of such Authorized Improvements and other matters related thereto.

“Phase 1 – Section 2 Owner” means LCSM Ph. 1-2, LLC, a Texas limited liability company wholly owned by the Developer.

11 4159-2822-8646.5 “Phase 1 – Section 2 Reimbursement Agreement” means the "PID Reimbursement Agreement – Neighborhood Improvement Area #1 – Phase 1 – Section 2" between the County and Phase 1 – Section 2 Owner, relating to the Bonds, effective as of March 20, 2018, which provides, in part, for the deposit of proceeds from the issuance and sale of the Bonds and the payment of costs of Authorized Improvements within Neighborhood Improvement Area #1, the issuance of bonds, the reimbursement of costs to the Phase 1 – Section 2 Owner from the proceeds of the Bonds for funds advanced by the Phase 1 – Section 2 Owner and used to pay Actual Costs of such Authorized Improvements and other matters related thereto.

“PID Act” means Texas Local Government Code, Chapter 372, as amended.

“PID Reimbursement Agreements” means, collectively, the Phase 1 – Section 1 Reimbursement Agreement, the Phase 1 – Section 2 Reimbursement Agreement and the Neighborhood Improvement Area #2 Reimbursement Agreement.

“Pledged Funds” means the Pledged Revenue Fund, the Bond Fund, the Project Fund, the Reserve Fund, and the Redemption Fund.

“Pledged Revenue Fund” means that Fund established pursuant to Section 6.1 and administered pursuant to Section 6.3 herein.

“Pledged Revenues” means the sum of (i) Assessment Revenue, (ii) the moneys held in any of the Pledged Funds, and (ii) any additional revenues that the County may pledge to the payment of Bonds.

“Prepayment” means the payment of all or a portion of a Special Assessment before the due date thereof.

“Principal and Interest Account” means the Account of such name established pursuant to Section 6.1.

“Project Fund” means that Fund established pursuant to Section 6.1 and administered pursuant to Section 6.5 herein.

“Purchaser” means the initial purchaser of the Bonds.

“Rebate Amount” has the meaning set forth in Section 1.148-1(b) of the Regulations.

“Rebate Fund” means that Fund established pursuant to Section 6.1 and administered pursuant to Section 6.8 herein.

“Record Date” means the close of business on the last calendar day (whether or not a Business Day) of theDRAFT month next preceding an Interest Payment Date. “Redemption Fund” means that Fund established pursuant to Section 6.1 and administered pursuant to Section 6.6 herein.

“Redemption Price” means 100% of the principal amount of such Bonds called for redemption, or portions thereof, to be redeemed plus accrued and unpaid interest to the date fixed for redemption.

12 4159-2822-8646.5 "Refunding Bonds" means bonds issued pursuant to the PID Act and/or Chapter 1207 of the Texas Government Code or any other applicable law of the State of Texas (each as amended) to refund all or any portion of the then Outstanding Bonds.

“Register” means the register specified in Article III of this Indenture.

“Reserve Account” means the Account of such name established pursuant to Section 6.1.

“Reserve Account Requirement” means the least of: (i) Maximum Annual Debt Service on the Bonds as of the Closing Date, (ii) 125% of average Annual Debt Service on the Bonds as of the Closing Date, or (iii) 10% of the lesser of the principal amount of the Outstanding Bonds or the original issue price of the Bonds. As of the Closing Date, the Reserve Account Requirement is $______which is an amount equal to [125% of average Annual Debt Service] on the Bonds.

“Reserve Fund” means that Fund established pursuant to Section 6.1 and administered in Section 6.7 herein.

“Service and Assessment Plan” means the Service and Assessment Plan approved by the Commissioners Court on July 21, 2015, as amended and updated.

“Sinking Fund Installment” means the amount of money to redeem or pay at maturity the principal of Bonds payable from such installments at the times and in the amounts provided in Section 4.2 herein.

“Special Assessments” means, collectively, the Neighborhood Improvement Area #1 Assessments and the Neighborhood Improvement Area #2 Assessments.

“Stated Maturity” means the date the Bonds, or any portion of the Bonds, as applicable, are scheduled to mature without regard to any redemption or prepayment.

“Substantial Amount Redemption” means a redemption of Bonds pursuant to Section 4.4 of this Indenture of a principal amount of Bonds redeemed that is greater than or equal to 10% of the Outstanding principal amount of the Bonds.

“Supplemental Indenture” means an indenture which has been duly executed by the Trustee and the County Representative pursuant to an order adopted by the Commissioners Court and which indenture amends or supplements this Indenture, but only if and to the extent that such indenture is specifically authorized hereunder.

“Tax Certificate” means the Certificate as to Tax Exemption delivered by the County on the Closing Date for the Bonds setting forth the facts, estimates and circumstances in existence on the Closing Date whichDRAFT establish that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the interest on such Bonds to be included in the gross income of the Owners thereof for Federal income tax purposes.

“Trust Estate” means the Trust Estate described in the granting clauses of this Indenture.

13 4159-2822-8646.5 “Trustee” means BOKF, NA, a national banking association, and its successors, and any other corporation or association that may at any time be substituted in its place, as provided in Article IX, such entity to serve as Trustee and Paying Agent/Registrar for the Bonds.

Section 1.2. Findings. The declarations, determinations and findings declared, made and found in the preamble to this Indenture are hereby adopted, restated and made a part of the operative provisions hereof.

Section 1.3. Table of Contents, Titles and Headings. The table of contents, titles, and headings of the Articles and Sections of this Indenture have been inserted for convenience of reference only and are not to be considered a part hereof and shall not in any way modify or restrict any of the terms or provisions hereof and shall never be considered or given any effect in construing this Indenture or any provision hereof or in ascertaining intent, if any question of intent should arise.

Section 1.4. Interpretation. (a) Unless the context requires otherwise, words of the masculine gender shall be construed to include correlative words of the feminine and neuter genders and vice versa, and words of the singular number shall be construed to include correlative words of the plural number and vice versa. (b) Words importing persons include any individual, corporation, limited liability company, partnership, joint venture, association, joint stock company, trust, unincorporated organization or government or agency or political subdivision thereof. (c) Any reference to a particular Article or Section shall be to such Article or Section of this Indenture unless the context shall require otherwise. (d) This Indenture and all the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein to sustain the validity of this Indenture.

ARTICLE II

THE BONDS

Section 2.1. Security for the Bonds.

The Bonds, as to both principal and interest, are and shall be equally and ratably secured by and payable from a first lien on and pledge of the Trust Estate.

The lien on and pledge of the Trust Estate shall be valid and binding and fully perfected from and after the Closing Date, without physical delivery or transfer of control of the Trust Estate, the filing of thisDRAFT Indenture or any other act; all as provided in Texas Government Code, Chapter 1208, as amended, which applies to the issuance of the Bonds and the pledge of the Trust Estate granted by the County under this Indenture, and such pledge is therefore valid, effective and perfected. If Texas law is amended at any time while the Bonds are Outstanding such that the pledge of the Trust Estate granted by the County under this Indenture is to be subject to the filing requirements of Texas Business and Commerce Code, Chapter 9, as amended, then in order to preserve to the registered owners of the Bonds the perfection of the security interest in said pledge, the County agrees to take such measures as it determines are

14 4159-2822-8646.5 reasonable and necessary under Texas law to comply with the applicable provisions of Texas Business and Commerce Code, Chapter 9, as amended, and enable a filing to perfect the security interest in said pledge to occur.

Section 2.2. Limited Obligations. The Bonds are special and limited obligations of the County, payable solely from and secured solely by the Trust Estate, including the Pledged Revenues and the Pledged Funds; and the Bonds shall never be payable out of funds raised or to be raised by taxation or from any other revenues, properties or income of the County.

Section 2.3. Authorization for Indenture.

The terms and provisions of this Indenture and the execution and delivery hereof by the County to the Trustee have been duly authorized by official action of the Commissioners Court of the County. The County has ascertained and it is hereby determined and declared that the execution and delivery of this Indenture is necessary to carry out and effectuate the purposes set forth in the preambles of this Indenture and that each and every covenant or agreement herein contained and made is necessary, useful or convenient in order to better secure the Bonds and is a contract or agreement necessary, useful and convenient to carry out and effectuate the purposes herein described.

Section 2.4. Contract with Owners and Trustee.

(a) The purposes of this Indenture are to establish a lien and the security for, and to prescribe the minimum standards for the authorization, issuance, execution and delivery of, the Bonds and to prescribe the rights of the Owners, and the rights and duties of the County and the Trustee.

(b) In consideration of the purchase and acceptance of any or all of the Bonds by those who shall purchase and hold the same from time to time, the provisions of this Indenture shall be a part of the contract of the County with the Owners, and shall be deemed to be and shall constitute a contract among the County, the Owners, and the Trustee.

ARTICLE III

AUTHORIZATION; GENERAL TERMS AND PROVISIONS REGARDING THE BONDS

Section 3.1. Authorization.

The Bonds are hereby authorized to be issued and delivered in accordance with the Constitution and laws of the State of Texas, including particularly the PID Act, as amended. The Bonds shall be issued in the aggregate principal amount of $______for the purpose of (i) paying a portion of the Actual Costs of the NIA #1-2 Improvements, (ii) funding a reserve fund for payment of principalDRAFT and interest on the Bonds, and (iii) paying costs of issuance of the Bonds.

Section 3.2. Date, Denomination, Maturities, Numbers and Interest. (a) The Bonds shall be dated November 1, 2020, and shall be issued in Authorized Denominations. The Bonds shall be in fully registered form, without coupons, and shall be numbered separately from R-1 upward, except the Initial Bond, which shall be numbered T-1.

15 4159-2822-8646.5 (b) Interest shall accrue and be paid on each Bond from the later of the Closing Date of the Bonds or the most recent Interest Payment Date to which interest has been paid or provided for, at the rate per annum set forth below until the principal thereof has been paid on the maturity date specified below or otherwise provided for. Such interest shall be payable semiannually on March 15 and September 15 of each year, commencing March 15, 2021 computed on the basis of a 360-day year of twelve 30-day months. (c) The Bonds shall mature on September 15 in the years and in the principal amounts and shall bear interest as set forth below:

Year Principal Amount Interest Rate

(d) The Bonds shall be subject to mandatory sinking fund redemption, optional redemption, and extraordinary optional redemption prior to maturity as provided in Article IV herein, and shall otherwise have the terms, tenor, denominations, details, and specifications as set forth in the form of Bond set forth in Exhibit A to this Indenture.

Section 3.3. Conditions Precedent to Delivery of Bonds.

The Bonds shall be executed by the County and delivered to the Trustee, whereupon the Trustee shall authenticate the Bonds and, upon payment of the purchase price of the Bonds, shall deliver the Bonds upon the order of the County, but only upon delivery to the Trustee of: (a) a copy of the executed Assessment Orders; (b) a copy of the executed Bond Order; (c) a copy of the executed PID Reimbursement Agreements; (d) a copy of this Indenture executed by the Trustee and the County; and (e) a County Certificate directing the authentication and delivery of the Bonds, describing the Bonds to be authenticated and delivered, designating the purchasers to whom the Bonds are to be delivered, stating the purchase price of the Bonds and stating that all items required by this Section are therewith delivered to the Trustee in form and substance satisfactory to the County.

Section 3.4. Medium, Method and Place of Payment.

(a) Principal of and interest on the Bonds shall be paid in lawful money of the United States of America, as provided in this Section. (b) InterestDRAFT on the Bonds shall be payable to the Owners thereof as shown in the Register at the close of business on the relevant Record Date; provided, however, that in the event of nonpayment of interest on a scheduled Interest Payment Date, and for 30 days thereafter, a new record date for such interest payment (a “Special Record Date”) will be established by the Trustee, if and when funds for the payment of such interest have been received from the County. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the “Special Payment Date,” which shall be 15 days after the Special Record Date) shall be sent at least five Business Days prior to the Special Record Date

16 4159-2822-8646.5 by United States mail, first-class, postage prepaid, to the address of each Owner of a Bond appearing on the books of the Trustee at the close of business on the last Business Day preceding the date of mailing such notice.

(c) Interest on the Bonds shall be paid by check, dated as of the Interest Payment Date, and sent, United States mail, first-class, postage prepaid, by the Paying Agent/Registrar to each Owner at the address of each as such appears in the Register or by such other customary banking arrangement acceptable to the Paying Agent/Registrar and the Owner; provided, however, the Owner shall bear all risk and expense of such other banking arrangement.

(d) The principal of each Bond shall be paid to the Owner of such Bond on the due date thereof, whether at the maturity date or the date of prior redemption thereof, upon presentation and surrender of such Bond at the Designated Payment/Transfer Office of the Paying Agent/Registrar.

(e) If the date for the payment of the principal of or interest on the Bonds shall be a Saturday, Sunday, legal holiday, or day on which banking institutions in the city where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are required or authorized by law or executive order to close, the date for such payment shall be the next succeeding day that is not a Saturday, Sunday, legal holiday, or day on which such banking institutions are required or authorized to close, and payment on such date shall for all purposes be deemed to have been made on the due date thereof as specified in Section 3.2 of this Indenture.

(f) Unclaimed payments of amounts due hereunder shall be segregated in a special account and held in trust, uninvested by the Paying Agent/Registrar, for the account of the Owner of the Bonds to which such unclaimed payments pertain. Subject to any escheat, abandoned property, or similar law of the State of Texas, any such payments remaining unclaimed by the Owners entitled thereto for two years after the applicable payment or redemption date shall be applied to the next payment or payments on such Bonds thereafter coming due and, to the extent any such money remains after the retirement of all Outstanding Bonds, shall be paid to the County to be used for any lawful purpose. Thereafter, none of the County, the Paying Agent/Registrar, or any other Person shall be liable or responsible to any Owners of such Bonds for any further payment of such unclaimed moneys or on account of any such Bonds, subject to any applicable escheat law or similar law of the State of Texas, including the provisions of Title 6 of the Texas Property Code, as amended.

Section 3.5. Execution and Registration of Bonds.

(a) The Bonds shall be executed on behalf of the County by the County Judge of the County and countersigned by the County Clerk of the County, by their manual or facsimile signatures, and the official seal of the County shall be impressed or placed in facsimile thereon. Such facsimile signaturesDRAFT on the Bonds shall have the same effect as if each of the Bonds had been signed manually and in person by each of said officers, and such facsimile seal on the Bonds shall have the same effect as if the official seal of the County had been manually impressed upon each of the Bonds.

(b) In the event that any officer of the County whose manual or facsimile signature appears on the Bonds ceases to hold such office before the authentication of such Bonds or

17 4159-2822-8646.5 before the delivery thereof, such manual or facsimile signature nevertheless shall be valid and sufficient for all purposes as if such officer had remained in such office.

(c) Except as provided below, no Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit of this Indenture unless and until there appears thereon the Certificate of Trustee substantially in the form provided herein, duly authenticated by manual execution by an officer or duly authorized signatory of the Trustee. It shall not be required that the same officer or authorized signatory of the Trustee sign the Certificate of Trustee on all of the Bonds. In lieu of the executed Certificate of Trustee described above, the Initial Bond delivered at the Closing Date shall have attached thereto the Comptroller’s Registration Certificate substantially in the form provided herein, manually executed by the Comptroller of Public Accounts of the State of Texas, or by his or her duly authorized agent, which certificate shall be evidence that the Initial Bond has been duly approved by the Attorney General of the State of Texas, is a valid and binding obligation of the County, and has been registered by the Comptroller of Public Accounts of the State of Texas, including the provisions of Title 6 of the Texas Property Code, as amended.

(d) On the Closing Date, one Initial Bond representing the entire principal amount of all Bonds, payable in stated installments to the Purchaser, or its designee, executed with the manual or facsimile signatures of the County Judge of the County and countersigned by the County Clerk of the County, approved by the Attorney General, and registered and manually signed by the Comptroller of Public Accounts, will be delivered to the Purchaser or its designee. Upon payment for the Initial Bond, the Trustee shall cancel the Initial Bond and deliver to DTC on behalf of the Purchaser one registered definitive Bond for each year of maturity of the Bonds, in the aggregate principal amount of all Bonds for such maturity, registered in the name of Cede & Co., as nominee of DTC.

Section 3.6. Refunding Bonds.

(a) Except in accordance with the provisions of this Indenture, including Section 13.2, the County shall not issue additional bonds, notes or other obligations payable from any portion of the Trust Estate, other than Refunding Bonds. The County reserves the right to issue Refunding Bonds, the proceeds of which would be utilized to refund all or any portion of the Outstanding Bonds or Outstanding Refunding Bonds and to pay all costs incident to the Refunding Bonds, as authorized by the laws of the State of Texas. Except as limited by the terms of this Indenture, including Section 13.2, the County reserves the right to incur debt payable from sources other than the Trust Estate, including revenue derived from contracts with other entities, including private corporations, municipalities and political subdivisions issued particularly for the purchase, construction, improvement, extension, replacement, enlargement or repair of the facilities needed in performing any such contract.

(b) The principal of all Refunding Bonds must be scheduled to be paid, be subject to mandatory sinking fund redemption or mature on September 15 of the years in which such principal is scheduledDRAFT to be paid. All Refunding Bonds must bear interest at a fixed rate and any interest payment dates for Refunding Bonds must be March 15 and September 15. The date, rate or rates of interest on, interest payment dates, maturity dates, redemption and all other terms and provisions of Refunding Bonds shall be set forth in a Supplemental Indenture.

(c) Upon their authorization by the County, the Refunding Bonds of a series issued under this Section 3.6 and in accordance with Article IV hereof shall be issued and shall be delivered to the purchasers or owners thereof, but before, or concurrently with, the delivery of

18 4159-2822-8646.5 said Refunding Bonds to such purchasers or owners there shall have been filed with the Trustee the items required by Section 3.3 above.

Section 3.7. Ownership.

(a) The County, the Trustee the Paying Agent/Registrar and any other Person may treat the Person in whose name any Bond is registered as the absolute owner of such Bond for the purpose of making and receiving payment as provided herein (except interest shall be paid to the Person in whose name such Bond is registered on the relevant Record Date) and for all other purposes, whether or not such Bond is overdue, and neither the County nor the Trustee, nor the Paying Agent/Registrar, shall be bound by any notice or knowledge to the contrary.

(b) All payments made to the Owner of any Bond shall be valid and effectual and shall discharge the liability of the County, the Trustee and the Paying Agent/Registrar upon such Bond to the extent of the sums paid.

Section 3.8. Registration, Transfer and Exchange.

(a) So long as any Bond remains Outstanding, the County shall cause the Paying Agent/Registrar to keep at the Designated Payment/Transfer Office a Register in which, subject to such reasonable regulations as it may prescribe, the Paying Agent/Registrar shall provide for the registration and transfer of Bonds in accordance with this Indenture. The Paying Agent/Registrar represents and warrants that it will file and maintain a copy of the Register with the County, and shall cause the Register to be current with all registration and transfer information as from time to time may be applicable.

(b) A Bond shall be transferable only upon the presentation and surrender thereof at the Designated Payment/Transfer Office of the Paying Agent/Registrar with such endorsement or other evidence of transfer as is acceptable to the Paying Agent/Registrar. No transfer of any Bond shall be effective until entered in the Register. If any Bond is not presented for payment when the principal thereof becomes due, either at maturity or otherwise, or at the date fixed for redemption thereof, if funds sufficient to pay such Bond shall have been made available to the Trustee, all liability of the County to the Owner thereof for the payment of such Bond shall forthwith cease and be completely discharged, and thereupon it shall be the duty of the Trustee to hold such fund or funds, without liability for interest thereon, for the benefit of the Owner of such Bond who shall thereafter be restricted exclusively to such fund or funds for any claim of whatever nature on his part under this Indenture, or with respect to, said Bond.

(c) The Bonds shall be exchangeable upon the presentation and surrender thereof at the Designated Payment/Transfer Office of the Paying Agent/Registrar for a Bond or Bonds of the same maturity and bearing the same interest rate and in any Authorized Denomination and in an aggregate principal amount equal to the unpaid principal amount of the Bond presented for exchange.DRAFT The Trustee is hereby authorized to authenticate and deliver Bonds exchanged for other Bonds in accordance with this Section.

(d) The Trustee is hereby authorized to authenticate and deliver Bonds transferred or exchanged in accordance with this Section. A new Bond or Bonds will be delivered by the Paying Agent/Registrar, in lieu of the Bond being transferred or exchanged, at the Designated Payment/Transfer Office, or sent by United States mail, first-class, postage prepaid, to the Owner or his designee. Each transferred Bond delivered by the Paying Agent/Registrar in

19 4159-2822-8646.5 accordance with this Section shall constitute an original contractual obligation of the County and shall be entitled to the benefits and security of this Indenture to the same extent as the Bond or Bonds in lieu of which such transferred Bond is delivered.

(e) Each exchange Bond delivered in accordance with this Section shall constitute an original contractual obligation of the County and shall be entitled to the benefits and security of this Indenture to the same extent as the Bond or Bonds in lieu of which such exchange Bond is delivered.

(f) No service charge shall be made to the Owner for the initial registration, subsequent transfer, or exchange for a different Authorized Denomination of any of the Bonds. The Paying Agent/Registrar, however, may require the Owner to pay a sum sufficient to cover any tax or other governmental charge that is authorized to be imposed in connection with the registration, transfer, or exchange of a Bond.

(g) Neither the County nor the Paying Agent/Registrar shall be required to issue, transfer, or exchange any Bond or portion thereof called for redemption prior to maturity within 45 days prior to the date fixed for redemption; provided, however, such limitation shall not be applicable to an exchange by the Owner of the uncalled principal balance of a Bond redeemed in part.

Section 3.9. Cancellation.

All Bonds paid or redeemed before scheduled maturity in accordance with this Indenture, and all Bonds in lieu of which exchange Bonds or replacement Bonds are authenticated and delivered in accordance with this Indenture, shall be cancelled, and proper records shall be made regarding such payment, redemption, exchange, or replacement. The Paying Agent/Registrar shall dispose of cancelled Bonds in accordance with the records retention requirements of the Trustee.

Section 3.10. Temporary Bonds.

(a) Following the delivery and registration of the Initial Bond and pending the preparation of definitive Bonds, the proper officers of the County may execute and, upon the County’s request, the Trustee shall authenticate and deliver, one or more temporary Bonds that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any denomination, substantially of the tenor of the definitive Bonds in lieu of which they are delivered, without coupons, and with such appropriate insertions, omissions, substitutions and other variations as the officers of the County executing such temporary Bonds may determine, as evidenced by their signing of such temporary Bonds.

(b) Until exchanged for Bonds in definitive form, such Bonds in temporary form shall be entitled to the benefitDRAFT and security of this Indenture. (c) The County, without unreasonable delay, shall prepare, execute and deliver to the Trustee the Bonds in definitive form; thereupon, upon the presentation and surrender of the Bond or Bonds in temporary form to the Paying Agent/Registrar, the Paying Agent/Registrar shall cancel the Bonds in temporary form and the Trustee shall authenticate and deliver in exchange therefor a Bond or Bonds of the same maturity and series, in definitive form, in the Authorized Denomination, and in the same aggregate principal amount, as the Bond or Bonds

20 4159-2822-8646.5 in temporary form surrendered. Such exchange shall be made without the making of any charge therefor to any Owner.

Section 3.11. Replacement Bonds.

(a) Upon the presentation and surrender to the Paying Agent/Registrar of a mutilated Bond, the County shall issue and the Trustee shall authenticate and deliver in exchange therefor a replacement Bond of like tenor and principal amount, bearing a number not contemporaneously outstanding. The County or the Paying Agent/Registrar may require the Owner of such Bond to pay a sum sufficient to cover any tax or other governmental charge that is authorized to be imposed in connection therewith and any other expenses connected therewith.

(b) In the event that any Bond is lost, apparently destroyed or wrongfully taken, the Trustee, pursuant to the applicable laws of the State of Texas and in the absence of notice or knowledge that such Bond has been acquired by a bona fide purchaser, shall authenticate and deliver a replacement Bond of like tenor and principal amount bearing a number not contemporaneously outstanding, provided that the Owner first complies with the following requirements:

(i) furnishes to the Paying Agent/Registrar satisfactory evidence of his or her ownership of and the circumstances of the loss, destruction or theft of such Bond;

(ii) furnishes such security or indemnity as may be required by the Paying Agent/Registrar and the Trustee to save them and the County harmless;

(iii) pays all expenses and charges in connection therewith, including, but not limited to, printing costs, legal fees, fees of the Trustee and the Paying Agent/Registrar and any tax or other governmental charge that is authorized to be imposed; and

(iv) satisfies any other reasonable requirements imposed by the County and the Trustee.

(c) After the delivery of such replacement Bond, if a bona fide purchaser of the original Bond in lieu of which such replacement Bond was issued presents for payment such original Bond, the County and the Paying Agent/Registrar shall be entitled to recover such replacement Bond from the Person to whom it was delivered or any Person taking therefrom, except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost, or expense incurred by the County, the Paying Agent/Registrar or the Trustee in connection therewith.

(d) In the event that any such mutilated, lost, apparently destroyed or wrongfully taken Bond has become or is about to become due and payable, the Paying Agent/Registrar, in its discretion, insteadDRAFT of issuing a replacement Bond, may pay such Bond if it has become due and payable or may pay such Bond when it becomes due and payable.

(e) Each replacement Bond delivered in accordance with this Section shall constitute an original additional contractual obligation of the County and shall be entitled to the benefits and security of this Indenture to the same extent as the Bond or Bonds in lieu of which such replacement Bond is delivered.

21 4159-2822-8646.5 Section 3.12. Book-Entry Only System.

The Bonds shall initially be issued in book-entry-only form and shall be deposited with DTC, which is hereby appointed to act as the securities depository therefor, in accordance with the letter of representations from the County to DTC. On the Closing Date the definitive Bonds shall be issued in the form of a single typewritten certificate for each maturity thereof registered in the name of Cede & Co., as nominee for DTC.

With respect to Bonds registered in the name of Cede & Co., as nominee of DTC, the County and the Paying Agent/Registrar shall have no responsibility or obligation to any DTC Participant or to any Person on behalf of whom such a DTC Participant holds an interest in the Bonds. Without limiting the immediately preceding sentence, the County and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any DTC Participant or any other Person, other than an Owner, as shown on the Register, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any DTC Participant or any other Person, other than an Owner, as shown in the Register of any amount with respect to principal of, premium, if any, or interest on the Bonds. Notwithstanding any other provision of this Indenture to the contrary, the County and the Paying Agent/Registrar shall be entitled to treat and consider the Person in whose name each Bond is registered in the Register as the absolute owner of such Bond for the purpose of payment of principal of, premium, if any, and interest on Bonds, for the purpose of giving notices of redemption and other matters with respect to such Bond, for the purpose of registering transfer with respect to such Bond, and for all other purposes whatsoever. The Paying Agent/Registrar shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the respective Owners as shown in the Register, as provided in this Indenture, and all such payments shall be valid and effective to fully satisfy and discharge the County’s obligations with respect to payment of principal of, premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. No Person other than an Owner, as shown in the Register, shall receive a Bond certificate evidencing the obligation of the County to make payments of amounts due pursuant to this Indenture. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Indenture with respect to interest checks or drafts being mailed to the registered owner at the close of business on the relevant Record Date, the word “Cede & Co.” in this Indenture shall refer to such new nominee of DTC.

Section 3.13. Successor Securities Depository: Transfer Outside Book-Entry-Only System.

In the event that the County determines that DTC is incapable of discharging its responsibilities described herein and in the letter of representations from the County to DTC, the County shall (i) appoint a successor securities depository, qualified to act as such under Section 17A of the SecuritiesDRAFT and Exchange Act of 1934, as amended, and notify DTC and DTC Participants of the appointment of such successor securities depository and transfer one or more separate Bonds to such successor securities depository; or (ii) notify DTC and DTC Participants of the availability through DTC of certificated Bonds and cause the Paying Agent/Registrar to transfer one or more separate registered Bonds to DTC Participants having Bonds credited to their DTC accounts. In such event, the Bonds shall no longer be restricted to being registered in the Register in the name of Cede & Co., as nominee of DTC, but may be registered in the name of the successor securities depository, or its nominee, or in whatever

22 4159-2822-8646.5 name or names Owners transferring or exchanging Bonds shall designate, in accordance with the provisions of this Indenture.

Section 3.14. Payments to Cede & Co.

Notwithstanding any other provision of this Indenture to the contrary, so long as any Bonds are registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Bonds, and all notices with respect to such Bonds shall be made and given, respectively, in the manner provided in the blanket letter of representations from the County to DTC.

ARTICLE IV

REDEMPTION OF BONDS BEFORE MATURITY

Section 4.1. Limitation on Redemption.

The Bonds shall be subject to redemption before their scheduled maturity only as provided in this Article IV.

Section 4.2. Mandatory Sinking Fund Redemption. (a) The Bonds are subject to mandatory sinking fund redemption prior to their Stated Maturity and will be redeemed by the County in part at the Redemption Price from moneys available for such purpose in the Principal and Interest Account of the Bond Fund pursuant to Article VI, on the dates and in the respective Sinking Fund Installments as set forth in the following schedule:

$______Bonds Maturing September 15, 20__

Redemption Date Sinking Fund Installment September 15, 20__ September 15, 20__ September 15, 20__ September 15, 20__*

* Stated maturity.

(b) At least 45 days prior to each mandatory sinking fund redemption date, and subject to any prior reduction authorized by subparagraphs (c) and (d) of this Section 4.2, the Trustee shall select for redemption by lot, a principal amount of Bonds of such maturity equal to the Sinking Fund Installment of such Bonds to be redeemed, shall call such Bonds for redemption on such scheduled mandatory sinking fund redemption date, and shall give notice of such redemption, as DRAFTprovided in Section 4.6. (c) The Sinking Fund Installments of Bonds required to be redeemed on any mandatory sinking fund redemption date pursuant to subparagraph (a) of this Section 4.2 shall be reduced, at the option of the County, by the principal amount of any Bonds of such maturity which, at least 45 days prior to the mandatory sinking fund redemption date shall have been acquired by the County at a price not exceeding the principal amount of such Bonds plus accrued unpaid interest to the date of purchase thereof, and delivered to the Trustee for cancellation.

23 4159-2822-8646.5 (d) The Sinking Fund Installments of Bonds required to be redeemed on any mandatory sinking fund redemption date pursuant to subparagraph (a) of this Section 4.2 shall be reduced on a pro rata basis among Sinking Fund Installments by the principal amount of any Bonds which, at least 45 days prior to the mandatory sinking fund redemption date, shall have been redeemed pursuant to the optional redemption provisions in Section 4.3 hereof or the extraordinary optional redemption provisions in Section 4.4 hereof and not previously credited to a mandatory sinking fund redemption.

Section 4.3. Optional Redemption.

(a) The County reserves the right and option to redeem Bonds maturing on or after September 15, 20__, before their respective scheduled maturity date, in whole or in part, on any date on or after September 15, 20__, such redemption date or dates to be fixed by the County, at the Redemption Price.

Section 4.4. Extraordinary Optional Redemption. The County reserves the right and option to redeem Bonds before their scheduled maturity dates, in whole or in part, on the first day of any month, at the Redemption Price from amounts on deposit in the Redemption Fund as a result of Prepayments or any other transfers to the Redemption Fund under the terms of this Indenture. Notwithstanding the foregoing, the Trustee will not be required to make an extraordinary optional redemption pursuant to this Section 4.4 unless it has at least $5,000 available in the Redemption Fund with which to redeem the Bonds. Section 4.5. Partial Redemption. (a) If less than all of the Bonds are to be redeemed pursuant to Sections 4.2, 4.3, or 4.4 hereof, Bonds shall be redeemed in minimum principal amounts of $5,000 or any integral thereof. Each Bond shall be treated as representing the number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000. No redemption shall result in a Bond in a denomination of less than the Authorized Denomination in effect at that time; provided, however, if the amount of the Outstanding Bond is less than an Authorized Denomination after giving effect to such partial redemption, a Bond in the principal amount equal to the unredeemed portion, but not less than $5,000, may be issued.

(b) In selecting the Bonds to be redeemed pursuant to Section 4.2 hereof, the Trustee may select Bonds in any method that results in a random selection.

(c) In selecting the Bonds to be redeemed pursuant to Section 4.3 hereof, the Trustee may rely on the directions provided in a City Certificate.

(d) If less than all of the Bonds are called for extraordinary optional redemption pursuant to Section 4.4 hereof, the Bonds or portion of a Bond, as applicable, to be redeemed shall be selected in DRAFTthe following manner: (i) with respect to a Substantial Amount Redemption, the principal amount called for redemption shall be allocated on a pro rata basis among all Outstanding Bonds; and

(ii) with respect to a Minor Amount Redemption, the Outstanding Bonds or Bonds, as applicable, shall be redeemed in inverse order of maturity.

24 4159-2822-8646.5 (e) Upon surrender of any Bond for redemption in part, the Trustee in accordance with Section 3.7 of this Indenture, shall authenticate and deliver and exchange the Bond or Bonds in an aggregate principal amount equal to the unredeemed portion of the Bond so surrendered, such exchange being without charge.

Section 4.6. Notice of Redemption to Owners. (a) The Trustee shall give notice of any redemption of Bonds by sending notice by United States mail, first-class, postage prepaid, not less than 30 days before the date fixed for redemption, to the Owner of each Bond or portion thereof to be redeemed, at the address shown in the Register. So long as the Bonds are in book-entry-only form and held by DTC as security depository, Owner means Cede & Co., as nominee for DTC. (b) The notice shall state the redemption date, the Redemption Price, the place at which the Bonds are to be surrendered for payment, and, if less than all the Bonds Outstanding are to be redeemed, and subject to Section 4.5 hereof, an identification of the Bonds or portions thereof to be redeemed, any conditions to such redemption and that on the redemption date, if all conditions, if any, to such redemption have been satisfied, such Bond shall become due and payable. (c) Any notice given as provided in this Section shall be conclusively presumed to have been duly given, whether or not the Owner receives such notice. (d) The County has the right to rescind any optional redemption or extraordinary optional redemption described in Section 4.3 or 4.4 by written notice to the Trustee on or prior to the date fixed for redemption. Any notice of redemption shall be cancelled and annulled if for any reason funds are not available on the date fixed for redemption for the payment in full of the Bonds then called for redemption, and such cancellation shall not constitute an Event of Default under this Indenture. The Trustee shall mail notice of rescission of redemption in the same manner notice of redemption was originally provided. (e) With respect to any optional redemption of the Bonds, unless the Trustee has received funds sufficient to pay the Redemption Price of the Bonds to be redeemed before giving of a notice of redemption, the notice may state the County may condition redemption on the receipt of such funds by the Trustee on or before the date fixed for the redemption, or on the satisfaction of any other prerequisites set forth in the notice of redemption. If a conditional notice of redemption is given and such prerequisites to the redemption are not satisfied and sufficient funds are not received, the notice shall be of no force and effect, the County shall not redeem the Bonds and the Trustee shall give notice, in the manner in which the notice of redemption was given, that the Bonds have not been redeemed. Section 4.7. Payment Upon Redemption. (a) The Trustee shall make provision for the payment of the Bonds to be redeemed on such date by setting aside and holding in trust an amount from the Redemption Fund or otherwise received by the Trustee from the County and shall use such funds solely for the purpose of paying theDRAFT Redemption Price on the Bonds being redeemed. (b) Upon presentation and surrender of any Bond called for redemption at the designated corporate trust office of the Trustee on or after the date fixed for redemption, the Trustee shall pay the Redemption Price on such Bond to the date of redemption from the moneys set aside for such purpose.

25 4159-2822-8646.5 Section 4.8. Effect of Redemption. Notice of redemption having been given as provided in Section 4.6 of this Indenture, the Bonds or portions thereof called for redemption shall become due and payable on the date fixed for redemption provided that funds for the payment of the Redemption Price of such Bonds to the date fixed for redemption are on deposit with the Trustee; thereafter, such Bonds or portions thereof shall cease to bear interest from and after the date fixed for redemption, whether or not such Bonds are presented and surrendered for payment on such date.

ARTICLE V

FORM OF THE BONDS

Section 5.1. Form Generally.

(a) The Bonds, including the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Certificate of the Trustee, and the Assignment to appear on each of the Bonds, (i) shall be substantially in the form set forth in Exhibit A to this Indenture with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Indenture, and (ii) may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including any reproduction of an opinion of counsel) thereon as, consistently herewith, may be determined by the County or by the officers executing such Bonds, as evidenced by their execution thereof. (b) Any portion of the text of any Bonds may be set forth on the reverse side thereof, with an appropriate reference thereto on the face of the Bonds. (c) The definitive Bonds shall be typewritten, printed, lithographed, or engraved, and may be produced by any combination of these methods or produced in any other similar manner, all as determined by the officers executing such Bonds, as evidenced by their execution thereof. (d) The Initial Bond submitted to the Attorney General of the State of Texas may be typewritten and photocopied or otherwise reproduced.

Section 5.2. CUSIP Registration.

The County may secure identification numbers through the CUSIP Services, managed by S&P Global Market Intelligence on behalf of The American Bankers Association, New York, New York, and may authorize the printing of such numbers on the face of the Bonds. It is expressly provided, however, that the presence or absence of CUSIP numbers on the Bonds shall be of no significance or effect as regards the legality thereof; and, none of the County, the Trustee, nor the attorneys approving said Bonds as to legality are to be held responsible for CUSIP numbers incorrectlyDRAFT printed on the Bonds. The Trustee may include in any redemption notice a statement to the effect that the CUSIP numbers on the Bonds have been assigned by an independent service and are included in such notice solely for the convenience of the Owners of the Bonds and that neither the County nor the Trustee shall be liable for any inaccuracies of such numbers.

26 4159-2822-8646.5 Section 5.3. Legal Opinion.

The approving legal opinion of Bond Counsel may be printed on or attached to each Bond over the certification of the County Clerk of the County, which may be executed in facsimile.

ARTICLE VI

FUNDS AND ACCOUNTS

Section 6.1. Establishment of Funds and Accounts.

(a) Creation of Funds. The following Funds are hereby created and established under this Indenture:

(i) Pledged Revenue Fund; (ii) Bond Fund; (iii) Project Fund; (iv) Reserve Fund; (v) Redemption Fund; (vi) Rebate Fund; and (vii) Administrative Fund.

(b) Creation of Accounts.

(i) The following Accounts are hereby created and established under the Bond Fund: (A) Principal and Interest Account.

(ii) The following Accounts are hereby created and established under the Reserve Fund: (A) Reserve Account; and

(B) Additional Interest Reserve Account.

(iii) The following Accounts are hereby created and established under the Project Fund: DRAFT(A) Neighborhood Improvement Area #1 Improvement Account; (B) Neighborhood Improvement Area #2 Improvement Account; and

(iv) The following Account is hereby created and established under the Pledged Revenue Fund:

27 4159-2822-8646.5 (A) Bond Pledged Revenue Account.

(v) The following Account is hereby created and established under the Administrative Fund:

(A) District Administration Account.

(c) Each Fund and each Account created within such Fund shall be maintained by the Trustee separate and apart from all other funds and accounts of the County. The Pledged Funds shall constitute trust funds which shall be held in trust by the Trustee as part of the Trust Estate solely for the benefit of the Owners of the Bonds.

(d) Interest earnings and profit on each respective Fund and Account established by this Indenture shall be applied or withdrawn for the purposes of such Fund or Account as specified below.

Section 6.2. Initial Deposits to Funds and Accounts. (a) The proceeds from the sale of the Bonds shall be paid to the Trustee and deposited or transferred by the Trustee as follows: (i) to the Reserve Account of the Reserve Fund: $______; (ii) to the Costs of Issuance Account of the Project Fund: $______; (iii) to the Neighborhood Improvement Area #1 Improvement Account of the Project Fund: $______; and (iv) to the Neighborhood Improvement Area #2 Improvement Account of the Project Fund: $______. Section 6.3. Pledged Revenue Fund. (a) On or before March 1 of each year while the Bonds are Outstanding and beginning March 1, 2021, the County shall deposit or cause to be deposited the Assessment Revenues into the Pledged Revenue Fund. From amounts deposited into the Pledged Revenue Fund, the Trustee shall deposit or cause to be deposited Assessment Revenues in the following order of priority: (i) first, to the Bond Pledged Revenue Account of the Pledged Revenue Fund in an amount sufficient to pay debt service on the Bonds next coming due in such calendar year;

(ii) second to the Reserve Account of the Reserve Fund in an amount to cause the amount in the Reserve Account to equal the Reserve Account Requirement in accordance with Section 6.7 hereof; (iii) DRAFT third, to the Additional Interest Reserve Account in an amount equal to the Additional Interest collected in accordance with Section 6.7(b) hereof;

(iv) fourth, as instructed by the County pursuant to a County Certificate, to the Neighborhood Improvement Area #1 Improvement Account or the Neighborhood Improvement Area #2 Improvement Account of the Project Fund, as applicable, to pay Actual Costs of the Neighborhood Improvement Area #1 Improvement and Neighborhood Improvement Area #2 Improvements, respectively; and

28 4159-2822-8646.5 (v) fifth, as instructed by the County pursuant to a County Certificate, to pay other costs permitted by the PID Act.

(b) From time to time as needed to pay the obligations relating to the Bonds, but no later than five Business Days before each Interest Payment Date, the Trustee shall withdraw from the Bond Pledged Revenue Account and transfer to the Principal and Interest Account of the Bond Fund, an amount, taking into account any amounts then on deposit in such Principal and Interest Account, such that the amount on deposit in the Principal and Interest Account equals the principal (including any Sinking Fund Installments) and interest due on the Bonds on the next Interest Payment Date. (c) If, after the foregoing transfers and any transfer from the Reserve Fund as provided in Section 6.7 herein, there are insufficient funds to make the payments provided in paragraph (b) above, the Trustee shall apply the available funds in the Principal and Interest Account first to the payment of interest and then, to the payment of principal (including any Sinking Fund Installments) on the Bonds, as described in Section 11.4(a) hereof. (d) Notwithstanding Section 6.3(a) hereof, the Trustee shall deposit Prepayments to the Pledged Revenue Fund and as soon as practicable after such deposit shall transfer such Prepayments to the Redemption Fund. (e) Notwithstanding Section 6.3(a) hereof, the Trustee shall deposit Foreclosure Proceeds to the Pledged Revenue Fund and as soon as practicable after such deposit shall transfer Foreclosure Proceeds first, to the Reserve Account to restore any transfers from the Reserve Account made with respect to the Assessed Parcel(s) to which the Foreclosure Proceeds relate, second, to the Additional Interest Reserve Account to restore any transfers from the Additional Interest Reserve Account made with respect to the Assessed Parcel(s) to which the Foreclosure Proceeds relate, and third to the Redemption Fund. (f) Any additional Pledged Revenues remaining after the satisfaction of the foregoing shall be applied by the Trustee, as instructed by the County pursuant to a County Certificate, for any lawful purpose permitted by the PID Act for which such additional Pledged Revenues may be used, including transfers to other Funds and Accounts created pursuant to this Indenture. Section 6.4. Bond Fund. (a) On each Interest Payment Date, the Trustee shall withdraw from the Principal and Interest Account and transfer to the Paying Agent/Registrar the principal (including any Sinking Fund Installments) and/or interest then due and payable on the Bonds. (b) If amounts in the Principal and Interest Account are insufficient for the purposes set forth in paragraph (a) above, the Trustee shall withdraw from the Reserve Fund amounts to cover the amount of such insufficiency in the order described in Section 6.7(f) hereof. Amounts so withdrawn from the Reserve Fund shall be deposited in the Principal and Interest Account and transferred to theDRAFT Paying Agent/Registrar. Section 6.5. Project Fund.

(a) Money on deposit in the Project Fund shall be used for the purposes specified in Section 3.1 hereof. Notwithstanding any other provisions, money on deposit in the Neighborhood Improvement Area #1 Improvement Account of the Project Fund shall only be used to pay Actual Costs of the Neighborhood Improvement Area #1 Improvements and money

29 4159-2822-8646.5 on deposit in the Neighborhood Improvement Area #2 Improvement Account of the Project Fund shall only be used to pay Actual Costs of Neighborhood Improvement Area #2 Improvements. (b) Disbursements from the Costs of Issuance Account of the Project Fund shall be made by the Trustee to pay costs of issuance of the Bonds pursuant to one or more County Certificates. Disbursements from the Neighborhood Improvement Area #1 Improvement Account and the Neighborhood Improvement Area #2 Improvement Account of the Project Fund to pay Actual Costs shall be made by the Trustee upon receipt by the Trustee of a properly executed and completed Certificate for Payment in the form attached as Exhibit B hereto. The disbursement of funds from the Neighborhood Improvement Area #1 Improvement Account and the Neighborhood Improvement Area #2 Improvement Account shall be pursuant to and accordance with the disbursement procedures described in the applicable PID Reimbursement Agreement. Such provisions and procedures related to such disbursement contained in the PID Reimbursement Agreements, and no other provisions of the PID Reimbursement Agreements, are herein incorporated by reference and deemed set forth herein in full. (c) If the County Representative determines in his or her sole discretion that amounts then on deposit in the Neighborhood Improvement Area #1 Improvement Account are not expected to be expended for purposes of the Neighborhood Improvement Area #1 Improvement Account due to the abandonment, or constructive abandonment, of the Neighborhood Improvement Area #1 Improvements such that, in the opinion of the County Representative, it is unlikely that the amounts in the Neighborhood Improvement Area #1 Improvement Account will ever be expended for the purposes of the Neighborhood Improvement Area #1 Improvement Account, the County Representative shall file a County Certificate with the Trustee which identifies the amounts then on deposit in the Neighborhood Improvement Area #1 Improvement Account that are not expected to be used for purposes of the Neighborhood Improvement Area #1 Improvement Account. If such County Certificate is so filed, the amounts on deposit in the Neighborhood Improvement Area #1 Improvement Account shall be transferred to the Redemption Fund to redeem Bonds on the earliest practicable date after notice of redemption has been provided in accordance with this Indenture and the Neighborhood Improvement Area #1 Improvement Account shall be closed. (d) If the County Representative determines in his or her sole discretion that amounts then on deposit in the Neighborhood Improvement Area #2 Improvement Account are not expected to be expended for purposes of the Neighborhood Improvement Area #2 Improvement Account due to the abandonment, or constructive abandonment, of the Neighborhood Improvement Area #2 Improvements such that, in the opinion of the County Representative, it is unlikely that the amounts in the Neighborhood Improvement Area #2 Improvement Account will ever be expended for the purposes of the Neighborhood Improvement Area #2 Improvement Account, the County Representative shall file a County Certificate with the Trustee which identifies the amounts then on deposit in the Neighborhood Improvement Area #2 Improvement Account that are not expected to be used for purposes of the Neighborhood ImprovementDRAFT Area #2 Improvement Account. If such County Certificate is so filed, the amounts on deposit in the Neighborhood Improvement Area #2 Improvement Account shall be transferred to the Redemption Fund to redeem Bonds on the earliest practicable date after notice of redemption has been provided in accordance with this Indenture and the Neighborhood Improvement Area #2 Improvement Account shall be closed. (e) In making any determination pursuant to this Section, the County Representative may conclusively rely upon a certificate of an Independent Financial Consultant.

30 4159-2822-8646.5 (f) Upon the filing of a County Certificate stating that all Neighborhood Improvement Area #1 Improvements have been completed and that all Actual Costs of the Neighborhood Improvement Area #1 Improvements have been paid, the Trustee (i) shall transfer the amount, if any, remaining within the Neighborhood Improvement Area #1 Improvement Account to the Principal and Interest Account and (ii) the Neighborhood Improvement Area #1 Improvement Account of the Project Fund shall be closed. Upon the filing of a County Certificate stating that all Neighborhood Improvement Area #2 Improvements have been completed and that all Actual Costs of the Neighborhood Improvement Area #2 Improvements have been paid, the Trustee (i) shall transfer the amount, if any, remaining within the Neighborhood Improvement Area #2 Improvement Account to the Principal and Interest Account and (ii) the Neighborhood Improvement Area #2 Improvement Account of the Project Fund shall be closed. If both the Neighborhood Improvement Area #1 Improvement Account and the Neighborhood Improvement Area #2 Improvement Account have been closed pursuant to the provisions of this Section and the Cost of Issuance Account of the Project Fund has been closed pursuant to the provisions of Section 6.5(g), the Project Fund shall be closed.

(g) Not later than six months following the Closing Date, upon a determination by the County Representative that all costs of issuance of the Bonds have been paid, any amounts remaining in the Costs of Issuance Account shall be transferred to another Account of the Project Fund and used to pay Actual Costs or to the Principal and Interest Account of the Bond Fund and used to pay interest on the Bonds, as directed by the County in a County Certificate filed with the Trustee, and the Costs of Issuance Account shall be closed.

Section 6.6. Redemption Fund.

(a) The Trustee shall cause to be deposited to the Redemption Fund from the Bond Pledged Revenue Account of the Pledged Revenue Fund an amount sufficient to redeem Bonds as provided in Sections 4.3 and 4.4 on the dates specified for redemption as provided in Sections 4.3 and 4.4. Amounts on deposit in the Redemption Fund shall be used and withdrawn by the Trustee to redeem Bonds as provided in Article IV.

Section 6.7. Reserve Fund.

(a) The Reserve Account will initially be funded with a deposit of $______from the proceeds of the Bonds and the County agrees with the Owners of the Bonds to accumulate from the deposits outlined in Section 6.3(a) hereof, and when accumulated, maintain in the Reserve Account of the Reserve Fund, an amount equal to not less than the Reserve Account Requirement except to the extent such deficiency is due to the application of Section 6.7(d) hereof. All amounts deposited in the Reserve Account shall be used and withdrawn by the Trustee for the purpose of making transfers to the Principal and Interest Account of the Bond Fund or the Redemption Fund as provided in this Indenture.

(b) The Trustee, if needed, will transfer from the Pledged Revenue Fund to the Additional Interest DRAFT Reserve Account, to the extent that the Reserve Account contains the Reserve Account Requirement and funds are available after application of the deposit priority in Section 6.3(a) hereof, on March 1 of each year, commencing March 1, 2021, an amount equal to the Additional Interest until the Additional Interest Reserve Requirement has been accumulated in the Additional Interest Reserve Account. If the amount on deposit in the Additional Interest Reserve Account shall at any time be less than the Additional Interest Reserve Requirement, the Trustee shall notify the County, in writing, of the amount of such shortfall, and the County shall resume depositing the Additional Interest from the Pledged

31 4159-2822-8646.5 Revenue Fund into the Additional Interest Reserve Account until the Additional Interest Reserve Requirement has been accumulated in the Additional Interest Reserve Account; provided, however, that the County shall not be required to replenish the Additional Interest Reserve Account in the event funds are transferred from the Additional Interest Reserve Account to the Redemption Fund as a result of an extraordinary optional redemption of Bonds from the proceeds of a Prepayment pursuant to Section 4.4 of this Indenture. If, after such deposits, there is surplus Additional Interest remaining, the Trustee shall transfer such surplus Additional Interest to the Redemption Fund and shall notify the County of such transfer in writing.

(c) Whenever a transfer is made from an Account of the Reserve Fund to the Bond Fund due to a deficiency in the Bond Fund, the Trustee shall provide written notice thereof to the County, specifying the amount withdrawn and the source of said funds.

(d) Whenever Bonds are to be redeemed with the proceeds of Prepayments pursuant to Section 4.4, the Trustee shall transfer, on the Business Day prior to the redemption date (or on such other date as agreed to by the County and the Trustee), from the Reserve Account of the Reserve Fund to the Redemption Fund, an amount specified in a County Certificate to be applied to the redemption of the Bonds. The amount so transferred from the Reserve Account of the Reserve Fund shall be equal to the principal amount of Bonds to be redeemed with Prepayments multiplied by the lesser of: (i) the amount required to be in the Reserve Account of the Reserve Fund divided by the principal amount of Outstanding Bonds prior to the redemption, and (ii) the amount actually in the Reserve Account of the Reserve Fund divided by the principal amount of Outstanding Bonds prior to the redemption. If after such transfer, and after applying investment earnings on the Prepayment toward payment of accrued interest, there are insufficient funds in the Redemption Fund to pay the principal amount plus accrued and unpaid interest to the date fixed for redemption of the Bonds to be redeemed, as identified in a County Certificate, as a result of such Prepayment and as a result of the transfer from the Reserve Account under this Section 6.7(d), the Trustee shall transfer an amount equal to the shortfall, or any additional amounts necessary to permit the Bonds to be redeemed in minimum principal amounts of $5,000, from the Additional Interest Reserve Account to the Redemption Fund to be applied to the redemption of the Bonds.

(e) Whenever, on any Interest Payment Date, or on any other date at the written request of a County Representative, the amount in the Reserve Account exceeds the Reserve Account Requirement, the Trustee shall provide written notice to the County Representative of the amount of the excess. Such excess shall be transferred to the Principal and Interest Account to be used for the payment of debt service on the Bonds on the next Interest Payment Date in accordance with Section 6.4 hereof, unless within 30 days of such notice to the County Representative, the Trustee receives a County Certificate instructing the Trustee to apply such excess: (i) to pay amounts due under Section 6.8 hereof, (ii) to the Project Fund if such application and the expenditure of funds is expected to occur within three years of the date hereof, or (iii) for such other use specified in such County Certificate if the County receives a written opinion of counselDRAFT nationally recognized in the field of municipal bond law to the effect that such alternate use will not adversely affect the exemption from federal income tax of the interest on any Bond.

(f) Whenever, on any Interest Payment Date, the amount on deposit in the Bond Fund is insufficient to pay the debt service on the Bonds due on such date, the Trustee shall transfer first, from the Additional Interest Reserve Account, and second, from the Reserve Account to the Bond Fund the amounts necessary to cure such deficiency.

32 4159-2822-8646.5 (g) At the final maturity of the Bonds, the amount on deposit in the Reserve Account and the Additional Interest Reserve Account shall be transferred to the Principal and Interest Account of the Bond Fund and applied to the payment of the principal of the Bonds. (h) If, after a Reserve Account withdrawal pursuant to Section 6.7(f), the amount on deposit in the Reserve Account of the Reserve Fund is less than the Reserve Account Requirement, the Trustee shall transfer from the Pledged Revenue Fund to the Reserve Account of the Reserve Fund the amount of such deficiency, in accordance with Section 6.3.

(i) If the amount held in the Reserve Fund together with the amount held in the Bond Fund and Redemption Fund is sufficient to pay the principal amount and of all Outstanding Bonds on the next Interest Payment Date, together with the unpaid interest accrued on such Bonds as of such Interest Payment Date, the moneys shall be transferred to the Redemption Fund and thereafter used to redeem all Bonds as of such Interest Payment Date.

Section 6.8. Rebate Fund: Rebate Amount.

(a) There is hereby established a special fund of the County to be designated “Hays County, Texas, (La Cima PID) Rebate Fund” (the “Rebate Fund”) to be held by the Trustee in accordance with the terms and provisions of this Indenture. Amounts on deposit in the Rebate Fund shall be used solely for the purpose of paying amounts relating to the Bonds due the United States Government in accordance with the Code.

(b) In order to assure that Rebate Amount is paid to the United States rather than to a third party, investments of funds on deposit in the Rebate Fund shall be made in accordance with the Code and the Tax Certificate.

(c) The Trustee conclusively shall be deemed to have complied with the provisions of this Section and shall not be liable or responsible if it follows the instructions of the County and shall not be required to take any action under this Section in the absence of written instructions from the County.

(d) If, on the date of each annual calculation, the amount on deposit in the Rebate Fund exceeds the Rebate Amount, the County may direct the Trustee, pursuant to a County Certificate, to transfer the amount in excess of the Rebate Amount to the Principal and Interest Account of the Bond Fund.

Section 6.9. Administrative Fund.

(a) The County shall deposit or cause to be deposited to the District Administration Account of the Administrative Fund the amounts collected each year to pay the Administrative Expenses and Delinquent Collection Costs.

(b) MoneysDRAFT in the District Administration Account of the Administrative Fund shall be held by the Trustee separate and apart from the other Funds created and administered hereunder and used as directed by a County Certificate solely for the purposes set forth in the Service and Assessment Plan.

33 4159-2822-8646.5 Section 6.10. Investment of Funds.

(a) Money in any Fund or Account established pursuant to this Indenture shall be invested by the Trustee as directed by the County pursuant to a County Certificate filed with the Trustee at least two days in advance of the making of such investment in time deposits or certificates of deposit secured in the manner required by law for public funds, or be invested in direct obligations of, including obligations the principal and interest on which are unconditionally guaranteed by, the United States of America, in obligations of any agencies or instrumentalities thereof, or in such other investments as are permitted under the Public Funds Investment Act, Texas Government Code, Chapter 2256, as amended, or any successor law, as in effect from time to time; provided that all such deposits and investments shall be made in such manner (which may include repurchase agreements for such investment with any primary dealer of such agreements) that the money required to be expended from any Fund will be available at the proper time or times. Such investments shall be valued each year in terms of current market value as of September 30. For purposes of maximizing investment returns, to the extent permitted by law, money in such Funds may be invested in common investments of the kind described above, or in a common pool of such investment which shall be kept and held at an official depository bank, which shall not be deemed to be or constitute a commingling of such money or funds provided that safekeeping receipts or certificates of participation clearly evidencing the investment or investment pool in which such money is invested and the share thereof purchased with such money or owned by such Fund are held by or on behalf of each such Fund. If necessary, such investments shall be promptly sold to prevent any default. (b) Obligations purchased as an investment of moneys in any Fund or Account shall be deemed to be part of such Fund or Account, subject, however, to the requirements of this Indenture for transfer of interest earnings and profits resulting from investment of amounts in Funds and Accounts. Whenever in this Indenture any moneys are required to be transferred by the County to the Trustee, such transfer may be accomplished by transferring a like amount of Investment Securities. (c) The Trustee and its affiliates may act as sponsor, advisor, depository, principal or agent in the acquisition or disposition of any investment. The Trustee shall have no investment discretion and the Trustee shall follow the written instruction of any County Certificate. The Trustee shall not incur any liability for losses arising from any investments made pursuant to this Section. The Trustee shall not be required to determine the suitability or legality of any investments. (d) Investments in any and all Funds and Accounts may be commingled in a separate fund or funds for purposes of making, holding and disposing of investments, notwithstanding provisions herein for transfer to or holding in or to the credit of particular Funds or Accounts of amounts received or held by the Trustee hereunder, provided that the Trustee shall at all times account for such investments strictly in accordance with the Funds and Accounts to which they are credited and otherwise as provided in this Indenture. (e) The TrusteeDRAFT will furnish the County monthly cash transaction statements which include detail for all investment transactions made by the Trustee hereunder; and, unless the Trustee receives a written request, the Trustee is not required to provide brokerage confirmations so long as the Trustee is providing such monthly cash transaction statements.

34 4159-2822-8646.5 Section 6.11. Security of Funds.

All Funds or Accounts heretofore created or reaffirmed, to the extent not invested as herein permitted, shall be secured in the manner and to the fullest extent required by law for the security of public funds, and such Funds or Accounts shall be used only for the purposes and in the manner permitted or required by this Indenture.

ARTICLE VII

COVENANTS

Section 7.1. Confirmation of Special Assessments.

The County hereby confirms, covenants, and agrees that the Special Assessments to be collected from the Assessed Parcels in Neighborhood Improvement Area #1 and in Neighborhood Improvement Area #2 are as so reflected in the Amended and Restated Service and Assessment Plan (as it may be updated from time to time ), and, in accordance with the Assessment Orders, it has levied the Special Assessments against the respective Assessed Parcels from which the Assessment Revenues will be collected and received.

Section 7.2. Collection and Enforcement of Special Assessments.

(a) For so long as any Bonds are Outstanding and/or amounts are due the Developer to reimburse it for its funds it has contributed to pay costs of the Neighborhood Improvement Area #1 Improvements or the Neighborhood Improvement Area #2 Improvements, the County covenants, agrees and warrants that it will take and pursue all actions permissible under Applicable Laws to cause the Special Assessments to be collected and the liens thereof enforced continuously, in the manner and to the maximum extent permitted by Applicable Laws, and, to the extent permitted by Applicable Laws, to cause no reduction, abatement or exemption in the Special Assessments.

(b) The County will determine or cause to be determined, no later than February 15 of each year, whether or not any Annual Installment is delinquent and, if such delinquencies exist, the County will order and cause to be commenced as soon as practicable any and all appropriate and legally permissible actions to obtain such Annual Installment, and any delinquent charges and interest thereon, including diligently prosecuting an action in district court to foreclose the currently delinquent Annual Installment. Notwithstanding the foregoing, the County shall not be required under any circumstances to purchase or make payment for the purchase of the delinquent Special Assessment or the corresponding Assessed Parcel. Furthermore, nothing shall obligate the County, the County Attorney, or any appropriate designee to undertake collection or foreclosure actions against delinquent accounts in violation of applicable state law, court order, or existing contractual provisions between the County and its appropriate collectionsDRAFT enforcement designees. Section 7.3. Against Encumbrances.

(a) Other than Refunding Bonds, the County shall not create and, to the extent Pledged Revenues are received, shall not suffer to remain, any lien, encumbrance or charge upon the Trust Estate, or upon any other property pledged under this Indenture, except the pledge created for the security of the Bonds, and other than a lien or pledge subordinate to the lien and pledge of such property related to the Bonds.

35 4159-2822-8646.5 (b) So long as Bonds are Outstanding hereunder, the County shall not issue any bonds, notes or other evidences of indebtedness other than the Bonds or Refunding Bonds secured by any pledge of or other lien or charge on the Trust Estate or other property pledged under this Indenture, other than a lien or pledge subordinate to the lien and pledge of such property related to the Bonds.

Section 7.4. Records, Accounts, Accounting Reports.

The County hereby covenants and agrees that so long as any of the Bonds or any interest thereon remain Outstanding and unpaid, and/or the obligation to the Developer to reimburse it for funds it has contributed to pay costs of the Neighborhood Improvement Area #1 Improvements or the Neighborhood Improvement Area #2 Improvements remain outstanding and unpaid, it will keep and maintain a proper and complete system of records and accounts pertaining to the Special Assessments. The Trustee and Owner or Owners of any Bonds or any duly authorized agent or agents of such Owners shall have the right at all reasonable times to inspect all such records, accounts, and data relating thereto, upon written request to the County by the Trustee or duly authorized representative, as applicable. The County shall provide the Trustee or duly authorized representative, as applicable, an opportunity to inspect such books and records relating to the Bonds during the County’s regular business hours and on a mutually agreeable date not later than 30 days after the County receives such request.

Section 7.5. Covenants to Maintain Tax-Exempt Status.

For any Bonds for which the County intends that the interest on the Bonds shall be excludable from gross income of the owners thereof for federal income tax purposes pursuant to Sections 103 and 141 through 150 of the Internal Revenue Code of 1986, as amended (the “Code”), and all applicable temporary, proposed and final regulations (the “Regulations”) and procedures promulgated thereunder and applicable to the Bonds, the County covenants that it will monitor and control the receipt, investment, expenditure and use of all gross proceeds of the Bonds (including all property the acquisition, construction or improvement of which is to be financed directly or indirectly with the proceeds of the Bonds) and take or omit to take such other and further actions as may be required by Sections 103 and 141 through 150 of the Code and the Regulations to cause interest on the Bonds to be and remain excludable from the gross income, as defined in Section 61 of the Code, of the owners of the Bonds for federal income tax purposes. Without limiting the generality of the foregoing, the County shall comply with each of the following covenants:

(a) The County will use all of the proceeds of the Bonds to provide funds for the purposes described in Section 3.1 hereof. The County will not use any portion of the proceeds of the Bonds to pay the principal of or interest or redemption premium on, any other obligation of the County or a related person.

(b) The County will not directly or indirectly take any action, or omit to take any action, which actionDRAFT or omission would cause the Bonds to constitute “private activity bonds” within the meaning of Section 141(a) of the Code.

(c) Principal of and interest on the Bonds will be paid solely from the Special Assessments collected by the County and investment earnings on such collections.

(d) Based upon all facts and estimates now known or reasonably expected to be in existence on the date the Bonds are delivered, the County reasonably expects that the

36 4159-2822-8646.5 proceeds of the Bonds will not be used in a manner that would cause the Bonds or any portion thereof to be an “arbitrage bond” within the meaning of Section 148 of the Code.

(e) At all times while the Bonds are outstanding, the County will identify and properly account for all amounts constituting gross proceeds of the Bonds in accordance with the Regulations. The County will monitor the yield on the investments of the proceeds of the Bonds and, to the extent required by the Code and the Regulations, will restrict the yield on such investments to a yield which is not materially higher than the yield on the Bonds. To the extent necessary to prevent the Bonds from constituting “arbitrage bonds,” the County will make such payments as are necessary to cause the yield on all yield restricted nonpurpose investments allocable to the Bonds to be less than the yield that is materially higher than the yield on the Bonds.

(f) The County will not take any action or knowingly omit to take any action that, if taken or omitted, would cause the Bonds to be treated as “federally guaranteed” obligations for purposes of Section 149(b) of the Code.

(g) The County represents that not more than 50% of the proceeds of the Bonds will be invested in nonpurpose investments (as defined in Section 148(f)(6)(A) of the Code) having a substantially guaranteed yield for four years or more within the meaning of Section 149(g)(3)(A)(ii) of the Code, and the County reasonably expects that at least 85% of the spendable proceeds of the Bonds will be used to carry out the governmental purpose of the Bonds within the three-year period beginning on the date of issue of the Bonds.

(h) The County will take all necessary steps to comply with the requirement that certain amounts earned by the County on the investment of the gross proceeds of the Bonds, if any, be rebated to the federal government. Specifically, the County will (i) maintain records regarding the receipt, investment, and expenditure of the gross proceeds of the Bonds as may be required to calculate such excess arbitrage profits separately from records of amounts on deposit in the funds and accounts of the County allocable to other obligations of the County or moneys which do not represent gross proceeds of any obligations of the County and retain such records for at least six years after the day on which the last outstanding Bond is discharged, (ii) account for all gross proceeds under a reasonable, consistently applied method of accounting, not employed as an artifice or device to avoid in whole or in part, the requirements of Section 148 of the Code, including any specified method of accounting required by applicable Regulations to be used for all or a portion of any gross proceeds, (iii) calculate, at such times as are required by applicable Regulations, the amount of excess arbitrage profits, if any, earned from the investment of the gross proceeds of the Bonds and (iv) timely pay, as required by applicable Regulations, all amounts required to be rebated to the federal government. In addition, the County will exercise reasonable diligence to assure that no errors are made in the calculations required by the preceding sentence and, if such an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter, including payment to the federal government of any delinquent amounts owed to it, interest thereon andDRAFT any penalty. (i) The County will not directly or indirectly pay any amount otherwise payable to the federal government pursuant to the foregoing requirements to any person other than the federal government by entering into any investment arrangement with respect to the gross proceeds of the Bonds that might result in a reduction in the amount required to be paid to the federal government because such arrangement results in a smaller profit or a larger loss than

37 4159-2822-8646.5 would have resulted if such arrangement had been at arm's length and had the yield on the Bonds not been relevant to either party.

(j) The County will timely file or cause to be filed with the Secretary of the Treasury of the United States the information required by Section 149(e) of the Code with respect to the Bonds on such form and in such place as the Secretary may prescribe.

(k) The County will not issue or use the Bonds as part of an “abusive arbitrage device” (as defined in Section 1.148-10(a) of the Regulations). Without limiting the foregoing, the Bonds are not and will not be a part of a transaction or series of transactions that attempts to circumvent the provisions of Section 148 of the Code and the Regulations, by (i) enabling the County to exploit the difference between tax-exempt and taxable interest rates to gain a material financial advantage, or (ii) increasing the burden on the market for tax-exempt obligations.

(l) Proper officers of the County charged with the responsibility for issuing the Bonds are hereby directed to make, execute and deliver certifications as to facts, estimates or circumstances in existence as of the date of issuance of the Bonds and stating whether there are facts, estimates or circumstances that would materially change the County's expectations. On or after the date of issuance of the Bonds, the County will take such actions as are necessary and appropriate to assure the continuous accuracy of the representations contained in such certificates.

(m) The covenants and representations made or required by this Section are for the benefit of the Owners and any subsequent Owner, and may be relied upon by the Owners and any subsequent Owners and bond counsel to the County.

(n) In complying with the foregoing covenants, the County may rely upon an unqualified opinion issued to the County by nationally recognized bond counsel that any action by the County or reliance upon any interpretation of the Code or Regulations contained in such opinion will not cause interest on the Bonds to be includable in gross income for federal income tax purposes under existing law.

(o) Notwithstanding any other provision of this Indenture, the County's representations and obligations under the covenants and provisions of this Section shall survive the defeasance and discharge of the Bonds for as long as such matters are relevant to the exclusion of interest on the Bonds from the gross income of the owners for federal income tax purposes.

(p) The County hereby directs and authorizes the County Judge, County Auditor, General Counsel to the Commissioners Court, or County Clerk, individually or jointly, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Bonds, in the Tax Certificate or similar or other appropriateDRAFT certificate, form or document. ARTICLE VIII

LIABILITY OF COUNTY

Neither the full faith and credit nor the general taxing power of the County is pledged to the payment of the Bonds, and except for the Trust Estate, no County taxes, fee or revenues

38 4159-2822-8646.5 from any source are pledged to the payment of, or available to pay any portion of, the Bonds or any other obligations relating to the District. The County shall never be liable for any obligations relating to the Bonds or other obligations relating to the District, other than as specifically provided for in this Indenture.

The County shall not incur any responsibility in respect of the Bonds or this Indenture other than in connection with the duties or obligations explicitly herein or in the Bonds assigned to or imposed upon it. The County shall not be liable in connection with the performance of its duties hereunder, except for its own willful default or act of bad faith. The County shall not be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions covenants or agreements of the Trustee herein or of any of the documents executed by the Trustee in connection with the Bonds, or as to the existence of a default or event of default thereunder.

In the absence of bad faith, the County may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon certificates or opinions furnished to the County and conforming to the requirements of this Indenture. The County shall not be liable for any error of judgment made in good faith unless it shall be proved that it was negligent in ascertaining the pertinent facts.

No provision of this Indenture, the Bonds, the Assessment Orders, or any agreement, document, instrument, or certificate executed, delivered or approved in connection with the issuance, sale, delivery, or administration of the Bonds (collectively, the “Bond Documents”), shall require the County to expend or risk its own general funds or otherwise incur any financial liability (other than with respect to the Trust Estate and the Administrative Expenses) in the performance of any of its obligations hereunder, or in the exercise of any of its rights or powers, if in the judgment of the County there are reasonable grounds for believing that the repayment of such funds or liability is not reasonably assured to it.

Neither the Owners nor any other Person shall have any claim against the County or any of its officers, officials, agents, or employees for damages suffered as a result of the County’s failure to perform in any respect any covenant, undertaking, or obligation under any Bond Documents or as a result of the incorrectness of any representation in, or omission from, any of the Bond Documents, except to the extent that any such claim relates to an obligation, undertaking, representation, or covenant of the County, in accordance with the Bond Documents and the PID Act. Any such claim shall be payable only from Trust Estate, the funds available for such payment in any of the Pledged Funds, if any, or the amounts collected to pay Administrative Expenses on deposit in the Administrative Fund. Nothing contained in any of the Bond Documents shall be construed to preclude any action or proceeding in any court or before any governmental body, agency, or instrumentality against the County or any of its officers, officials, agents, or employees to enforce the provisions of any of the Bond Documents or to enforce all rights of the Owners of the Bonds by mandamus or other proceeding at law or in equity. DRAFT The County may rely on and shall be protected in acting or refraining from acting upon any notice, resolution, request, consent, order, certificate, report, warrant, bond, or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or proper parties. The County may consult with counsel with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith and in accordance therewith.

39 4159-2822-8646.5 Whenever in the administration of its duties under this Indenture, the County shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of willful misconduct on the part of the County, be deemed to be conclusively proved and established by a certificate of the Trustee, an Independent Financial Consultant, an independent inspector or County Auditor or other person designated by the Commissioners Court to so act on behalf of the County, and such certificate shall be full warrant to the County for any action taken or suffered under the provisions of this Indenture upon the faith thereof, but in its discretion the County may, in lieu thereof, accept other evidence of such matter or may require such additional evidence as to it may seem reasonable.

In order to perform its duties and obligations hereunder, the County may employ such persons or entities as it deems necessary or advisable. The County shall not be liable for any of the acts or omissions of such persons or entities employed by it in good faith hereunder, and shall be entitled to rely, and shall be fully protected in doing so, upon the opinions, calculations, determinations, and directions of such persons or entities.

ARTICLE IX

THE TRUSTEE

Section 9.1. Trustee as Registrar and Paying Agent.

The Trustee is hereby designated and agrees to act as Paying Agent /Registrar for and in respect to the Bonds. The Trustee hereby accepts and agrees to execute the respective trusts imposed upon it by this Indenture, but only upon the express terms and conditions, and subject to the provisions of this Indenture to all of which the parties hereto and the Owners of the Bonds agree. No implied covenants or obligations shall be read into this Indenture against the Trustee.

Section 9.2. Trustee Entitled to Indemnity.

The Trustee shall be under no obligation to spend its own funds, to institute any suit, or to undertake any proceeding under this Indenture, or to enter any appearance or in any way defend in any suit in which it may be made defendant, or to take any steps in the execution of the trusts hereby created or in the enforcement of any rights and powers hereunder, until it shall be indemnified, to the extent permitted by law, to its satisfaction against any and all costs and expenses, outlays, and counsel fees and other reasonable disbursements, and against all liability except as a consequence of its own negligence or willful misconduct; provided, however, that absent an Event of Default, the Trustee shall not request or require indemnification as a condition to making any deposits, payments or transfers when required hereunder, or to delivering any notice when required hereunder. Nevertheless, the Trustee may begin suit, or appear in and defend suit, or do anything else in its judgment proper to be done by it as the Trustee, without indemnity,DRAFT and in such case the Trustee may make transfers from the District Administration Account, and to the extent money in the Administrative Fund is insufficient, from the Pledged Revenue Fund, to pay all costs and expenses, outlays, and counsel fees and other reasonable disbursements properly incurred in connection therewith and shall, to the extent permitted by law, be entitled to a preference therefor over any Bonds Outstanding hereunder.

40 4159-2822-8646.5 Section 9.3. Responsibilities of the Trustee.

The recitals contained in this Indenture and in the Bonds shall be taken as the statements of the County and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity or sufficiency of the offering documents, this Indenture, or the Bonds or with respect to the security afforded by this Indenture, and the Trustee shall incur no liability with respect thereto. Except as otherwise expressly provided in this Indenture, the Trustee shall have no responsibility or duty with respect to: (i) the issuance of Bonds for value; (ii) the application of the proceeds thereof, except to the extent that such proceeds are received by it in its capacity as Trustee; (iii) the application of any moneys paid to the County or others in accordance with this Indenture, except as to the application of any moneys paid to it in its capacity as Trustee; or (iv) any calculation of arbitrage or rebate under the Code. The Trustee has the right to act through agents and attorneys and shall have no liability for the negligence or willful misconduct of the agents and attorneys appointed with due care.

The duties and obligations of the Trustee shall be determined by the express provisions of this Indenture, and the Trustee shall not be liable except for the performance of such duties and obligations as are specifically set forth in this Indenture.

The Trustee shall not be liable for any action taken or omitted by it in the performance of its duties under this Indenture, except for its own negligence or willful misconduct, both before and after default by the County. In no event shall the Trustee be liable for incidental, indirect, special or consequential damages in connection with or arising from this Indenture for the existence, furnishing or use of the Neighborhood Improvement Area #1 Improvements or the Neighborhood Improvement Area #2 Improvements.

The Trustee shall not be required to take notice, and shall not be deemed to have notice, of any default or Event of Default hereunder, unless the Trustee shall be notified specifically of the default or Event of Default in a written instrument or document delivered to it by the County or by the Owners of at least 51% of the aggregate principal amount of Bonds then Outstanding. In the absence of delivery of a notice satisfying those requirements, the Trustee may assume conclusively that there is no default or Event of Default.

In case a default or an Event of Default has occurred and is continuing hereunder (of which the Trustee has been notified), the Trustee shall exercise those rights and powers vested in it by this Indenture and shall use the same degree of care and skill in its exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.

Section 9.4. Property Held in Trust.

All moneys and securities held by the Trustee at any time pursuant to the terms of this Indenture shall be held by the Trustee in trust for the purposes and under the terms and conditions of this Indenture.DRAFT Section 9.5. Trustee Protected in Relying on Certain Documents.

The Trustee may rely upon any order, notice, request, consent, waiver, certificate, statement, affidavit, requisition, bond, or other document provided to the Trustee in accordance with the terms of this Indenture that it shall in good faith reasonably believe to be genuine and to have been adopted or signed by the proper board or Person or to have been prepared and

41 4159-2822-8646.5 furnished pursuant to any of the provisions of this Indenture, or upon the written opinion of any counsel, architect, engineer, insurance consultant, management consultant, or accountant believed by the Trustee to be qualified in relation to the subject matter, and the Trustee shall be under no duty to make any investigation or inquiry into any statements contained or matters referred to in any such instrument. The Trustee may consult with counsel that is nationally recognized in the field of municipal bond law, who may or may not be Bond Counsel, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken, suffered, or omitted to be taken by it in good faith and in accordance therewith. Any action taken by the Trustee pursuant to this Indenture upon the request or authority or consent of any person who, at the time of making such request, or giving such authority or consent to the Owner of any Bond, shall be conclusive and binding upon all future owners of the same Bond and upon Bonds issued in exchange therefor and upon transfer or in place thereof.

Whenever the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering any action under this Indenture, such matter may be deemed to be conclusively proved and established by a County Certificate, unless other evidence in respect thereof be hereby specifically prescribed. Such County Certificate shall be full warrant for any action taken or suffered in good faith under the provisions hereof, but in its sole discretion the Trustee may in lieu thereof accept other evidence of such fact or matter or may require such further or additional evidence as it may deem reasonable. Except as otherwise expressly provided herein, any request, order, notice, or other direction required or permitted to be furnished pursuant to any provision hereof by the County to the Trustee shall be sufficiently executed if executed in the name of the County by the County Representative.

The Trustee shall not be under any obligation to see to the recording or filing of this Indenture, or otherwise to the giving to any Person of notice of the provisions hereof except as expressly required in Section 9.13 herein.

Section 9.6. Compensation.

Unless otherwise provided by contract with the Trustee, the Trustee shall transfer from the Administrative Fund, from time to time, reasonable compensation for all services rendered by it hereunder, including its services as Registrar and Paying Agent, together with all its reasonable expenses, charges, and other disbursements and those of its counsel, agents and employees, incurred in and about the administration and execution of the trusts hereby created and the exercise of its powers and the performance of its duties hereunder, subject to any limit on the amount of such compensation or recovery of expenses or other charges as shall be prescribed by specific agreement, and the Trustee shall have a lien therefor on any and all funds at any time held by it in the Administrative Fund. None of the provisions contained in this Indenture shall require the Trustee to expend or risk its own funds or otherwise incur financial liability in the performance of any of its duties or in the exercise of any of its rights or powers, if in the judgment of the Trustee there are reasonable grounds for believing that the repayment of such funds or liability is not reasonably assured to it. If the County shall fail to make any payment required byDRAFT this Section, the Trustee may make such payment from any moneys in its possession in the Administrative Fund.

Section 9.7. Permitted Acts.

The Trustee and its directors, officers, employees, or agents may become the Owner of or may in good faith buy, sell, own, hold and deal in Bonds and may join in any action that any Owner of Bonds may be entitled to take as fully and with the same rights as if it were not the

42 4159-2822-8646.5 Trustee. The Trustee may act as depository, and permit any of its officers or directors to act as a member of, or in any other capacity with respect to, the County or any committee formed to protect the rights of Owners or to effect or aid in any reorganization growing out of the enforcement of the Bonds or this Indenture, whether or not such committee shall represent the Owners of a majority in aggregate outstanding principal amount of the Bonds.

Section 9.8. Resignation of Trustee.

The Trustee may at any time resign and be discharged of its duties and obligations hereunder by giving not fewer than 30 days’ written notice, specifying the date when such resignation shall take effect, to the County and each Owner of any Outstanding Bond. Such resignation shall take effect upon the appointment of a successor as provided in Section 9.10 and the acceptance of such appointment by such successor.

Section 9.9. Removal of Trustee.

The Trustee may be removed at any time by (i) the Owners of at least a majority of the aggregate Outstanding principal of the Bonds by an instrument or concurrent instruments in writing signed and acknowledged by such Owners or by their attorneys-in-fact, duly authorized and delivered to the County, or (ii) so long as the County is not in default under this Indenture, the County. Copies of each such instrument shall be delivered by the County to the Trustee and any successor thereof. The Trustee may also be removed at any time for any breach of trust or for acting or proceeding in violation of, or for failing to act or proceed in accordance with, any provision of this Indenture with respect to the duties and obligations of the Trustee by any court of competent jurisdiction upon the application of the County or the Owners of not less than 10% of the aggregate Outstanding principal of the Bonds.

Section 9.10. Successor Trustee.

If the Trustee shall resign, be removed, be dissolved, or become incapable of acting, or shall be adjudged as bankrupt or insolvent, or if a receiver, liquidator, or conservator of the Trustee or of its property shall be appointed, or if any public officer shall take charge or control of the Trustee or of its property or affairs, the position of the Trustee hereunder shall thereupon become vacant.

If the position of Trustee shall become vacant for any of the foregoing reasons or for any other reason, a successor Trustee may be appointed after any such vacancy shall have occurred by the Owners of at least 25% of the aggregate Outstanding principal of the Bonds by an instrument or concurrent instruments in writing signed and acknowledged by such Owners or their attorneys-in-fact, duly authorized and delivered to such successor Trustee, with notification thereof being given to the predecessor Trustee and the County.

Until such successor Trustee shall have been appointed by the Owners of the Bonds in accordance with theDRAFT immediately preceding paragraph, the County shall forthwith (and in no event in excess of 30 days after such vacancy occurs) appoint a Trustee to act hereunder. Copies of any instrument of the County providing for any such appointment shall be delivered by the County to the Trustee so appointed. The County shall mail notice of any such appointment to each Owner of any Outstanding Bonds within 30 days after such appointment. Any appointment of a successor Trustee made by the County immediately and without further act shall be superseded and revoked by an appointment subsequently made by the Owners of Bonds.

43 4159-2822-8646.5 If in a proper case no appointment of a successor Trustee shall be made within 45 days after the giving by any Trustee of any notice of resignation in accordance with Section 9.8 herein or after the occurrence of any other event requiring or authorizing such appointment, the Trustee or any Owner of Bonds may apply to any court of competent jurisdiction for the appointment of such a successor, and the court may thereupon, after such notice, if any, as the court may deem proper, appoint such successor and the County shall be responsible for the costs of such appointment process.

Any successor Trustee appointed under the provisions of this Section shall be a commercial bank or trust company or national banking association (i) having a capital and surplus and undivided profits aggregating at least $50,000,000, if there be such a commercial bank or trust company or national banking association willing and able to accept the appointment on reasonable and customary terms, and (ii) authorized by law to perform all the duties of the Trustee required by this Indenture.

Each successor Trustee shall mail, in accordance with the provisions of the Bonds, notice of its appointment to the Trustee, any rating agency which, at the time of such appointment, is providing a rating on the Bonds and each of the Owners of the Bonds.

Section 9.11. Transfer of Rights and Property to Successor Trustee.

Any successor Trustee appointed under the provisions of Section 9.10 shall execute, acknowledge, and deliver to its predecessor and the County an instrument in writing accepting such appointment, and thereupon such successor, without any further act, deed, or conveyance, shall become fully vested with all moneys, estates, properties, rights, immunities, powers, duties, obligations, and trusts of its predecessor hereunder, with like effect as if originally appointed as Trustee. However, the Trustee then ceasing to act shall nevertheless, on request of the County or of such successor, execute, acknowledge, and deliver such instruments of conveyance and further assurance and do such other things as may reasonably be required for more fully and certainly vesting and confirming in such successor all the rights, immunities, powers, and trusts of such Trustee and all the right, title, and interest of such Trustee in and to the Trust Estate, and shall pay over, assign, and deliver to such successor any moneys or other properties subject to the trusts and conditions herein set forth. Should any deed, conveyance, or instrument in writing from the County be required by such successor for more fully and certainly vesting in and confirming to it any such moneys, estates, properties, rights, powers, duties, or obligations, any and all such deeds, conveyances, and instruments in writing, on request and so far as may be authorized by law, shall be executed, acknowledged, and delivered by the County.

Section 9.12. Merger, Conversion or Consolidation of Trustee.

Any corporation or association into which the Trustee may be merged or with which it may be consolidated or any corporation or association resulting from any merger, conversion or consolidation to whichDRAFT it shall be a party or any corporation or association to which the Trustee may sell or transfer all or substantially all of its corporate trust business shall be the successor to such Trustee hereunder, without any further act, deed or conveyance, provided that such corporation or association shall be a commercial bank or trust company or national banking association qualified to be a successor to such Trustee under the provisions of Section 9.10, or a trust company that is a wholly-owned subsidiary of any of the foregoing.

44 4159-2822-8646.5 Section 9.13. Security Interest in Trust Estate.

Chapter 1208, Texas Government Code, applies to the issuance of the Bonds and the pledge of the Trust Estate provided for herein, and such pledge is, under current law, valid, effective and perfected. The County shall cause to be filed all appropriate initial financing statements, if any, to ensure that the Trustee (for the benefit of the Owners of the Bonds) is granted a valid and perfected first priority lien on the entire Trust Estate. Nothing herein shall obligate the Trustee to file any initial financing statements. Upon the County’s timely delivery of a copy of such filed initial financing statement, if any, to the Trustee, the Trustee shall file continuation statements of such initial financing statement.

Section 9.14. Construction of Indenture.

The Trustee may construe any of the provisions of this Indenture insofar as the same may appear to be ambiguous or inconsistent with any other provision hereof, and any construction of any such provisions hereof by the Trustee in good faith shall be binding upon the Owners of the Bonds. Permissive rights of the Trustee are not to be construed as duties.

ARTICLE X

MODIFICATION OR AMENDMENT OF THIS INDENTURE

Section 10.1. Amendments Permitted.

This Indenture and the rights and obligations of the County and of the Owners of the Bonds may be modified or amended at any time by a Supplemental Indenture, except as provided below, pursuant to the affirmative vote at a meeting of Owners of the Bonds, or with the written consent without a meeting, of the Owners of at least 51% of the aggregate principal amount of the Bonds then Outstanding. No such modification or amendment shall (i) extend the maturity of any Bond or reduce the interest rate thereon, or otherwise alter or impair the obligation of the County to pay the principal of, and the interest and any premium on, any Bond, without the express consent of the Owner of such Bond, or (ii) permit the creation by the County of any pledge or lien upon the Trust Estate superior to the pledge and lien created for the benefit of the Bonds, (iii) except for the issuance of Refunding Bonds or as otherwise permitted by this Indenture and Applicable Law, permit the creation by the County of any pledge or lien upon the Trust Estate, or any portion thereof, on a parity with the pledge and lien created for the benefit of the Bonds, or (iv) reduce the percentage of the Owners of Bonds required for the amendment of this Indenture. Any such amendment may not modify any of the rights or obligations of the Trustee without its written consent.

This Indenture and the rights and obligations of the County and of the Owners may also be modified or amended at any time by a Supplemental Indenture, without the consent of any Owners, only to the extent permitted by law and only for any one or more of the following purposes: DRAFT (i) to add to the covenants and agreements of the County in this Indenture contained, other covenants and agreements thereafter to be observed, or to limit or surrender any right or power herein reserved to or conferred upon the County;

(ii) to make modifications not adversely affecting any Outstanding Bonds in any material respect;

45 4159-2822-8646.5 (iii) to make such provisions for the purpose of curing any ambiguity, or of curing, correcting or supplementing any defective provision contained in this Indenture, or in regard to questions arising under this Indenture, as the County and the Trustee may deem necessary or desirable and not inconsistent with this Indenture, and that shall not adversely affect the rights of the Owners of the Bonds;

(iv) to provide for the issuance of Refunding Bonds as set forth in Section 13.2 herein; and

(v) to make such additions, deletions or modifications as may be necessary or desirable to assure exemption from federal income taxation of interest on the Bonds.

Any modification or amendment made pursuant to this paragraph shall not be subject to the notice procedures specified in Section 10.3 below.

Section 10.2. Owners’ Meetings.

The County may at any time call a meeting of the Owners of the Bonds. In such event the County is authorized to fix the time and place of said meeting and to provide for the giving of notice thereof, and to fix and adopt reasonable rules and regulations for the conduct of said meeting; provided, however, that the same may not conflict with the terms of this Indenture. Without limiting the generality of the immediately preceding sentence, such rules and regulations may not reduce the percentage of Owners of Bonds required for the amendment of this Indenture as provided herein.

Section 10.3. Procedure for Amendment with Written Consent of Owners.

The County and the Trustee may at any time adopt a Supplemental Indenture amending the provisions of the Bonds or of this Indenture, to the extent that such amendment is permitted by Section 10.1 herein, to take effect when and as provided in this Section. A copy of such Supplemental Indenture, together with a request to Owners for their consent thereto, shall be mailed by first-class mail, by the Trustee to each Owner of Bonds from whom consent is required under this Indenture, but failure to mail copies of such Supplemental Indenture and request shall not affect the validity of the Supplemental Indenture when assented to as in this Section provided.

Such Supplemental Indenture shall not become effective unless there shall be filed with the Trustee the written consents of the Owners as required by this Indenture and a notice shall have been mailed as hereinafter in this Section provided and the County has delivered to the Trustee an opinion of Bond Counsel as set forth in Section 10.8 herein. Each such consent shall be effective only if accompanied by proof of ownership of the Bonds for which such consent is given, which proof shall be such as is permitted by Section 11.6 herein. Any such consent shall be binding upon the Owner of the Bonds giving such consent and on any subsequent Owner (whetherDRAFT or not such subsequent Owner has notice thereof), unless such consent is revoked in writing by the Owner giving such consent or a subsequent Owner by filing such revocation with the Trustee prior to the date when the notice hereinafter in this Section provided for has been mailed.

After the Owners of the required percentage of Bonds shall have filed their consents to the Supplemental Indenture, the County shall mail a notice to the Owners in the manner hereinbefore provided in this Section for the mailing of the Supplemental Indenture, stating in

46 4159-2822-8646.5 substance that the Supplemental Indenture has been consented to by the Owners of the required percentage of Bonds and will be effective as provided in this Section (but failure to mail copies of said notice shall not affect the validity of the Supplemental Indenture or consents thereto). Proof of the mailing of such notice shall be filed with the Trustee. A record, consisting of the papers required by this Section 10.3 to be filed with the Trustee, shall be proof of the matters therein stated until the contrary is proved. The Supplemental Indenture shall become effective upon the filing with the Trustee of the proof of mailing of such notice, and the Supplemental Indenture shall be deemed conclusively binding (except as otherwise hereinabove specifically provided in this Article) upon the County and the Owners of all Bonds at the expiration of 60 days after such filing, except in the event of a final decree of a court of competent jurisdiction setting aside such consent in a legal action or equitable proceeding for such purpose commenced within such sixty-day period.

Section 10.4. Effect of Supplemental Indenture.

From and after the time any Supplemental Indenture becomes effective pursuant to this Article X, this Indenture shall be deemed to be modified and amended in accordance therewith, the respective rights, duties, and obligations under this Indenture of the County, the Trustee and all Owners of Bonds Outstanding shall thereafter be determined, exercised and enforced hereunder subject in all respects to such modifications and amendments, and all the terms and conditions of any such Supplemental Indenture shall be deemed to be part of the terms and conditions of this Indenture for any and all purposes.

Section 10.5. Endorsement or Replacement of Bonds Issued After Amendments.

The County may determine that Bonds issued and delivered after the effective date of any action taken as provided in this Article X shall bear a notation, by endorsement or otherwise, in form approved by the County, as to such action. In that case, upon demand of the Owner of any Bond Outstanding at such effective date and presentation of his Bond for that purpose at the designated office of the Trustee or at such other office as the County may select and designate for that purpose, a suitable notation shall be made on such Bond. The County may determine that new Bonds, so modified as in the opinion of the County is necessary to conform to such Owners’ action, shall be prepared, executed, and delivered. In that case, upon demand of the Owner of any Bonds then Outstanding, such new Bonds shall be exchanged at the designated office of the Trustee without cost to any Owner, for Bonds then Outstanding, upon surrender of such Bonds.

Section 10.6. Amendatory Endorsement of Bonds.

The provisions of this Article X shall not prevent any Owner from accepting any amendment as to the particular Bonds held by such Owner, provided that due notation thereof is made on such Bonds. Section 10.7. DRAFT Waiver of Default. With the written consent of the Owners of at least 51% in aggregate principal amount of the Bonds then Outstanding, the Owners may waive compliance by the County with certain past defaults under this Indenture and their consequences. Any such consent shall be conclusive and binding upon the Owners and upon all future Owners.

47 4159-2822-8646.5 Section 10.8. Execution of Supplemental Indenture.

In executing, or accepting the additional trusts created by, any Supplemental Indenture permitted by this Article or the modification thereby of the trusts created by this Indenture, the Trustee shall receive, and shall be fully protected in relying upon, an opinion of Bond Counsel addressed to the Trustee and the County to the effect that such Supplemental Indenture is permitted by and in compliance with this Indenture and will not adversely affect the exclusion of interest on the Bonds from gross income for purposes of federal income taxation. The Trustee may, but shall not be obligated to, enter into any such Supplemental Indenture which affects the Trustee's own rights, duties and immunities under this Indenture or otherwise.

ARTICLE XI

DEFAULT AND REMEDIES

Section 11.1. Events of Default.

(a) Each of the following occurrences or events shall be and is hereby declared to be an “Event of Default,” to wit:

(i) The failure of the County to deposit the Assessment Revenues to the Bond Pledged Revenue Account of the Pledged Revenue Fund; (ii) The failure of the County to enforce the collection of the Special Assessments, including the prosecution of foreclosure proceedings; (iii) The failure to make payment of the principal of or interest on any of the Bonds when the same becomes due and payable and such failure is not remedied within 30 days; provided, however, that the payments are to be made only from Pledged Revenues or other funds currently available in the Pledged Funds available to the County to make any such payment; and (iv) Default in the performance or observance of any covenant, agreement or obligation of the County under this Indenture and the continuation thereof for a period of 90 days after written notice to the County by the Trustee, or by the Owners of at least 25% of the aggregate Outstanding principal of the Bonds with a copy to the Trustee, specifying such default and requesting that the failure be remedied.

(b) Nothing in Section 11.1(a) will be an Event of Default if it is in violation of any applicable state law or court order. Nothing in (iii) above shall require the County to advance funds other than Pledged Revenues that have been received by the County or other funds available in the Pledged Funds to pay principal of or interest on the Bonds.

Section 11.2. Immediate Remedies for Default.

(a) SubjectDRAFT to Article VIII, upon the happening and continuance of any of the Events of Default described in Section 11.1, the Trustee may, and at the written direction of the Owners of at least 25% of the Bonds then Outstanding shall, proceed against the County for the purpose of protecting and enforcing the rights of the Owners under this Indenture, by action seeking mandamus or by other suit, action, or special proceeding in equity or at law, in any court of competent jurisdiction, for any relief to the extent permitted by this Indenture or by Applicable Laws, including, but not limited to, the specific performance of any covenant or

48 4159-2822-8646.5 agreement contained herein, or injunction; provided, however, that no action for money damages against the County may be sought or shall be permitted.

(b) THE PRINCIPAL OF THE BONDS SHALL NOT BE SUBJECT TO ACCELERATION UNDER ANY CIRCUMSTANCES.

(c) If the assets of the Trust Estate are sufficient to pay all amounts due with respect to all Outstanding Bonds, in the selection of Trust Estate assets to be used in the payment of Bonds due under this Article, the County shall determine, in its absolute discretion, and shall instruct the Trustee by County Certificate, which Trust Estate assets shall be applied to such payment and shall not be liable to any Owner or other Person by reason of such selection and application. In the event that the County shall fail to deliver to the Trustee such County Certificate, the Trustee shall select and liquidate or sell Trust Estate assets as provided in the following paragraph, and shall not be liable to any Owner, or other Person, or the County by reason of such selection, liquidation or sale.

(d) Whenever moneys are to be applied pursuant to this Article XI, irrespective of and whether other remedies authorized under this Indenture shall have been pursued in whole or in part, the Trustee may cause any or all of the assets of the Trust Estate, including Investment Securities, to be sold. The Trustee may so sell the assets of the Trust Estate and all right, title, interest, claim and demand thereto and the right of redemption thereof, in one or more parts, at any such place or places, and at such time or times and upon such notice and terms as the Trustee may deem appropriate and as may be required by law and apply the proceeds thereof in accordance with the provisions of this Section. Upon such sale, the Trustee may make and deliver to the purchaser or purchasers a good and sufficient assignment or conveyance for the same, which sale shall be a perpetual bar both at law and in equity against the County, and all other Persons claiming such properties. No purchaser at any sale shall be bound to see to the application of the purchase money proceeds thereof or to inquire as to the authorization, necessity, expediency, or regularity of any such sale. Nevertheless, if so requested by the Trustee, the County shall ratify and confirm any sale or sales by executing and delivering to the Trustee or to such purchaser or purchasers all such instruments as may be necessary or, in the reasonable judgment of the Trustee, proper for the purpose which may be designated in such request.

Section 11.3. Restriction on Owner’s Action.

(a) No Owner shall have any right to institute any action, suit or proceeding at law or in equity for the enforcement of this Indenture or for the execution of any trust thereof or any other remedy hereunder, unless (i) a default has occurred and is continuing of which the Trustee has been notified in writing, (ii) such default has become an Event of Default and the Owners of not less than 25% of the aggregate principal amount of the Bonds then Outstanding have made written request to the Trustee and offered it reasonable opportunity either to proceed to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its ownDRAFT name, (iii) the Owners have furnished to the Trustee indemnity as provided in Section 9.2 herein, (iv) the Trustee has for 90 days after such notice failed or refused to exercise the powers hereinbefore granted, or to institute such action, suit, or proceeding in its own name, (v) no written direction inconsistent with such written request has been given to the Trustee during such 90-day period by the Owners of at least 51% of the aggregate principal amount of the Bonds then Outstanding, and (vi) notice of such action, suit or proceeding is given to the Trustee in writing; however, no one or more Owners of the Bonds shall have any right in any manner whatsoever to affect, disturb, or prejudice this Indenture by

49 4159-2822-8646.5 its, his or their action or to enforce any right hereunder except in the manner provided herein, and that all proceedings at law or in equity shall be instituted and maintained in the manner provided herein and for the equal benefit of the Owners of all Bonds then Outstanding. The notification, request and furnishing of indemnity set forth above shall, at the option of the Trustee, be conditions precedent to the execution of the powers and trusts of this Indenture and to any action or cause of action for the enforcement of this Indenture or for any other remedy hereunder.

(b) Subject to Article VIII, nothing in this Indenture shall affect or impair the right of any Owner to enforce, by action at law, payment of any Bond at and after the maturity thereof, or on the date fixed for redemption or the obligation of the County to pay each Bond issued hereunder to the respective Owners thereof at the time and place, from the source and in the manner expressed herein and in the Bonds.

(c) In case the Trustee or any Owners shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Trustee or any Owners, then and in every such case the County, the Trustee and the Owners shall be restored to their former positions and rights hereunder, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

Section 11.4. Application of Revenues and Other Moneys After Default.

(a) All moneys, securities, funds and Pledged Revenues and other assets of the Trust Estate and the income therefrom received by the Trustee pursuant to any right given or action taken under the provisions of this Article shall, after payment of the cost and expenses of the proceedings resulting in the collection of such amounts, the expenses (including its counsel fees, costs and expenses), liabilities, and advances incurred or made by the Trustee and the fees of the Trustee in carrying out this Indenture, during the continuance of an Event of Default, notwithstanding Section 11.2 hereof, be applied by the Trustee, on behalf of the County, to the payment of interest and principal or Redemption Price then due on Bonds, as follows:

(i) FIRST: To the payment to the Owners entitled thereto all installments of interest then due in the direct order of maturity of such installments, and, if the amount available shall not be sufficient to pay in full any installment, then to the payment thereof ratably, according to the amounts due on such installment, to the Owners entitled thereto, without any discrimination or preference; and (ii) SECOND: To the payment to the Owners entitled thereto of the unpaid principal of Outstanding Bonds, or Redemption Price of any Bonds which shall have become due, whether at maturity or by call for redemption, in the direct order of their due dates and, if the amounts available shall not be sufficient to pay in full all the Bonds due on any date, DRAFTthen to the payment thereof ratably, according to the amounts of principal or Redemption Price due and to the registered owners entitled thereto, without any discrimination or preference. Within ten days of receipt of such good and available funds, the Trustee may fix a record and payment date for any payment to be made to Owners pursuant to this Section 11.4.

(b) In the event funds are not adequate to cure any of the Events of Default described in Section 11.1, the available funds shall be allocated to the Bonds that are

50 4159-2822-8646.5 Outstanding in proportion to the quantity of Bonds that are currently due and in default under the terms of this Indenture.

(c) The restoration of the County to its prior position after any and all defaults have been cured, as provided in Section 11.3, shall not extend to or affect any subsequent default under this Indenture or impair any right consequent thereon.

Section 11.5. Effect of Waiver.

No delay or omission of the Trustee, or any Owner, to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or an acquiescence therein; and every power and remedy given by this Indenture to the Trustee or the Owners, respectively, may be exercised from time to time and as often as may be deemed expedient.

The Trustee, if previously directed in writing by Owners of at least a majority of the aggregate principal amount of the Bonds then Outstanding, shall waive any Event of Default hereunder and its consequences.

Section 11.6. Evidence of Ownership of Bonds.

(a) Any request, consent, revocation of consent or other instrument which this Indenture may require or permit to be signed and executed by the Owners of Bonds may be in one or more instruments of similar tenor, and shall be signed or executed by such Owners in person or by their attorneys duly appointed in writing. Proof of the execution of any such instrument, or of any instrument appointing any such attorney, or the holding by any Person of the Bonds shall be sufficient for any purpose of this Indenture (except as otherwise herein expressly provided) if made in the following manner:

(i) The fact and date of the execution of such instruments by any Owner of Bonds or the duly appointed attorney authorized to act on behalf of such Owner may be provided by a guarantee of the signature thereon by a bank or trust company or by the certificate of any notary public or other officer authorized to take acknowledgments of deeds, that the Person signing such request or other instrument acknowledged to him the execution thereof, or by an affidavit of a witness of such execution, duly sworn to before such notary public or other officer. Where such execution is by an officer of a corporation or association or a member of a partnership, on behalf of such corporation, association or partnership, such signature guarantee, certificate, or affidavit shall also constitute sufficient proof of his authority.

(ii) The ownership of Bonds and the amount, numbers and other identification and date of holding the same shall be proved by the Register. (b) ExceptDRAFT as otherwise provided in this Indenture with respect to revocation of a consent, any request or consent by an Owner of Bonds shall bind all future Owners of the same Bonds in respect of anything done or suffered to be done by the County or the Trustee in accordance therewith.

51 4159-2822-8646.5 Section 11.7. No Acceleration.

In the event of the occurrence of an Event of Default under Section 11.1 hereof, the right of acceleration of any Stated Maturity is not granted as a remedy hereunder and the right of acceleration under this Indenture is expressly denied.

Section 11.8. Mailing of Notice.

Any provision in this Article for the mailing of a notice or other document to Owners shall be fully complied with if it is mailed, first class postage prepaid, only to each Owner at the address appearing upon the Register.

Section 11.9. Exclusion of Bonds.

Bonds owned or held by or for the account of the County will not be deemed Outstanding for the purpose of consent or other action or any calculation of Outstanding Bonds provided for in this Indenture, and the County shall not be entitled with respect to such Bonds to give any consent or take any other action provided for in this Indenture.

Section 11.10. Remedies Not Exclusive.

No remedy herein conferred upon or reserved to the Trustee or to the Owners is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to any other remedy given hereunder or now or hereafter existing at law or in equity, by statute or by contract.

Section 11.11. Direction by Owners.

Anything herein to the contrary notwithstanding, the Owners of at least a majority of the aggregate principal amount of the Bonds Outstanding shall have the right by an instrument in writing executed and delivered to the Trustee, to direct the choice of remedies and the time, method and place of conducting any proceeding for any remedy available to the Trustee hereunder, under each Supplemental Indenture or otherwise, or exercising any trust or power conferred upon the Trustee, including the power to direct or withhold directions with respect to any remedy available to the Trustee or the Owners, provided, (i) such direction shall not be otherwise than in accordance with law and the provisions hereof, (ii) that the Trustee may take any other action deemed proper by the Trustee which is not inconsistent with such direction, and (iii) that the Trustee shall have the right to decline to follow any such direction which in the opinion of the Trustee would be unjustly prejudicial to Owners not parties to such direction.

ARTICLE XII DRAFTGENERAL COVENANTS AND REPRESENTATIONS Section 12.1. Representations as to Trust Estate.

(a) The County represents and warrants that it is authorized by Applicable Laws to authorize and issue the Bonds, to execute and deliver this Indenture and to pledge the Trust Estate in the manner and to the extent provided in this Indenture, and that the Pledged Revenues and the Trust Estate are and will be and remain free and clear of any pledge, lien,

52 4159-2822-8646.5 charge, or encumbrance thereon or with respect thereto prior to, or of equal rank with, the pledge and lien created in or authorized by this Indenture except as expressly provided herein.

(b) The County shall at all times, to the extent permitted by Applicable Laws, defend, preserve and protect the pledge of the Trust Estate and all the rights of the Owners and the Trustee, under this Indenture against all claims and demands of all Persons whomsoever.

(c) The County will take all steps reasonably necessary and appropriate, and will direct the Trustee to take all steps reasonably necessary and appropriate, to collect all delinquencies in the collection of the Special Assessments and any other amounts pledged to the payment of the Bonds to the fullest extent permitted by the PID Act and other Applicable Laws.

(d) To the extent permitted by law, notice of the Annual Installments shall be sent by, or on behalf of the County, to the affected property owners on the same statement or such other mechanism that is used by the County, so that such Annual Installments are collected simultaneously with ad valorem taxes and shall be subject to the same penalties, procedures, and foreclosure sale in case of delinquencies as are provided for ad valorem taxes of the County.

Section 12.2. Accounts, Periodic Reports and Certificates.

The Trustee shall keep or cause to be kept proper books of record and account (separate from all other records and accounts) in which complete and correct entries shall be made of its transactions relating to the Funds and Accounts established by this Indenture and which shall at all times be subject to inspection by the County, and the Owner or Owners of not less than 10% in principal amount of any Bonds then Outstanding or their representatives duly authorized in writing.

Section 12.3. General.

The County shall do and perform or cause to be done and performed all acts and things required to be done or performed by or on behalf of the County under the provisions of this Indenture.

ARTICLE XIII

SPECIAL COVENANTS

Section 13.1. Further Assurances; Due Performance.

(a) At any and all times the County will duly execute, acknowledge and deliver, or will cause to be done,DRAFT executed and delivered, all and every such further acts, conveyances, transfers, and assurances in a manner as the Trustee shall reasonably require for better conveying, transferring, pledging, and confirming unto the Trustee, all and singular, the revenues, Funds, Accounts and properties constituting the Pledged Revenues, and the Trust Estate hereby transferred and pledged, or intended so to be transferred and pledged.

53 4159-2822-8646.5 (b) The County will duly and punctually keep, observe and perform each and every term, covenant and condition on its part to be kept, observed and performed, contained in this Indenture.

Section 13.2. Additional Obligations or Other Liens.

(a) The County reserves the right to issue Additional Obligations under other indentures, assessment orders, or similar agreements or other obligations which do not constitute or create a lien on any portion of the Trust Estate and are not payable from Pledged Revenues or any other portion of the Trust Estate.

(b) Other than Refunding Bonds, the County will not create or voluntarily permit to be created any debt, lien or charge on the Trust Estate, and will not do or omit to do or suffer to be or omitted to be done any matter or things whatsoever whereby the lien of this Indenture or the priority hereof might or could be lost or impaired; and further covenants that it will pay or cause to be paid or will make adequate provisions for the satisfaction and discharge of all lawful claims and demands which if unpaid might by law be given precedence over or any equality with this Indenture as a lien or charge upon the Trust Estate; provided, however, that nothing in this Section shall require the County to apply, discharge, or make provision for any such lien, charge, claim, or demand so long as the validity thereof shall be contested by it in good faith, unless thereby, in the opinion of Bond Counsel or counsel to the Trustee, the same would endanger the security for the Bonds.

(c) Additionally, the County has reserved the right to issue bonds or other obligations secured by and payable from Pledged Revenues so long as such pledge is subordinate to the pledge of the Pledged Revenues securing payment of the Bonds.

(d) Notwithstanding anything to the contrary herein, no Refunding Bonds or subordinate obligations described by Section 13.2(c) above may be issued by the County unless: (1) the principal (including any principal amounts to be redeemed on a mandatory sinking fund redemption date) of such Refunding Bonds or subordinate obligations are scheduled to mature on September 15 of the years in which principal is scheduled to mature and (2) the interest on such Refunding Bonds or subordinate obligations must be scheduled to be paid on March 15 and/or September 15 of the years in which interest is scheduled to be paid.

Section 13.3. Books of Record.

(a) The County shall cause to be kept full and proper books of record and accounts, in which full, true and proper entries will be made of all dealing, business and affairs of the County, which relate to the Trust Estate and the Bonds.

(b) The Trustee shall have no responsibility with respect to the financial and other information receivedDRAFT by it pursuant to this Section 13.3 except to receive and retain same, subject to the Trustee’s document retention policies, and to distribute the same in accordance with the provisions of this Indenture. Specifically, but without limitation, the Trustee shall have no duty to review such information, is not considered to have notice of the contents of such information or a default based on such contents, and has no duty to verify the accuracy of such information.

54 4159-2822-8646.5 ARTICLE XIV

PAYMENT AND CANCELLATION OF THE BONDS AND SATISFACTION OF THE INDENTURE

Section 14.1. Trust Irrevocable.

The trust created by the terms and provisions of this Indenture is irrevocable until the Bonds secured hereby are fully paid or provision is made for their payment as provided in this Article.

Section 14.2. Satisfaction of Indenture.

If the County shall pay or cause to be paid, or there shall otherwise be paid to the Owners, principal of and interest on all of the Bonds, at the times and in the manner stipulated in this Indenture, and all amounts due and owing with respect to the Bonds have been paid or provided for, then the pledge of the Trust Estate and all covenants, agreements, and other obligations of the County to the Owners of such Bonds, shall thereupon cease, terminate, and become void and be discharged and satisfied. In such event, the Trustee shall execute and deliver to the County copies of all such documents as it may have evidencing that principal of and interest on all of the Bonds has been paid so that the County may determine if the Indenture is satisfied; if so, the Trustee shall pay over or deliver all moneys held by it in the in Funds and Accounts held hereunder to the Person entitled to receive such amounts, or, if no Person is entitled to receive such amounts, then to the County.

Section 14.3. Bonds Deemed Paid. All Outstanding Bonds shall, prior to the Stated Maturity or redemption date thereof, be deemed to have been paid and to no longer be deemed Outstanding if (i) in case any such Bonds are to be redeemed on any date prior to their Stated Maturity, the Trustee shall have given notice of redemption on said date as provided herein, (ii) there shall have been deposited with the Trustee either moneys in an amount which shall be sufficient, or Defeasance Securities the principal of and the interest on which when due will provide moneys which, together with any moneys deposited with the Trustee at the same time, shall be sufficient to pay when due the principal of and interest on of the Bonds to become due on such Bonds on and prior to the redemption date or maturity date thereof, as the case may be, (iii) the Trustee shall have received a report by an independent certified public accountant selected by the County verifying the sufficiency of the moneys or Defeasance Securities deposited with the Trustee to pay when due the principal of and interest on of the Bonds to become due on such Bonds on and prior to the redemption date or maturity date thereof, as the case may be, and (iv) if the Bonds are then rated, the Trustee shall have received written confirmation from each rating agency that such deposit will not result in the reduction or withdrawal of the rating on the Bonds. Neither Defeasance Securities nor moneys deposited with the Trustee pursuant to this Section nor principal or interest paymentsDRAFT on any such Defeasance Securities shall be withdrawn or used for any purpose other than, and shall be held in trust for, the payment of the principal of and interest on the Bonds. Any cash received from such principal of and interest on such Defeasance Securities deposited with the Trustee, if not then needed for such purpose, shall, be reinvested in Defeasance Securities as directed in writing by the County maturing at times and in amounts sufficient to pay when due the principal of and interest on the Bonds on and prior to such redemption date or maturity date thereof, as the case may be. Any payment for Defeasance Securities purchased for the purpose of reinvesting cash as aforesaid shall be made only against delivery of such Defeasance Securities.

55 4159-2822-8646.5 ARTICLE XV

MISCELLANEOUS

Section 15.1. Benefits of Indenture Limited to Parties.

Nothing in this Indenture, expressed or implied, is intended to give to any Person other than the County, the Trustee and the Owners, any right, remedy, or claim under or by reason of this Indenture. Any covenants, stipulations, promises or agreements in this Indenture by and on behalf of the County shall be for the sole and exclusive benefit of the Owners and the Trustee.

Section 15.2. Successor is Deemed Included in All References to Predecessor.

Whenever in this Indenture or any Supplemental Indenture either the County or the Trustee is named or referred to, such reference shall be deemed to include the successors or assigns thereof, and all the covenants and agreements in this Indenture contained by or on behalf of the County or the Trustee shall bind and inure to the benefit of the respective successors and assigns thereof whether so expressed or not.

Section 15.3. Execution of Documents and Proof of Ownership by Owners.

Any request, declaration, or other instrument which this Indenture may require or permit to be executed by Owners may be in one or more instruments of similar tenor, and shall be executed by Owners in person or by their attorneys duly appointed in writing.

Except as otherwise herein expressly provided, the fact and date of the execution by any Owner or his attorney of such request, declaration, or other instrument, or of such writing appointing such attorney, may be proved by the certificate of any notary public or other officer authorized to take acknowledgments of deeds to be recorded in the state in which he purports to act, that the Person signing such request, declaration, or other instrument or writing acknowledged to him the execution thereof, or by an affidavit of a witness of such execution, duly sworn to before such notary public or other officer.

Except as otherwise herein expressly provided, the ownership of registered Bonds and the amount, maturity, number, and date of holding the same shall be proved by the Register.

Any request, declaration or other instrument or writing of the Owner of any Bond shall bind all future Owners of such Bond in respect of anything done or suffered to be done by the County or the Trustee in good faith and in accordance therewith.

Section 15.4. Waiver of Personal Liability.

No member, officer, agent, or employee of the County shall be individually or personally liable for the paymentDRAFT of the principal of, or interest or any premium on, the Bonds; but nothing herein contained shall relieve any such member, officer, agent, or employee from the performance of any official duty provided by law.

Section 15.5. Notices to and Demands on County and Trustee.

(a) Except as otherwise expressly provided in this Indenture, all notices or other instruments required or permitted under this Indenture, including any County Certificate, shall

56 4159-2822-8646.5 be in writing and shall be delivered by hand, mailed by first-class mail, postage prepaid, or transmitted by facsimile or e-mail and addressed as follows:

If to the County: Hays County Government Center 712 S. Stagecoach Trail, Suite 1071 San Marcos, Texas 78666 Attn: County Auditor Email: [email protected] Fax: (512) 393-2283

With a copy to: Office of General Counsel Hays County Courthouse 111 E. San Antonio Street, Suite 202 San Marcos, Texas 78666 Attn: Assistant General Counsel Email: [email protected] Fax: (512) 393-2219

If to the Trustee BOKF, NA or the Paying Agent/Registrar: 1401 McKinney, Suite 1000 Houston, Texas 77010 Attn: Rosalyn Davis, Vice President Email: [email protected] Fax: (713) 289-5829

Any such notice, demand, or request may also be transmitted to the appropriate party by telephone and shall be deemed to be properly given or made at the time of such transmission if, and only if, such transmission of notice shall be confirmed in writing and sent as specified above.

Any of such addresses may be changed at any time upon written notice of such change given to the other party by the party effecting the change. Notices and consents given by mail in accordance with this Section shall be deemed to have been given five Business Days after the date of dispatch; notices and consents given by any other means shall be deemed to have been given when received.

(b) The Trustee shall mail to each Owner of a Bond notice of (i) any substitution of the Trustee; or (ii) the redemption or defeasance of all Bonds Outstanding.

(c) The parties agree that the transaction described herein may be conducted and related documents may be stored by electronic means. Copies, telecopies, facsimiles, electronic files, and DRAFTother reproductions of original executed documents shall be deemed to be authentic and valid counterparts of such original documents for all purposes, including the filing of any claim, action, or suit in the appropriate court of law. The Trustee agrees to accept and act upon instructions or directions pursuant to this Indenture sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods, provided, however, that the County shall provide to the Trustee an incumbency certificate listing designated persons authorized to provide such instructions, which incumbency certificate shall be amended whenever a person is to be added or deleted from the listing. If the County elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic method) and the

57 4159-2822-8646.5 Trustee in its sole discretion elects to act upon such instructions, the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a previous or subsequent written instruction. The County agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk of interception and misuse by third parties.

Section 15.6. Partial Invalidity.

If any Section, paragraph, sentence, clause, or phrase of this Indenture shall for any reason be held illegal or unenforceable, such holding shall not affect the validity of the remaining portions of this Indenture. The County hereby declares that it would have adopted this Indenture and each and every other Section, paragraph, sentence, clause, or phrase hereof and authorized the issue of the Bonds pursuant thereto irrespective of the fact that any one or more Sections, paragraphs, sentences, clauses, or phrases of this Indenture may be held illegal, invalid, or unenforceable.

Section 15.7. Applicable Laws.

This Indenture shall be governed by and enforced in accordance with the laws of the State of Texas applicable to contracts made and performed in the State of Texas.

Section 15.8. Payment on Business Day.

In any case where the date of the maturity of interest or of principal (and premium, if any) of the Bonds or the date fixed for redemption of any Bonds or the date any action is to be taken pursuant to this Indenture is other than a Business Day, the payment of interest or principal (and premium, if any) or the action need not be made on such date but may be made on the next succeeding day that is a Business Day with the same force and effect as if made on the date required and no interest shall accrue for the period from and after such date.

Section 15.9. Counterparts.

This Indenture may be executed in counterparts, each of which shall be deemed an original.

Section 15.10. No Boycott of Israel.

The Trustee hereby verifies that it and its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, do not boycott Israel and, to the extent this Indenture with the County is a contract for goods or services, will not boycott Israel during the term thereof. The foregoingDRAFT verification is made solely to comply with Section 2271.002, Texas Government Code, as amended, and to the extent such section does not contravene applicable federal law. As used in the foregoing verification, “boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. The Trustee understands “affiliate” to

58 4159-2822-8646.5 mean an entity that controls, is controlled by, or is under common control with the Trustee and exists to make a profit.

Section 15.11. Iran, Sudan, and Foreign Terrorist Organizations.

The Trustee represents that neither it nor any of its parent company, wholly- or majority- owned subsidiaries, and other affiliates is a company identified on a list prepared and maintained by the Texas Comptroller of Public Accounts under Section 2252.153 or Section 2270.0201, Texas Government Code, and posted on any of the following pages of such officer’s internet website: https://comptroller.texas.gov/purchasing/docs/sudan-list.pdf, https://comptroller.texas.gov/purchasing/docs/iran-list.pdf, or https://comptroller.texas.gov/purchasing/docs/fto-list.pdf.

The foregoing representation is made solely to comply with Section 2252.152, Texas Government Code, and to the extent such Section does not contravene applicable Federal law and excludes the Trustee and each of its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, that the United States government has affirmatively declared to be excluded from its federal sanctions regime relating to Sudan or Iran or any federal sanctions regime relating to a foreign terrorist organization. The Trustee understands “affiliate” to mean any entity that controls, is controlled by, or is under common control with the Trustee and exists to make a profit.

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DRAFT

59 4159-2822-8646.5 IN WITNESS WHEREOF, the County and the Trustee have caused this Indenture of Trust to be executed all as of the date hereof.

HAYS COUNTY, TEXAS

By: ______, County Judge Attest:

______County Clerk

[SEAL OF COMMISSIONERS COURT]

BOKF, NA as Trustee

By: ______DRAFT Authorized Officer

Signature Page to Indenture of Trust Relating to HAYS COUNTY, TEXAS SPECIAL ASSESSMENT REVENUE BONDS, SERIES 2020 (LA CIMA PUBLIC IMPROVEMENT DISTRICT NEIGHBORHOOD IMPROVEMENT AREAS #1-2 PROJECT)

4159-2822-8646.5 EXHIBIT A

(a) Form of Bond.

NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE STATE OF TEXAS, THE COUNTY, OR ANY OTHER POLITICAL CORPORATION, SUBDIVISION OR AGENCY THEREOF, IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THIS BOND.

REGISTERED REGISTERED

No. ______$______

United States of America State of Texas

HAYS COUNTY, TEXAS SPECIAL ASSESSMENT REVENUE BOND, SERIES 2020 (LA CIMA PUBLIC IMPROVEMENT DISTRICT NEIGHBORHOOD IMPROVEMENT AREAS #1-2 PROJECT)

INTEREST RATE MATURITY DATE DATE OF DELIVERY CUSIP NUMBER ______% September 15, 20______

The Hays County, Texas (the “County”), for value received, hereby promises to pay, solely from the Trust Estate, to

______or registered assigns, on the Maturity Date, as specified above, the sum of

______DOLLARS unless this Bond shall have been sooner called for redemption and the payment of the principal hereof shall have been paid or provision for such payment shall have been made, and to pay interest on the unpaid principal amount hereof from the later of the Date of Delivery, as specified above, or the most recent Interest Payment Date to which interest has been paid or provided for until such principal amount shall have been paid or provided for, at the per annum rate of interest specified above, computed on the basis of a 360-day year of twelve 30-day months, such interest to be paid semiannually on March 15 and September 15 of each year, commencing March 15,DRAFT 2021, until maturity or prior redemption. Capitalized terms appearing herein that are defined terms in the Indenture, and not otherwise defined below, have the meanings assigned to them in the Indenture. Reference is made to the Indenture for such definitions and for all other purposes. The principal of this Bond shall be payable without exchange or collection charges in lawful money of the United States of America upon presentation and surrender of this Bond at the corporate trust office in Houston, Texas (the “Designated Payment/Transfer Office”), of

A-1 4159-2822-8646.5 BOKF, NA, as trustee and paying agent/registrar (the “Trustee”, which term includes any successor trustee under the Indenture), or, with respect to a successor trustee and paying agent/registrar, at the Designated Payment/Transfer Office of such successor. Interest on this Bond is payable by check dated as of the Interest Payment Date, mailed by the Trustee to the registered owner at the address shown on the registration books kept by the Trustee or by such other customary banking arrangements acceptable to the Trustee, requested by, and at the risk and expense of, the Person to whom interest is to be paid. For the purpose of the payment of interest on this Bond, the registered owner shall be the Person in whose name this Bond is registered at the close of business on the “Record Date,” which shall be the close of business on the last calendar day (whether or not a Business Day) of the month next preceding such Interest Payment Date; provided, however, that in the event of nonpayment of interest on a scheduled Interest Payment Date, and for 30 days thereafter, a new record date for such interest payment (a “Special Record Date”) will be established by the Trustee, if and when funds for the payment of such interest have been received from the County. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the “Special Payment Date,” which shall be 15 days after the Special Record Date) shall be sent at least five Business Days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each Owner of a Bond appearing on the books of the Trustee at the close of business on the last Business Day preceding the date of mailing such notice. If a date for the payment of the principal of or interest on the Bonds is a Saturday, Sunday, legal holiday, or a day on which banking institutions in the city in which the Designated Payment/Transfer Office is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding Business Day, and payment on such date shall have the same force and effect as if made on the original date payment was due. This Bond is one of a duly authorized issue of assessment revenue bonds of the County having the designation specified in its title (herein referred to as the “Bonds”), dated November 1, 2020 issued in the aggregate principal amount of $______and issued, with the limitations described herein, pursuant to an Indenture of Trust, dated as of November 1, 2020 (the “Indenture”), by and between the County and the Trustee, to which Indenture reference is hereby made for a description of the amounts thereby pledged and assigned, the nature and extent of the lien and security, the respective rights thereunder to the Owners of the Bonds, the Trustee, and the County, and the terms upon which the Bonds are, and are to be, authenticated and delivered and by this reference to the terms of which each Owner of this Bond hereby consents. All Bonds issued under the Indenture are equally and ratably secured by the amounts thereby pledged and assigned. The Bonds are being issued for the purpose of (i) paying a portion of the Actual Costs of the NIA #1-2 Improvements, (ii) funding a reserve fund for payment of principal and interest on the Bonds, and (iii) paying costs of issuance. The Bonds are special, limited obligations of the County payable solely from the Trust Estate as defined in the Indenture. Reference is hereby made to the Indenture, copies of which are on file with and available upon request from the Trustee, for the provisions, among others, with respect to the nature and extent of the duties and obligations of the County, the Trustee and the Owners. TheDRAFT Owner of this Bond, by the acceptance hereof, is deemed to have agreed and consented to the terms, conditions and provisions of the Indenture.

Notwithstanding any provision hereof, the Indenture may be released and the obligation of the County to make money available to pay this Bond may be defeased by the deposit of money and/or certain direct or indirect Defeasance Securities sufficient for such purpose as described in the Indenture.

A-2 4159-2822-8646.5 The Bonds are issuable as fully registered bonds only in Authorized Denominations, subject to the provisions of the Indenture authorizing redemption in denominations of $25,000 and any multiple of $5,000 in excess thereof.

The Bonds are subject to mandatory sinking fund redemption (“Mandatory Sinking Fund Redemption”) prior to their Stated Maturity and will be redeemed by the County in part at the Redemption Price from moneys available for such purpose in the Principal and Interest Account pursuant to Article VI of the Indenture, on the dates and in the Sinking Fund Installment as set forth in the following schedule:

$______Bonds Maturing September 15, 20__

Redemption Date Sinking Fund Installment September 15, 20__ September 15, 20__ September 15, 20__ September 15, 20__*

* Stated maturity.

At least 45 days prior to each mandatory sinking fund redemption date, and subject to any prior reduction authorized by the Indenture, the Trustee shall select for redemption by lot, a principal amount of Bonds of such maturity equal to the Sinking Fund Installment of such Bonds to be redeemed, shall call such Bonds for redemption on such scheduled mandatory sinking fund redemption date, and shall give notice of such redemption, as provided in the Indenture.

The Sinking Fund Installments of Bonds required to be redeemed on any mandatory sinking fund redemption date shall be reduced, at the option of the County, by the principal amount of any Bonds of such maturity which, at least 45 days prior to the mandatory sinking fund redemption date shall have been acquired by the County at a price not exceeding the principal amount of such Bonds plus accrued unpaid interest to the date of purchase thereof, and delivered to the Trustee for cancellation.

The Sinking Fund Installments of Bonds required to be redeemed on any mandatory sinking fund redemption date shall be reduced a pro rata basis among Sinking Fund Installments by the principal amount of any Bonds which, at least 45 days prior to the mandatory sinking fund redemption date, shall have been redeemed pursuant to the optional redemption provisions or the extraordinary optional redemption provisions, each as described below, and not previously credited to a Mandatory Sinking Fund Redemption.

The County reserves the right and option to redeem Bonds maturing on or after September 15, 20__ before their scheduled maturity dates, in whole or in part, on any date on or after September 15, 20__, such redemption date or dates to be fixed by the County, at the Redemption Price (“OptionalDRAFT Redemption”). Bonds are subject to extraordinary optional redemption prior to maturity in whole or in part, on the first day of any month, at a Redemption Price from amounts on deposit in the Redemption Fund as a result of Prepayments or any other transfers to the Redemption Fund pursuant to the Indenture (“Extraordinary Optional Redemption”). If less than all of the Bonds are to be redeemed, Bonds shall be redeemed in minimum principal amounts of $5,000 or any integral thereof. Each Bond shall be treated as representing

A-3 4159-2822-8646.5 the number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000. No redemption shall result in a Bond in a denomination of less than the Authorized Denomination in effect at that time; provided, however, if the amount of the Outstanding Bond is less than an Authorized Denomination after giving effect to such partial redemption, a Bond in the principal amount equal to the unredeemed portion, but not less than $5,000, may be issued. In selecting the Bonds to be redeemed in connection with a Mandatory Sinking Fund Redemption, the Trustee may select Bonds in any method that results in a random selection. In selecting the Bonds to be redeemed in connection with an Optional Redemption, the Trustee may rely on the directions provided in a City Order. If less than all of the Bonds are called for Extraordinary Optional Redemption, the Bonds or portion of a Bond, as applicable, to be redeemed shall be selected in the following manner: (i) with respect to a Substantial Amount Redemption (as defined in the Indenture), the principal amount called for redemption shall be allocated on a pro rata basis among all Outstanding Bonds; and

(ii) with respect to a Minor Amount Redemption (as defined in the Indenture), the Outstanding Bonds or Bonds, as applicable, shall be redeemed in inverse order of maturity.

The Trustee shall give notice of any redemption of Bonds by sending notice by United States mail, first-class, postage prepaid, not less than 30 days before the date fixed for redemption, to the Owner of each Bond (or part thereof) to be redeemed, at the address shown on the Register. The notice shall state the redemption date, the Redemption Price, the place at which the Bonds are to be surrendered for payment, and, if less than all the Bonds Outstanding are to be redeemed, an identification of the Bonds or portions thereof to be redeemed, any conditions to such redemption and that on the redemption date, if all conditions, if any, to such redemption have been satisfied, such Bond shall become due and payable. Any notice so given shall be conclusively presumed to have been duly given, whether or not the Owner receives such notice. The County has the right to rescind any optional redemption or extraordinary optional redemption by written notice to the Trustee on or prior to the date fixed for redemption. Any notice of redemption shall be cancelled and annulled if for any reason funds are not available on the date fixed for redemption for the payment in full of the Bonds then called for redemption, and such cancellation shall not constitute an Event of Default under the Indenture. The Trustee shall mail notice of rescission of redemption in the same manner notice of redemption was originally provided. With respect to any optional redemption of the Bonds, unless the Trustee has received funds sufficient to pay the Redemption Price of the Bonds to be redeemed before giving of a notice of redemption, the notice may state the County may condition redemption on the receipt of such funds by the Trustee on or before the date fixed for the redemption, or on the satisfaction of any otherDRAFT prerequisites set forth in the notice of redemption. If a conditional notice of redemption is given and such prerequisites to the redemption are not satisfied and sufficient funds are not received, the notice shall be of no force and effect, the County shall not redeem the Bonds and the Trustee shall give notice, in the manner in which the notice of redemption was given, that the Bonds have not been redeemed. The Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the County and the rights of the Owners of the Bonds under the Indenture at any time Outstanding affected by such

A-4 4159-2822-8646.5 modification. The Indenture also contains provisions permitting the Owners of specified percentages in aggregate principal amount of the Bonds at the time Outstanding, on behalf of the Owners of all the Bonds, to waive compliance by the County with certain past defaults under the Bond Order or the Indenture and their consequences. Any such consent or waiver by the Owner of this Bond or any predecessor Bond evidencing the same debt shall be conclusive and binding upon such Owner and upon all future Owners thereof and of any Bond issued upon the transfer thereof or in exchange therefor or in lieu thereof, whether or not notation of such consent or waiver is made upon this Bond. As provided in the Indenture, this Bond is transferable upon surrender of this Bond for transfer at the Designated Payment/Transfer Office, with such endorsement or other evidence of transfer as is acceptable to the Trustee, and upon delivery to the Trustee of such certifications and/or opinion of counsel as may be required under the Indenture for the transfer of this Bond. Upon satisfaction of such requirements, one or more new fully registered Bonds of the same Stated Maturity, of Authorized Denominations, bearing the same rate of interest, and for the same aggregate principal amount will be issued to the designated transferee or transferees. Neither the County nor the Trustee shall be required to issue, transfer or exchange any Bond called for redemption where such redemption is scheduled to occur within 45 calendar days of the date fixed for redemption; provided, however, such limitation shall not be applicable to an exchange by the registered owner of the uncalled principal balance of a Bond. The County, the Trustee, and any other Person may treat the Person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except interest shall be paid to the Person in whose name this Bond is registered on the Record Date or Special Record Date, as applicable) and for all other purposes, whether or not this Bond be overdue, and neither the County nor the Trustee shall be affected by notice to the contrary.

The County reserved the right to issue Refunding Bonds and Additional Obligations on the terms and conditions specified in the Indenture. NEITHER THE FULL FAITH AND CREDIT NOR THE GENERAL TAXING POWER OF THE COUNTY, THE CITY OF SAN MARCOS, TEXAS, THE STATE OF TEXAS, OR ANY POLITICAL SUBDIVISION THEREOF, IS PLEDGED TO THE PAYMENT OF THE BONDS. IT IS HEREBY CERTIFIED AND RECITED that the issuance of this Bond and the series of which it is a part is duly authorized by law; that all acts, conditions and things required to be done precedent to and in the issuance of the Bonds have been properly done and performed and have happened in regular and due time, form and manner, as required by law; and that the total indebtedness of the County, including the Bonds, does not exceed any Constitutional or statutory limitation. IN WITNESS WHEREOF, the Commissioners Court of the County has caused this Bond to be executed underDRAFT the official seal of the County. ______County Judge, Hays County, Texas

______County Clerk, Hays County, Texas

[County Seal]

A-5 4159-2822-8646.5 (b) Form of Comptroller’s Registration Certificate.

The following Registration Certificate of Comptroller of Public Accounts shall appear on the Initial Bond:

REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS

OFFICE OF THE COMPTROLLER § OF PUBLIC ACCOUNTS § REGISTER NO.______§ THE STATE OF TEXAS §

I HEREBY CERTIFY THAT there is on file and of record in my office a certificate to the effect that the Attorney General of the State of Texas has approved this Bond, and that this Bond has been registered this day by me.

WITNESS MY SIGNATURE AND SEAL OF OFFICE this ______

______Comptroller of Public Accounts of the State of Texas

[SEAL]

CERTIFICATE OF TRUSTEE

It is hereby certified that this is one of the Bonds of the series of Bonds referred to in the within mentioned Indenture.

BOKF, NA as Trustee DATED: ______

By:______Authorized Signatory

(d) FormDRAFT of Assignment.

ASSIGNMENT

FOR VALUE RECEIVED, the undersigned hereby sells, assigns, and transfers unto (print or typewrite name, address and zip code of transferee): ______

A-6 4159-2822-8646.5 ______

(Social Security or other identifying number: ______) the within Bond and all rights hereunder and hereby irrevocably constitutes and appoints ______attorney to transfer the within Bond on the books kept for registration hereof, with full power of substitution in the premises.

Date: ______

Signature Guaranteed By: NOTICE: The signature on this Assignment must correspond with the name of the ______registered owner as it appears on the face of the within Bond in every particular and must be ______guaranteed in a manner acceptable to the Trustee. Authorized Signatory

(e) The Initial Bond shall be in the form set forth in paragraphs (a) through (d) of this Exhibit A, except for the following alterations:

(i) immediately under the name of the Bond the heading “INTEREST RATE” and “MATURITY DATE” shall both be completed with the expression “As Shown Below,” and the reference to the “CUSIP NUMBER” shall be deleted;

(ii) in the first paragraph of the Bond, the words “on the Maturity Date as specified above, the sum of ______DOLLARS” shall be deleted and the following will be inserted: “on September 15 in each of the years, in the principal amounts and bearing interest at the per annum rates set forth in the following schedule:

Years Principal Amount Interest Rates”

(Information to be inserted from Section 3.2(c) hereof); and

(iii) the Initial Bond shall be numbered T-1. DRAFT

A-7 4159-2822-8646.5 EXHIBIT B

Form of Certificate for Payment

FORM OF CERTIFICATION FOR PAYMENT La Cima

______(“Construction Manager”) hereby requests payment of the Actual Cost of the work (the “Draw Actual Costs”) described in Attachment A attached hereto. Capitalized undefined terms shall have the meanings ascribed thereto in the Indenture of Trust between Hays County, Texas (the “County”) and BOKF, NA, dated as of November 1, 2020 (the “Indenture”). In connection with this Certification for Payment, the undersigned, in his or her capacity as the ______of Construction Manager, to his or her knowledge, hereby represents and warrants to the County as follows:

1. He (she) is a duly authorized representative of Construction Manager, qualified to execute this request for payment on behalf of the Construction Manager and knowledgeable as to the matters forth herein.

2. The work described in Attachment A has been completed in the percentages stated therein.

3. The true and correct Draw Actual Costs for which payment is requested is set forth in Attachment A and payment for such requested amounts and purposes has not been subject to any previously submitted request for payment

4. Attached hereto as Attachment B is a true and correct copy of a bills paid affidavit evidencing that any contractor or subcontractor having performed work described in Attachment A has been paid in full for all work completed through the previous Certification for Payment.

5. Attached hereto as Attachment C are invoices, receipts, worksheets and other evidence of costs which are in sufficient detail to allow the County to verify the Draw Actual Costs for which payment is requested. DRAFT[Signature page follows]

B-1 4159-2822-8646.5 SIGNATURE PAGE TO FORM OF CERTIFICATION FOR PAYMENT

Date:______

[Construction Manager Signature Block to be added]

DRAFT

B-2 4159-2822-8646.5 JOINDER OF PROJECT ENGINEER

The undersigned Project Engineer joins this Certification for Payment solely for the purposes of certifying that the representations made by Construction Manager in Paragraph 2 above are true and correct in all material respects.

______Project Engineer

DRAFT

B-3 4159-2822-8646.5 APPROVAL BY THE COUNTY

The Draw Actual Costs of each Segment described in Attachment A has been reviewed, verified and approved by the County Construction Representative. Payment of the Draw Actual Costs of each Segment are hereby approved.

HAYS COUNTY, TEXAS

By:______

Date:______

DRAFT

B-4 4159-2822-8646.5 ATTACHMENT A TO CERTIFICATION OF PAYMENT

Total Actual Costs of Total Actual Costs of Description of Work Neighborhood Neighborhood Completed under this Improvement Area #1 Improvement Area #2 Segment Certification for Payment Improvements Improvements $ $

DRAFT

B-5 4159-2822-8646.5 ATTACHMENT B TO CERTIFICATION OF PAYMENT

[attached — bills paid affidavit]

DRAFT

B-6 4159-2822-8646.5 ATTACHMENT C TO CERTIFICATION OF PAYMENT

[attached — receipts]

DRAFT

B-7 4159-2822-8646.5 EXHIBIT B

BOND PURCHASE AGREEMENT

DRAFT

B-1 4151-7977-3474.1 $[PAR AMOUNT] HAYS COUNTY, TEXAS, SPECIAL ASSESSMENT REVENUE BONDS, SERIES 2020 (LA CIMA PUBLIC IMPROVEMENT DISTRICT NEIGHBORHOOD IMPROVEMENT AREAS #1-2 PROJECT)

BOND PURCHASE AGREEMENT

October 20, 2020

Hays County, Texas 712 South Stagecoach Trail, Suite 1071 San Marcos, Texas 78666

Ladies and Gentlemen:

The undersigned, FMSbonds, Inc. (the “Underwriter”), offers to enter into this Bond Purchase Agreement (this “Agreement”) with Hays County, Texas (the “County”), which will be binding upon the County and the Underwriter upon the acceptance of this Agreement by the County. This offer is made subject to its acceptance by the County by execution of this Agreement and its delivery to the Underwriter on or before 10:00 p.m., Central Time, on the date hereof and, if not so accepted, will be subject to withdrawal by the Underwriter upon written notice delivered to the County at any time prior to the acceptance hereof by the County. All capitalized terms not otherwise defined herein shall have the meanings given to such terms in the Indenture (defined herein) between the County and BOKF, NA, a national banking association, as trustee (the “Trustee”), authorizing the issuance of the Bonds (defined herein), and in the Limited Offering Memorandum (defined herein).

1. Purchase and Sale of Bonds. Upon the terms and conditions and upon the basis of representations, warranties, and agreements hereinafter set forth, the Underwriter hereby agrees to purchase from the County, and the County hereby agrees to sell to the Underwriter, all (but not less than all) of the $[PAR AMOUNT] aggregate principal amount of the “Hays County, Texas, Special Assessment Revenue Bonds, Series 2020 (La Cima Public Improvement District Neighborhood Improvement Areas #1-2 Project)” (the “Bonds”), at a purchase price of $______(representingDRAFT the aggregate principal amount of the Bonds, less an Underwriter’s discount of $______).

Inasmuch as this purchase and sale represents a negotiated transaction, the County understands, and hereby confirms, that the Underwriter is not acting as a municipal advisor or fiduciary of the County (including, without limitation, a Municipal Advisor (as such term is defined in Section 975(e) of the Dodd Frank Wall Street Reform and Consumer Protection Act)), but rather is acting solely in its capacity as Underwriter for its own account. The County acknowledges and agrees that (i) the purchase and sale of the Bonds pursuant to this Agreement is an arm’s length commercial transaction between the County and the Underwriter, (ii) in connection therewith and with the discussions, undertakings, and procedures leading up to the consummation of this transaction, the Underwriter is and has been acting solely as a principal and is not acting as the agent, municipal advisor, financial advisor, or fiduciary of the County, (iii) the Underwriter has not assumed an advisory or fiduciary responsibility in favor of the County with respect to the offering described herein or the discussions, undertakings, and procedures leading thereto (regardless of whether the Underwriter has provided other services or is currently providing other services to the County on other matters) and the Underwriter has no obligation to the County with respect to the offering described herein except the obligations expressly set forth in this Agreement, (iv) the County has consulted its own legal, financial and other advisors to the extent it has deemed appropriate, (v) the Underwriter has financial and other interests that differ from those of the County, and (vi) the Underwriter has provided to the County prior disclosures under Rule G-17 of the Municipal Securities Rulemaking Board (MSRB), which have been received by the County. The County further acknowledges and agrees that following the issuance and delivery of the Bonds, the Underwriter has indicated that it may have periodic discussions with the County regarding the expenditure of Bond proceeds and the construction of the NIA #1-2 Improvements financed with the Bonds and, in connection with such discussions, the Underwriter shall be acting solely as a principal and will not be acting as the agent or fiduciary of, and will not be assuming an advisory or fiduciary responsibility in favor of, the County.

The Bonds shall be dated November 1, 2020 and shall have the maturities and redemption features, if any, and bear interest at the rates per annum shown on Schedule I hereto. Payment for and delivery of the Bonds, and the other actions described herein, shall take place on November 12, 2020 (or such other date as may be agreed to by the County and the Underwriter) (the “Closing Date”).

2. Authorization Instruments and Law. The Bonds were authorized by an Order enacted by the Commissioners Court of the County (the “Commissioners Court”) on October 20, 2020 (the “Bond Order”) and shall be issued pursuant to the provisions of Subchapter A of Chapter 372, Texas Local Government Code, as amended (the “Act”), and the Indenture of Trust, dated as of November 1, 2020, between the County and the Trustee, authorizing the issuance of the Bonds (the “Indenture”). The Bonds shall be substantially in the form described in, and shall be secured under the provisions of, the Indenture.

The Bonds and interest thereon shall be secured by the Trust Estate consisting primarily of revenue from proceeds of special assessments (the “Special Assessments”) levied on the assessable parcels within Neighborhood Improvement Area #1 and Neighborhood Improvement Area #2 of the LaDRAFT Cima Public Improvement District (the “District”). The District was established by a resolution enacted by the Commissioners Court on September 23, 2014 (the “Creation Resolution”), in accordance with the Act. In accordance with the Act and pursuant to an order adopted by the Commissioners Court on July 21, 2015, the Commissioners Court approved and accepted the La Cima Public Improvement District Service and Assessment Plan relating to the District (the “Original SAP”). In accordance with the Act, the Commissioners Court (i) on March 20, 2018, approved Order No. 32472 (the "Neighborhood Improvement Area #1 Assessment Order"), which levied the Neighborhood Improvement Area #1 Assessments, and 2 which approved and accepted the NIA #1 SAP that therein set forth the costs of the Neighborhood Improvement Area #1 Improvements and the method of payment of the Neighborhood Improvement Area #1 Assessments in Neighborhood Improvement Area #1; and (ii) on February 25, 2020, approved Order No. 34898 (the "Neighborhood Improvement Area #2 Assessment Order" and together with the Neighborhood Improvement Area #1 Assessment Order, the “Assessment Order”), which levied the Neighborhood Improvement Area #2 Assessments, and which approved and accepted the NIA #2 SAP that therein set forth the costs of the Neighborhood Improvement Area #2 Improvements and the method of payment of the Neighborhood Improvement Area #2 Assessments in Neighborhood Improvement Area #2. The County has adopted an Amended and Restated Service and Assessment Plan on October 20, 2020 (the “Amended and Restated Service and Assessment Plan”) that consolidates the information in the Original SAP, the NIA #1 SAP and the NIA #2 SAP. The Neighborhood Improvement Area #1 Assessment Order, Neighborhood Improvement Area #2 Assessment Order, Amended and Restated Service and Assessment Plan, Creation Resolution, Indenture and Bond Order shall be collectively referred to as the “Authorizing Documents.”

The Bonds shall be as described in Schedule I attached hereto, the Indenture, and the Limited Offering Memorandum. The proceeds of the Bonds shall be used for (i) paying a portion of the Actual Costs of the NIA #1-2 Improvements, (ii) funding a reserve fund for payment of principal and interest on the Bonds and (iii) paying costs of issuance of the Bonds.

3. Limited Public Offering. The Underwriter agrees to make a bona fide limited public offering of all of the Bonds and the Underwriter shall execute and deliver to Bond Counsel the Issue Price Certificate, in substantially the form attached hereto as Appendix B, each in accordance with Section 11 hereof.

4. Limited Offering Memorandum.

(a) Delivery of Limited Offering Memorandum. The County previously has delivered, or caused to be delivered, to the Underwriter the Preliminary Limited Offering Memorandum for the Bonds dated September 30, 2020 (the “Preliminary Limited Offering Memorandum”), in a “designated electronic format,” as defined in MSRB Rule G-32 (“Rule G-32”). The County will prepare, or cause to be prepared, a final Limited Offering Memorandum relating to the Bonds (the “Limited Offering Memorandum”) which will be (i) dated the date of this Agreement, (ii) complete within the meaning of the United States Securities and Exchange Commission’s Rule 15c2-12, as amended (“Rule 15c2-12”), (iii) in a “designated electronic format,” and (iv) substantially in the form of the most recent version of the Preliminary Limited Offering Memorandum provided to the Underwriter before the execution hereof, except for the inclusion of the information DRAFT permitted to be excluded from the Preliminary Limited Offering Memorandum by Section (b)(1) of Rule 15c2-12. The Limited Offering Memorandum, including the cover page thereto, all exhibits, schedules, appendices, maps, charts, pictures, diagrams, reports, and statements included or incorporated therein or attached thereto, and all amendments and supplements thereto that may be authorized for use with respect to the Bonds are collectively referred to herein as the “Limited Offering Memorandum.” Until the Limited Offering Memorandum has been prepared and is available for distribution, the County shall provide to the Underwriter, upon request, 3 sufficient quantities (which may be in electronic format) of the Preliminary Limited Offering Memorandum as the Underwriter reasonably deems necessary to satisfy the obligation of the Underwriter under Rule 15c2-12 with respect to distribution to each potential customer, upon request, of a copy of the Preliminary Limited Offering Memorandum.

(b) Preliminary Limited Offering Memorandum Deemed Final. The Preliminary Limited Offering Memorandum has been prepared for use by the Underwriter in connection with the offering, sale, and distribution of the Bonds. The County hereby represents and warrants that the Preliminary Limited Offering Memorandum has been deemed final by the County as of its date, except for the omission of such information which is dependent upon the final pricing of the Bonds for completion, all as permitted to be excluded by Section (b)(1) of Rule 15c2-12.

(c) Use of Limited Offering Memorandum in Offering and Sale. The County hereby authorizes the Limited Offering Memorandum and the information therein contained to be used by the Underwriter in connection with the offering and the sale of the Bonds. The County consents to the use by the Underwriter prior to the date hereof of the Preliminary Limited Offering Memorandum in connection with the offering of the Bonds. The County shall provide, or cause to be provided, to the Underwriter as soon as practicable after the date of the County’s acceptance of this Agreement (but, in any event, not later than the earlier of the Closing Date or seven (7) business days after the County’s acceptance of this Agreement) copies of the Limited Offering Memorandum which is complete as of the date of its delivery to the Underwriter. The County shall provide the Limited Offering Memorandum, or cause the Limited Offering Memorandum to be provided, (i) in a “designated electronic format” consistent with the requirements of Rule G-32 and (ii) in a printed format in such quantity as the Underwriter shall reasonably request in order for the Underwriter to comply with Section (b)(4) of Rule 15c2-12 and the rules of the MSRB.

(d) Updating of Limited Offering Memorandum.

(1) If, after the date of this Agreement, up to and including the date the Underwriter is no longer required to provide a Limited Offering Memorandum to potential customers who request the same pursuant to Rule 15c2-12 (the earlier of (i) ninety (90) days from the “end of the underwriting period” (as defined in Rule 15c2- 12) and (ii) the time when the Limited Offering Memorandum is available to any person from the MSRB, but in no case less than the 25th day after the “end of the underwriting period” for the Bonds), the County becomes aware of any fact or event which mightDRAFT or would cause the Limited Offering Memorandum, as then supplemented or amended, to contain any untrue statement of a material fact or to omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, or if it is necessary to amend or supplement the Limited Offering Memorandum to comply with law, the County will notify the Underwriter (and for the purposes of this clause provide the Underwriter with such information as it may from time to time reasonably request), and if, in the reasonable judgment of the 4 Underwriter, such fact or event requires preparation and publication of a supplement or amendment to the Limited Offering Memorandum, the County will forthwith prepare and furnish, at no expense to the Underwriter (in a form and manner approved by the Underwriter), either an amendment or a supplement to the Limited Offering Memorandum so that the statements therein as so amended and supplemented will not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading or so that the Limited Offering Memorandum will comply with law. If such notification shall be subsequent to the Closing (as defined herein), the County, at no expense to the Underwriter, shall furnish such legal opinions, certificates, instruments, and other documents as the Underwriter may reasonably deem necessary to evidence the truth and accuracy of such supplement or amendment to the Limited Offering Memorandum. The County shall provide any such amendment or supplement, or cause any such amendment or supplement to be provided, (i) in a “designated electronic format” consistent with the requirements of Rule G-32 and (ii) in a printed format in such quantity as the Underwriter shall reasonably request in order for the Underwriter to comply with Section (b)(4) of Rule 15c2-12 and the rules of the MSRB.

(2) Notwithstanding the foregoing and for all purposes of this Agreement and for any certificate delivered by the County in accordance herewith, (i) the County makes no representations with respect to the descriptions in the Preliminary Limited Offering Memorandum or the Limited Offering Memorandum of The Depository Trust Company, New York, New York (“DTC”), or its book-entry-only system, and (ii) the County makes no representation with respect to the information in the Preliminary Limited Offering Memorandum or the Limited Offering Memorandum in any maps included therein or under the captions and subcaptions “PLAN OF FINANCE — The District”, “Development Plan and Status of Development,” and “Financing of Development in the District,” “BOOK-ENTRY ONLY SYSTEM,” “LIMITATIONS APPLICABLE TO INITIAL PURCHASERS,” “THE NEIGHBORHOOD IMPROVEMENT AREAS #1-2 IMPROVEMENTS,” “THE DEVELOPMENT,” “THE ORIGINAL LANDOWNER, THE MASTER DEVELOPER AND THE NIA #1-2 DEVELOPERS,” “BONDHOLDERS' RISKS” (only as it pertains to the Original Landowner, the Master Developer, the NIA #1-2 Developers, the Neighborhood Improvement Areas #1-2 Improvements and the Development), “THE ADMINISTRATOR,” “LEGAL MATTERS — Litigation — The Master Developer and the NIA #1-2 Developers,” “CONTINUING DISCLOSURE – The Master Developer and the NIA #1-2 Developers” and “– The Master Developer’sDRAFT and Original Landowners’ Compliance with Prior Undertakings,” “INFORMATION RELATING TO THE TRUSTEE,” “APPENDIX E-2” and “APPENDIX F.”

(e) Filing with MSRB. The Underwriter hereby agrees to timely file the Limited Offering Memorandum with the MSRB through its Electronic Municipal Market Access (“EMMA”) system within one business day after receipt but no later than the

5 Closing Date. Unless otherwise notified in writing by the Underwriter, the County can assume that the “end of the underwriting period” for purposes of Rule 15c2-12 is the Closing Date.

(f) Limited Offering. The Underwriter hereby represents, warrants and covenants that the Bonds were initially sold pursuant to a limited offering. The Bonds were sold to not more than thirty-five persons that qualify as “Accredited Investors” (as defined in Rule 501 of Regulation D under the Securities Act (as defined herein)) or “Qualified Institutional Buyers” (within the meaning of Rule 144A under the Securities Act).

5. County Representations, Warranties and Covenants. The County represents, warrants and covenants that:

(a) Due Organization, Existence and Authority. The County is a political subdivision of the State of Texas (the “State”), and has, and at the Closing Date will have, full legal right, power and authority:

(i) to enter into:

(1) this Agreement;

(2) the Indenture;

(3) the “Amended and Restated Development Agreement” between Lazy Oaks Ranch, LP, a Texas limited partnership, (the “Original Landowner”), the City of San Marcos and the County, effective September, 2014, as amended by a Second Amended and Restated Development Agreement effective May 22, 2018, and as amended by a Third Amended and Restated Development Agreement effective September 8, 2020, (the “Development Agreement”); and

(4) (i) the La Cima Public Improvement Reimbursement Agreement Neighborhood Improvement Area #1 – Phase 1 – Section 1, executed and delivered by the County and LCSM Ph. 1-1, a Texas limited liability company (“LCSM 1-1”), dated as of March 20, 2018, (the “Phase 1 – Section 1 Reimbursement Agreement”) (ii) the La Cima Public Improvement Reimbursement Agreement Neighborhood Improvement Area #1 – Phase 1 – Section 2, executed and delivered by the County and LCSM Ph. 1-2, LLC a Texas limited liability company (“LCSM 1-2”), DRAFTdated as of March 20, 2018, (the “Phase 1 – Section 2 Reimbursement Agreement” and, together with the Phase 1 – Section 1 Reimbursement Agreement, the “NIA #1 Reimbursement Agreements”), and (iii) the La Cima Public Improvement Reimbursement Agreement Neighborhood Improvement Area #2, executed and delivered by the County and LCSM Ph. 2, LLC, a Texas limited liability company “LCSM 2” and together with LCSM 1-1 and LCSM 1-2, the “NIA #1-2 Developers), dated as of 6 June 4, 2019, (the “NIA #2 Reimbursement Agreement” and, together with the NIA #1 Reimbursement Agreements, the “Reimbursement Agreements”);

(5) the Continuing Disclosure Agreement of the County with respect to the Bonds, dated as of November 1, 2020 (the “County Continuing Disclosure Agreement”), executed and delivered by the County, P3Works, LLC (the “Administrator”), and Specialized Public Finance Inc., as Dissemination Agent; and

(6) the La Cima Public Improvement District, Neighborhood Improvement Area #2 Landowner Agreement dated as of February 25, 2020, executed and delivered by the County and LCSM 2 (the “Landowner Agreement”).

(ii) to issue, sell, and deliver the Bonds to the Underwriter as provided herein; and

(iii) to carry out and consummate the transactions on its part described in (1) the Authorizing Documents, (2) this Agreement, (3) the Development Agreement, (4) the County Continuing Disclosure Agreement, (5) the Reimbursement Agreements, (6) the Landowner Agreement, (7) the Limited Offering Memorandum, and (8) any other documents and certificates described in any of the foregoing (the documents described by subclauses (1) through (6) being referred to collectively herein as the “County Documents”).

(b) Due Authorization and Approval of County. By all necessary official action of the County, the County has duly authorized and approved the adoption or execution and delivery by the County of, and the performance by the County of the obligations on its part contained in, the County Documents, and, as of the date hereof, such authorizations and approvals are in full force and effect and have not been amended, modified or rescinded, except as may have been approved by the Underwriter. When validly executed and delivered by the other parties thereto, the County Documents will constitute the legally valid and binding obligations of the County enforceable upon the County in accordance with their respective terms, except insofar as enforcement may be limited by principles of sovereign immunity, bankruptcy, insolvency, reorganization, moratorium, or similar laws or equitable principles relating to or affecting creditors’ rights generally. The County has complied, and will at the Closing be in compliance, in all material respects, with the obligations on its part to be performed on or prior to the Closing Date DRAFTunder the County Documents. (c) Due Authorization for Issuance of the Bonds. The County has duly authorized the issuance and sale of the Bonds pursuant to the Bond Order, the Indenture, and the Act. The County has, and at the Closing Date will have, full legal right, power and authority (i) to enter into, execute, deliver, and perform its obligations under this Agreement and the other County Documents, (ii) to issue, sell and, deliver the Bonds to the Underwriter pursuant to the Indenture, the Bond Order, the Act, and as provided 7 herein, and (iii) to carry out, give effect to and consummate the transactions on the part of the County described by the County Documents and the Bond Order.

(d) No Breach or Default. As of the time of acceptance hereof, and to the best of its knowledge, the County is not, and as of the Closing Date the County will not be, in material breach of or in default in any material respect under any applicable constitutional provision, law or administrative rule or regulation of the State or the United States, or any applicable judgment or decree or any trust agreement, loan agreement, bond, note, resolution, ordinance, agreement or other instrument related to the Bonds and to which the County is a party or is otherwise subject, and no event has occurred and is continuing which, with the passage of time or the giving of notice, or both, would constitute a default or event of default under any such instrument which breach, default or event could have a material adverse effect on the County’s ability to perform its obligations under the Bonds or the County Documents; and, as of such times, the authorization, execution and delivery of the Bonds and the County Documents and compliance by the County with obligations on its part to be performed in each of such agreements or instruments does not and will not conflict with or constitute a material breach of or default under any applicable constitutional provision, law or administrative rule or regulation of the State or the United States, or any applicable judgment, decree, license, permit, trust agreement, loan agreement, bond, note, resolution, ordinance, agreement or other instrument to which the County (or any of its officers in their respective capacities as such) is subject, or by which it or any of its properties are bound, nor will any such authorization, execution, delivery or compliance result in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any of its assets or properties securing the Bonds or under the terms of any such law, regulation or instrument, except as may be permitted by the County Documents.

(e) No Litigation. At the time of acceptance hereof there is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, government agency, public board or body (collectively and individually, an “Action”) pending against the County with respect to which the County has been served with process, nor to the knowledge of the County is any Action threatened against the County, in which any such Action (i) in any way questions the existence of the County or the rights of the members of the Commissioners Court to hold their respective positions, (ii) in any way questions the formation or existence of the District, (iii) affects, contests or seeks to prohibit, restrain or enjoin the issuance or delivery of any of the Bonds, or the payment or collection of any amounts pledged to pay the principal of and interest on the Bonds, or in any way contests or affects the validity of the County Documents or the consummationDRAFT of the transactions on the part of the County described therein, or contests the exclusion of the interest on the Bonds from federal income taxation, or (iv) which may result in any material adverse change in the financial condition of the County; and, as of the time of acceptance hereof, to the County’s knowledge, there is no basis for any action, suit, proceeding, inquiry, or investigation of the nature described in clauses (i) through (iv) of this sentence.

8 (f) Bonds Issued Pursuant to Indenture. The County represents that the Bonds, when issued, executed, and delivered in accordance with the Indenture and sold to the Underwriter as provided herein, will be validly issued and outstanding obligations of the County subject to the terms of the Indenture, entitled to the benefits of the Indenture and the security of the pledge of the proceeds of the levy of the Special Assessments received by the County, all to the extent provided for in the Indenture. The Indenture creates a valid pledge of the monies in certain funds and accounts established pursuant to the Indenture to the extent provided for in the Indenture, including the investments thereof, subject in all cases to the provisions of the Indenture permitting the application thereof for the purposes and on the terms and conditions set forth therein.

(g) Special Assessments. The Special Assessments constituting the security for the Bonds have been levied by the County through adoption of the Assessment Order in accordance with the Act on those parcels of land identified in the Neighborhood Improvement Area #1 Assessment Roll and the Neighborhood Improvement Area #2 Assessment Roll (each as defined in the Amended and Restated Service and Assessment Plan). According to the Act, such Special Assessments will constitute a valid and legally binding first and prior lien against the properties assessed, superior to all other liens and claims, except liens or claims for state, county, school district, or municipality ad valorem taxes.

(h) Consents and Approvals. All authorizations, approvals, licenses, permits, consents, elections, and orders of or filings with any governmental authority, legislative body, board, agency, or commission having jurisdiction in the matters which are required by the Closing Date for the due authorization of, which would constitute a condition precedent to or the absence of which would adversely affect the due performance by the County of, its obligations in connection with the County Documents have been duly obtained or made and are in full force and effect, except the approval of the Bonds by the Attorney General of the State, registration of the Bonds by the Comptroller of Public Accounts of the State, and the approvals, consents and orders as may be required under Blue Sky or securities laws of any jurisdiction.

(i) Public Debt. Prior to the Closing, the County will not offer or issue any bonds, notes or other obligations for borrowed money or incur any material liabilities, direct or contingent, payable from or secured by a pledge of the Special Assessments which secure the Bonds without the prior approval of the Underwriter.

(j) Preliminary Limited Offering Memorandum. Subject to the exclusions set forth in Section 4(d)(2) hereof, the information contained in the Preliminary Limited Offering MemorandumDRAFT is true and correct in all material respects, and such information does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

(k) Limited Offering Memorandum. At the time of the County’s acceptance hereof and (unless the Limited Offering Memorandum is amended or supplemented pursuant to paragraph (d) of Section 4 of this Agreement) at all times subsequent thereto 9 during the period up to and including the 25th day subsequent to the “end of the underwriting period,” the information contained in the Limited Offering Memorandum, subject to the exclusions set forth in Section 4(d)(2) hereof, does not and will not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided, however, that if the County notifies the Underwriter of any fact or event as required by Section 4(d) hereof, and the Underwriter determines that such fact or event does not require preparation and publication of a supplement or amendment to the Limited Offering Memorandum, then the Limited Offering Memorandum in its then-current form shall be conclusively deemed to be complete and correct in all material respects.

(l) Supplements or Amendments to Limited Offering Memorandum. If the Limited Offering Memorandum is supplemented or amended pursuant to paragraph (d) of Section 4 of this Agreement, at the time of each supplement or amendment thereto and (unless subsequently again supplemented or amended pursuant to such paragraph) at all times subsequent thereto during the period up to and including the 25th day subsequent to the “end of the underwriting period,” the Limited Offering Memorandum as so supplemented or amended will not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided, however, that if the County notifies the Underwriter of any fact or event as required by Section 4(d) hereof, and the Underwriter determines that such fact or event does not require preparation and publication of a supplement or amendment to the Limited Offering Memorandum, then the Limited Offering Memorandum in its then- current form shall be conclusively deemed to be complete and correct in all material respects.

(m) Compliance with Rule 15c2-12. During the past five years, the County has complied in all material respects with its previous continuing disclosure undertakings made by it in accordance with Rule 15c2-12, except as described in the Limited Offering Memorandum.

(n) Use of Bond Proceeds. The County will apply, or cause to be applied, the proceeds from the sale of the Bonds as provided in and subject to all of the terms and provisions of the Indenture and will not take or omit to take any action which action or omission will adversely affect the exclusion from gross income for federal income tax purposes of the interest on the Bonds. (o)DRAFT Blue Sky and Securities Laws and Regulations. The County will furnish such information and execute such instruments and take such action in cooperation with the Underwriter as the Underwriter may reasonably request, at no expense to the County, (i) to (y) qualify the Bonds for offer and sale under the Blue Sky or other securities laws and regulations of such states and other jurisdictions in the United States as the Underwriter may designate and (z) determine the eligibility of the Bonds for investment under the laws of such states and other jurisdictions and (ii) to continue such qualifications in effect so long as required for the initial distribution of the Bonds by the 10 Underwriter (provided, however, that the County will not be required to qualify as a foreign corporation or to file any general or special consents to service of process under the laws of any jurisdiction) and will advise the Underwriter immediately of receipt by the County of any notification with respect to the suspension of the qualification of the Bonds for sale in any jurisdiction or the initiation or threat of any proceeding for that purpose.

(p) Certificates of the County. Any certificate signed by any official of the County authorized to do so in connection with the transactions described in this Agreement shall be deemed a representation and warranty by the County to the Underwriter as to the statements made therein and can be relied upon by the Underwriter as to the statements made therein.

(q) Intentional Actions Regarding Representations and Warranties. The County covenants that between the date hereof and the Closing it will not intentionally take actions which will cause the representations and warranties made in this Section to be untrue as of the Closing.

(r) Financial Advisor. The County has engaged Specialized Public Finance Inc., as its financial advisor in connection with its offering and issuance of the Bonds.

By delivering the Limited Offering Memorandum to the Underwriter, the County shall be deemed to have reaffirmed, with respect to the Limited Offering Memorandum, the representations, warranties and covenants set forth above.

6. NIA #1-2 Developers Letter of Representations and Master Developer Letter of Representations. At the signing of this Agreement, the County, Underwriter and Underwriter’s Counsel shall receive from the NIA #1-2 Developers, an executed NIA #1-2 Developers Letter of Representations (the “NIA #1-2 Developers Letter of Representations”) in the form of Appendix A-1 hereto and from La Cima San Marcos, LLC, a Texas limited liability company (the “Master Developer”), an executed Master Developer Letter of Representations (the “Master Developer Letter of Representations”) in the form of Appendix A-2 hereto, and at the Closing, a certificate signed by the NIA #1-2 Developers, and a certificate signed by the Master Developer as set forth in Section 9(f) hereof.

7. The Closing. At 10:00 a.m., Central time, on the Closing Date, or at such other time or on such earlier or later business day as shall have been mutually agreed upon by the County and the Underwriter, (i) the County will deliver or cause to be delivered to DTC through its “FAST” System, the Bonds in the form of one fully registered Bond for each maturity, registered in the name of Cede & Co., as nominee for DTC, duly executed by the County and authenticated by the DRAFT Trustee as provided in the Indenture, and (ii) the County will deliver the closing documents hereinafter mentioned to Orrick, Herrington & Sutcliffe L.L.P. (“Bond Counsel”), or a place to be mutually agreed upon by the County and the Underwriter. Settlement will be through the facilities of DTC. The Underwriter will accept delivery and pay the purchase price of the Bonds as set forth in Section 1 hereof by wire transfer in federal funds payable to the order of the County or its designee. These payments and deliveries, together with the delivery of the aforementioned documents, are herein called the “Closing.” The Bonds will be made 11 available to the Underwriter or Underwriter’s Counsel (defined herein) for inspection not less than twenty-four (24) hours prior to the Closing.

8. Underwriter’s Closing Conditions. The Underwriter has entered into this Agreement in reliance upon the representations and covenants herein and the performance by the County of its obligations under this Agreement, both as of the date hereof and as of the date of the Closing. Accordingly, the Underwriter’s obligations under this Agreement to purchase, accept delivery of, and pay for the Bonds shall be conditioned upon the performance by the County of its obligations to be performed hereunder at or prior to Closing and shall also be subject to the following additional conditions:

(a) Bring-Down Representations of the County. The representations and covenants of the County contained in this Agreement shall be true and correct in all material respects as of the date hereof and at the time of the Closing, as if made on the Closing Date.

(b) Executed Agreements and Performance Thereunder. At the time of the Closing (i) the County Documents shall be in full force and effect, and shall not have been amended, modified, or supplemented except with the written consent of the Underwriter; (ii) the Authorizing Documents shall be in full force and effect; (iii) there shall be in full force and effect such other resolutions or actions of the County as, in the opinion of Bond Counsel and Underwriter’s Counsel, shall be necessary on or prior to the Closing Date in connection with the transactions on the part of the County described in this Agreement and the County Documents; (iv) there shall be in full force and effect such other resolutions or actions of the NIA #1-2 Developers as, in the opinion of DuBois Bryant & Campbell, LLP (“NIA #1-2 Developers’ and Master Developer’s Counsel”), shall be necessary on or prior to the Closing Date in connection with the transactions on the part of the NIA #1-2 Developers described in the NIA #1-2 Developers Letter of Representations, the Development Agreement, the Reimbursement Agreements, the Landowner Agreement, and the Continuing Disclosure Agreement of the Developer with respect to the Bonds, dated as of November 1, 2020 made by and among the Master Developer, the NIA #1-2 Developers, P3Works, LLC as Administrator and Specialized Public Finance Inc., as dissemination agent, (the “Continuing Disclosure Agreement of the Developer,” and together with the NIA #1-2 Developers Letter of Representations, the Development Agreement, the Landowner Agreement and the Reimbursement Agreements, the “NIA #1-2 Developer Documents”); (iv) there shall be in full force and effect such other resolutions or actions of the Master Developer as, in the opinion of NIA #1-2 Developers’ and Master Developer’s Counsel, shall be necessary on or prior to the Closing Date in connection with the transactions on the part of the Master Developer described in DRAFT the Master Developer Letter of Representations and the Continuing Disclosure Agreement of the Developer (together with the Master Developer Letter of Representations, the “Master Developer Documents” and together with the NIA #1-2 Developers Documents, the “Developer Documents”); and (v) the County shall perform or have performed its obligations required or specified in the County Documents to be performed at or prior to Closing.

12 (c) No Default. At the time of the Closing, no default shall have occurred or be existing and no circumstances or occurrences that, with the passage of time or giving of notice, shall constitute an event of default under this Agreement, the Indenture, the County Documents, the Developer Documents or other documents relating to the financing and construction of the NIA #1-2 Improvements and the Development (as defined in the Limited Offering Memorandum), and the NIA #1-2 Developers and the Master Developer shall not be in default in the payment of principal or interest on any of its indebtedness which default shall materially adversely impact the ability of such Developer to pay the Special Assessments when due or complete the NIA #1-2 Improvements.

(d) Closing Documents. At or prior to the Closing, the Underwriter shall have received each of the documents required under Section 9 below.

(e) Termination Events. The Underwriter shall have the right to cancel its obligation to purchase the Bonds and to terminate this Agreement without liability therefor by written notification to the County if, between the date of this Agreement and the Closing, in the Underwriter’s reasonable judgment, any of the following shall have occurred:

(i) the market price or marketability of the Bonds, or the ability of the Underwriter to enforce contracts for the sale of the Bonds, shall be materially adversely affected by the occurrence of any of the following:

(1) legislation shall have been introduced in or enacted by the Congress of the United States or adopted by either House thereof, or legislation pending in the Congress of the United States shall have been amended, or legislation shall have been recommended to the Congress of the United States or otherwise endorsed for passage (by press release, other form of notice, or otherwise) by the President of the United States, the Treasury Department of the United States, or the Internal Revenue Service or legislation shall have been proposed for consideration by either the U.S. Senate Committee on Finance or the U.S. House of Representatives Committee on Ways and Means or legislation shall have been favorably reported for passage to either House of the Congress of the United States by a Committee of such House to which such legislation has been referred for consideration, or a decision by a court of the United States or the Tax Court of the United States shall be rendered or a ruling, regulation, or official statement (final, temporary, or proposed) by or on DRAFTbehalf of the Treasury Department of the United States, the Internal Revenue Service, or other federal agency shall be made, which would result in federal taxation of revenues or other income of the general character expected to be derived by the County or upon interest on securities of the general character of the Bonds or which would have the effect of changing, directly or indirectly, the federal income tax consequences of receipt of interest on securities of the general character of the Bonds in the hands of the holders thereof, and which in either case, 13 makes it, in the reasonable judgment of the Underwriter, impracticable or inadvisable to proceed with the offer, sale, or delivery of the Bonds on the terms and in the manner described in the Limited Offering Memorandum; or

(2) legislation shall be enacted by the Congress of the United States, or a decision by a court of the United States shall be rendered, or a stop order, ruling, regulation or official statement by, or on behalf of, the Securities and Exchange Commission (“SEC”) or any other governmental agency having jurisdiction of the subject matter shall be issued or made to the effect that the issuance, offering or sale of obligations of the general character of the Bonds, or the issuance, offering or sale of the Bonds, including all underlying obligations, as described herein or by the Limited Offering Memorandum, is in violation or would be in violation of, or that obligations of the general character of the Bonds, or the Bonds, are not exempt from registration under, any provision of the federal securities laws, including the Securities Act of 1933, as amended and as then in effect (the “Securities Act”), or that the Indenture needs to be qualified under the Trust Indenture Act of 1939, as amended and as then in effect (the “Trust Indenture Act”); or

(3) a general suspension of trading in securities on the New York Stock Exchange, the establishment of minimum prices on such exchange, the establishment of material restrictions (not in force as of the date hereof) upon trading securities generally by any governmental authority or any national securities exchange, a general banking moratorium declared by federal, State of New York, or State officials authorized to do so; or

(4) there shall have occurred any outbreak of hostilities (including, without limitation, an act of terrorism) or other national or international calamity or crisis, including, but not limited to, an escalation of hostilities that existed prior to the date hereof, and the effect of any such event on the financial markets of the United States shall be such as would make it impracticable, in the reasonable judgment of the Underwriter, for it to sell the Bonds on the terms and in the manner contemplated by the Limited Offering Memorandum; or

(5) there shall have occurred since the date of this Agreement DRAFTany materially adverse change in the affairs or financial condition of the County, except as disclosed in or contemplated by the Limited Offering Memorandum; or

(6) any state blue sky or securities commission or other governmental agency or body in any state in which more than 10% of the Bonds have been offered and sold shall have withheld registration,

14 exemption or clearance of the offering of the Bonds as described herein, or issued a stop order or similar ruling relating thereto; or

(7) any amendment to the federal or state Constitution or action by any federal or state court, legislative body, regulatory body, or other authority materially adversely affecting the tax status of the County, its property, income, securities (or interest thereon), or the validity or enforceability of the Special Assessments pledged to pay principal of and interest on the Bonds; or

(ii) the New York Stock Exchange or other national securities exchange or any governmental authority shall impose, as to the Bonds or as to obligations of the general character of the Bonds, any material restrictions not now in force, or increase materially those now in force, with respect to the extension of credit by, or the charge to the net capital requirements of, the Underwriter; or

(iii) any event occurring, or information becoming known which, in the reasonable judgment of the Underwriter, makes untrue in any material respect any statement or information contained in the Limited Offering Memorandum, or has the effect that the Limited Offering Memorandum contains any untrue statement of material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, which change shall occur subsequent to the date of this Agreement and shall not be due to the malfeasance, misfeasance or nonfeasance of the Underwriter; or

(iv) any fact or event shall exist or have existed that, in the Underwriter’s reasonable judgment, requires or has required an amendment of or supplement to the Limited Offering Memorandum; or

(v) a general banking moratorium shall have been declared by federal or State authorities having jurisdiction and shall be in force; or

(vi) a material disruption in securities settlement, payment or clearance services shall have occurred; or

(vii) a decision by a court of the United States shall be rendered, or a stop order, release, regulation or no-action letter by or on behalf of the SEC or any other governmental agency having jurisdiction of the subject matter shall have been issued or made, to the effect that the issuance, offering or sale of the Bonds, includingDRAFT the underlying obligations as contemplated by this Agreement or by the Limited Offering Memorandum, or any document relating to the issuance, offering or sale of the Bonds, is or would be in violation of any provision of the federal securities laws on the date of Closing, including the Securities Act, the Securities Exchange Act of 1934 (the “Securities Exchange Act”) and the Trust Indenture Act; or

15 (viii) the purchase of and payment for the Bonds by the Underwriter, or the resale of the Bonds by the Underwriter, on the terms and conditions herein provided shall be prohibited by any applicable law, governmental authority, board, agency or commission, which prohibition shall occur subsequent to the date hereof and shall not be due to the malfeasance, misfeasance, or nonfeasance of the Underwriter.

With respect to the conditions described in subparagraphs (ii), (vii) and (viii) above, the Underwriter is not aware of any current, pending or proposed law or government inquiry or investigation as of the date of execution of this Agreement which would permit the Underwriter to invoke its termination rights hereunder.

9. Closing Documents. At or prior to the Closing, the Underwriter (or Underwriter’s Counsel on behalf of the Underwriter) shall receive the following documents:

(a) Bond Opinion. The approving opinion of Bond Counsel, dated the Closing Date and substantially in the form included as Appendix D to the Limited Offering Memorandum, together with a reliance letter from Bond Counsel, dated the date of the Closing and addressed to the Underwriter which may be included in the supplemental opinion required by Section 9(b), to the effect that the foregoing opinion may be relied upon by the Underwriter to the same extent as if such opinion were addressed to it.

(b) Supplemental Opinion. A supplemental opinion of Bond Counsel dated the Closing Date and addressed to the County and the Underwriter in form and substance acceptable to Underwriter’s Counsel, to the following effect:

(i) Except to the extent noted therein, Bond Counsel has not verified and is not passing upon, and does not assume any responsibility for, the accuracy, completeness or fairness of the statements and information contained in the Limited Offering Memorandum but that such firm has reviewed the statements describing the Bonds in the Limited Offering Memorandum under the captions or subcaptions “PLAN OF FINANCE — The Bonds”, “DESCRIPTION OF THE BONDS,” “SECURITY FOR THE BONDS” (except for the last paragraph under the subcaption “General”), “ASSESSMENT PROCEDURES” (except for the subcaptions “Assessment Methodology,” “Assessment Amounts” and “Major Improvement Assessments Amounts”), “THE DISTRICT,” “TAX MATTERS,” “LEGAL MATTERS — Legal Proceedings” (except for the final paragraph thereof), “LEGAL MATTERS — Legal Opinions” (except for the final paragraph thereof), “CONTINUING DISCLOSURE — The County”, “REGISTRATION AND QUALIFICATION OF BONDS FOR SALE,” “LEGAL INVESTMENT AND DRAFT ELIGIBILITY TO SECURE PUBLIC FUNDS IN TEXAS” and APPENDIX B, excluding any material that may be treated as included under such captions by cross-reference or reference to other documents or sources, and Bond Counsel is of the opinion that the statements relating to the Bonds and the description of the law contained under such captions and subcaptions accurately describes the laws addressed therein and, with respect to the Bonds, such statements conform to the Bond Order and Indenture; 16 (ii) The Bonds are not subject to the registration requirements of the Securities Act, and the Indenture is exempt from qualification pursuant to the Trust Indenture Act;

(iii) On each respective date of adoption thereof, the County had full power and authority to adopt the Creation Resolution, the Assessment Order, and the Bond Order (collectively, the foregoing documents are referred to herein as the “County Actions”) and perform its obligations thereunder and the County Actions have been duly adopted, are in full force and effect and have not been modified, amended or rescinded; and

(iv) The Indenture, Development Agreement, the Reimbursement Agreements, the Landowner Agreement, the County Continuing Disclosure Agreement, and this Agreement have been duly authorized, executed and delivered by the County and, assuming the due authorization, execution and delivery of such instruments, documents, and agreements by the other parties thereto, constitute the legal, valid, and binding agreements of the County, enforceable in accordance with their respective terms, except as enforcement thereof may be limited by bankruptcy, insolvency, or other laws affecting enforcement of creditors’ rights, or by the application of equitable principles if equitable remedies are sought and to the application of Texas law relating to governmental immunity applicable to local governmental entities.

(c) County Legal Opinion. An opinion of the Hays County Office of General Counsel, legal counsel for the County, dated the Closing Date and addressed to the Underwriter, the Underwriter’s Counsel, the County and the Trustee, with respect to matters relating to the County, substantially in the form of Appendix C hereto or in form otherwise agreed upon by the Underwriter.

(d) Opinion of NIA #1-2 Developers’ and Master Developer’s Counsel. An opinion of NIA #1-2 Developers’ and Master Developer’s Counsel, substantially in the form of Appendix D hereto, dated the Closing Date and addressed to the County, Bond Counsel, the Attorney for the County, the Underwriter, and the Trustee.

(e) NIA #1-2 Developers Letter of Representations and Master Developer Letter of Representations. The NIA #1-2 Developers Letter of Representations, dated as of October 20, 2020, signed by an authorized officer of the NIA #1-2 Developers in substantially the form of Appendix A-1 and the Master Developer Letter of Representations, dated as of October 20, 2020, signed by an authorized officer of the Master DeveloperDRAFT in substantially the form of Appendix A-2. (f) NIA #1-2 Developers Certificate, General Certificate and Organizational Documents and Master Developer Certificate, General Certificate and Organizational Documents. From the NIA #1-2 Developers, the certificate of the NIA #1-2 Developers dated as of the Closing Date, signed by an authorized officer of the NIA #1-2 Developers in substantially the form of Appendix E-1 hereto, a general certificate of the NIA #1-2 Developers in a form acceptable to Bond Counsel, and the organizational documents of 17 the NIA #1-2 Developers and, from the Master Developer, the certificate of the Master Developer dated as of the Closing Date, signed by an authorized officer of the Master Developer in substantially the form of Appendix E-2 hereto, a general certificate of the Master Developer in a form acceptable to Bond Counsel, and the organizational documents of the Master Developer.

(g) County Certificate. A certificate of the County, dated the Closing Date, to the effect that, to the best of an authorized County official’s knowledge:

(i) the representations and warranties of the County contained herein and in the County Documents are true and correct in all material respects on and as of the Closing Date as if made on the date thereof;

(ii) the Authorizing Documents and County Documents are in full force and effect and have not been amended, modified, or supplemented;

(iii) except as disclosed in the Limited Offering Memorandum, no litigation or proceeding against the County is pending or, to the knowledge of such person, threatened in any court or administrative body nor is there a basis for litigation which would (a) contest the right of the members or officials of the County to hold and exercise their respective positions, (b) contest the due organization and valid existence of the County or the establishment of the District, (c) contest the validity, due authorization and execution of the Bonds or the County Documents, or (d) attempt to limit, enjoin or otherwise restrict or prevent the County from levying and collecting the Special Assessments pledged to pay the principal of and interest on the Bonds, or the pledge thereof; and

(iv) the County has, to the best of such person’s knowledge, complied with all agreements and covenants and satisfied all conditions set forth in the County Documents, on its part to be complied with or satisfied hereunder at or prior to the Closing.

(h) Trustee’s Certificate. A certificate of the Trustee, dated the date of Closing, in form and substance acceptable to counsel for the Underwriter to the following effect:

(i) The Trustee is duly organized and validly existing as a national banking association organized under the laws of the United States of America, having the full power and authority, including trust powers, to accept and perform its dutiesDRAFT under the Indenture; and (ii) No consent, approval, authorization or other action by any governmental authority having jurisdiction over the Trustee that has not been obtained is or will be required for the authentication of the Bonds or the consummation by the Trustee of the other transactions contemplated to be performed by the Trustee in connection with the authentication of the Bonds and the acceptance and performance of the obligations created by the Indenture. 18 (i) Underwriter Counsel’s Opinion. An opinion, dated the Closing Date and addressed to the Underwriter, of Winstead PC (“Underwriter’s Counsel”, to the effect that:

(i) based on (A) such counsel’s review of the Bond Order, the Indenture, and the Limited Offering Memorandum; (B) its discussions with Bond Counsel and with the Underwriter; (C) its review of the documents, certificates, opinions and other instruments delivered at the closing of the sale of the Bonds on the date hereof; and (D) such other matters as it deems relevant, such counsel is of the opinion that the Bonds are exempt securities under the Securities Act, and the Trust Indenture Act, and it is not necessary, in connection with the offering and sale of the Bonds, to register the Bonds under the Securities Act and the Indenture is not required to be qualified under the Trust Indenture Act;

(ii) based upon (A) such counsel’s review of Rule 15c2-12 and interpretive guidance published by the SEC relating thereto; (B) its review of the continuing disclosure undertaking of the County contained in the County Continuing Disclosure Agreement; and (C) the inclusion in the Limited Offering Memorandum of a description of the specifics of such undertaking, and assuming that the Bond Order, the Indenture, and the County Continuing Disclosure Agreement have been duly adopted by the County and are in full force and effect, such undertaking provides a suitable basis for the Underwriter, to make a reasonable determination that the County has met the qualifications of paragraph (b)(5)(i) of Rule 15c2-12; and

(iii) although such counsel has not verified and is not passing upon, and does not assume any responsibility for, the accuracy, completeness or fairness of the information contained in the Limited Offering Memorandum, it has participated in the preparation of the Limited Offering Memorandum and without independent verification, no facts came to its attention that caused it to believe that the Limited Offering Memorandum (except for the Appendices as well as any other financial, engineering and statistical data contained therein or included therein by reference or any litigation disclosed therein, as to which it expresses no view) as of its date contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

(j) Limited Offering Memorandum. The Limited Offering Memorandum and each supplementDRAFT or amendment, if any, thereto. (k) Delivery of County Documents and Developer Documents. The County Documents and the Developer Documents shall have been executed and delivered in form and content satisfactory to the Underwriter.

(l) Form 8038-G. Evidence that the federal tax information form 8038-G has been prepared by Bond Counsel for filing. 19 (m) Federal Tax Certificate. A certificate of the County in form and substance satisfactory to Bond Counsel and Underwriter’s Counsel setting forth the facts, estimates and circumstances in existence on the date of the Closing, which establish that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be “arbitrage bonds” within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the “Code”), and any applicable regulations (whether final, temporary or proposed) issued pursuant to the Code.

(n) Attorney General Opinion and Comptroller Registration. The approving opinion of the Attorney General of the State regarding the Bonds and the Comptroller of the State’s Certificate of Registration for the Initial Bond.

(o) Continuing Disclosure Agreements. The County Continuing Disclosure Agreement and the Continuing Disclosure Agreement of the Developer shall have been executed by the parties thereto in substantially the forms attached to the Preliminary Limited Offering Memorandum as Appendix E-1 and Appendix E-2.

(p) Letter of Representation of Administrator. Letter of Representation of the Administrator, substantially in the form of Appendix F hereto, addressed to the County, Bond Counsel, the Underwriter, the Underwriter’s Counsel and the Trustee, or in form otherwise agreed upon by the Underwriter.

(q) Letter of Representation of Sundance Analytics. Letter of Representation of Sundance Analytics, substantially in the form of Appendix G hereto, addressed to the County, Bond Counsel, the Underwriter, the Underwriter’s Counsel and the Trustee, or in form otherwise agreed upon by the Underwriter.

(r) Evidence of Filing of Landowner Agreement. Evidence that the Landowner Agreement has been filed of record in the real property records of Hays County, Texas.

(s) Lender Consent Certificates. Lender Consent Certificate of PlainsCapital Bank, Texas Regional Bank and any other lienholder on land in Neighborhood Improvement Areas #1-2 of the District, consenting to and acknowledging the creation of the District, the adoption of the Assessment Order, the levy of Assessments, and the subordination of their respective liens to the lien created by the Special Assessments in a form acceptable to the Underwriter.

(t) Rule 15c2-12 Certification. A resolution or certificate of the County whereby the County has deemed the Preliminary Limited Offering Memorandum final as of its date, DRAFT except for permitted omissions, as contemplated by Rule 15c2-12 in connection with the offering of the Bonds.

(u) Dissemination Agent. Evidence acceptable to the Underwriter in its sole discretion that the County has engaged a dissemination agent acceptable to the Underwriter for the Bonds, with the execution of the County Continuing Disclosure

20 Agreement and the Continuing Disclosure Agreement of the Developer by other parties thereto being conclusive evidence of such acceptance by the Underwriter.

(v) BLOR. A copy of the Blanket Letter of Representation to DTC signed by the County.

(w) Additional Documents. Such additional legal opinions, certificates, instruments, and other documents as the Underwriter or their counsel may reasonably deem necessary.

10. County’s Closing Conditions. The obligation of the County hereunder to deliver the Bonds shall be subject to receipt on or before the date of the Closing of the purchase price set forth in Section 1 hereof, the Attorney General Opinion, the opinion of Bond Counsel described in Section 9(a) hereof, and all documents required to be provided by the NIA #1-2 Developers and the Master Developer.

11. Establishment of Issue Price.

(a) The Underwriter agrees to assist the County in establishing the issue price of the Bonds and shall execute and deliver to the County at Closing an “issue price certificate” or similar certificate, with the supporting pricing wire(s) or equivalent communications, in a form satisfactory to Bond Counsel, with such modifications as may be appropriate or necessary, in the reasonable judgment of the Underwriter, the County and Bond Counsel, to accurately reflect, as applicable, the sales price or prices or the initial offering price or prices to the public of the Bonds.

(b) Except as otherwise set forth in Schedule I attached hereto, the County will treat the first price at which 10% of each maturity of the Bonds (the “10% test”) is sold to the public as the issue price of that maturity (if different interest rates apply within a maturity, each separate CUSIP number within that maturity will be subject to the 10% test). At or promptly after the execution of this Bond Purchase Agreement, the Underwriter shall report to the County the price or prices at which the Underwriter has sold to the public each separate CUSIP Number within a maturity of Bonds. If at that time the 10% test has not been satisfied as to any maturity of the Bonds, the Underwriter agrees to promptly, but no more than three business days, report to the County the prices at which Bonds of that maturity have been sold by the Underwriter to the public. That reporting obligation shall continue, whether or not the Closing Date has occurred, until the 10% test has been satisfied as to the Bonds of that maturity or until all Bonds of that maturity have been sold to the public. (c)DRAFT The Underwriter confirms that it has offered the Bonds to the public on or before the date of this Bond Purchase Agreement at the offering price or prices (the “initial offering price”), or at the corresponding yield or yields, set forth in Schedule I attached hereto, except as otherwise set forth therein. Schedule I also sets forth, as of the date of this Bond Purchase Agreement, the maturities, if any, of the Bonds for which the 10% test has not been satisfied and for which the County and the Underwriter agree that the restrictions set forth in the next sentence shall apply, which will allow the County to 21 treat the initial offering price to the public of each such maturity as of the sale date as the issue price of that maturity (the “hold-the-offering-price rule”). So long as the hold-the- offering-price rule remains applicable to any maturity of the Bonds, the Underwriter will neither offer nor sell unsold Bonds of that maturity to any person at a price that is higher than the initial offering price to the public during the period starting on the sale date and ending on the earlier of the following:

(i) the close of the fifth (5th) business day after the sale date; or

(ii) the date on which the Underwriter has sold at least 10% of that maturity of the Bonds to the public at a price that is no higher than the initial offering price to the public.

The Underwriter shall promptly advise the County when the Underwriter has sold 10% of that maturity of the Bonds to the public at a price that is no higher than the initial offering price to the public, if that occurs prior to the close of the fifth (5th) business day after the sale date.

The County acknowledges that, in making the representation set forth in this subsection, the Underwriter will rely on (i) in the event a selling group has been created in connection with the initial sale of the Bonds to the public, the agreement of each dealer who is a member of the selling group to comply with the hold-the- offering-price rule, as set forth in a selling group agreement and the related pricing wire(s), and (ii) in the event that the Underwriter is a party to a retail distribution agreement that was employed in connection with the initial sale of the Bonds to the public, the agreement of each broker-dealer that is a party to such agreement to comply with the hold-the-offering-price rule, as set forth in the retail distribution agreement and the related pricing wire(s). The County further acknowledges that the Underwriter shall be solely liable for its failure to comply with its agreement regarding the hold-the-offering-price rule and that the Underwriter shall not be liable for the failure of any dealer who is a member of a selling group, or of any broker-dealer that is a party to a retail distribution agreement, to comply with its corresponding agreement regarding the hold-the-offering-price rule as applicable to the Bonds.

(d) The Underwriter confirms that any selling group agreement and each retail distribution agreement (to which the Underwriter is a party) relating to the initial sale of the Bonds to the public, together with the related pricing wire(s), contains or will contain language obligating the Underwriter, each dealer who is a member of the selling group, and each broker-dealer that is a party to such retail distribution agreement, as applicable, to (A) report DRAFTthe prices at which it sells to the public the unsold Bonds of each maturity allotted to it until it is notified by the Underwriter that either the 10% test has been satisfied as to the Bonds of that maturity or all Bonds of that maturity have been sold to the public and (B) comply with the hold-the-offering-price rule, if applicable, in each case if and for so long as directed by the and as set forth in the related pricing wire(s), and

22 (e) The Underwriter acknowledges that sales of any Bonds to any person that is a related party to the Underwriter shall not constitute sales to the public for purposes of this section. Further, for purposes of this section:

(i) “public” means any person other than an underwriter or a related party,

(ii) “underwriter” means (A) any person that agrees pursuant to a written contract with the County (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the public and (B) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (A) to participate in the initial sale of the Bonds to the public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the public),

(iii) a purchaser of any of the Bonds is a “related party” to an underwriter if the underwriter and the purchaser are subject, directly or indirectly, to (i) more than 50% common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct ownership by one corporation of another), (ii) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another), or (iii) more than 50% common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other), and

(iv) “sale date” means the date of execution of this Bond Purchase Agreement by all parties.

12. Consequences of Termination. If the County shall be unable to satisfy the conditions contained in this Agreement or if the obligations of the Underwriter shall be terminated for any reason permitted by this Agreement, this Agreement shall terminate and the Underwriter and the County shall have no further obligation hereunder, except as further set forth in Sections 13, 15 and 16 hereof.

13. Costs and Expenses.

(a) The Underwriter shall be under no obligation to pay, and the County shall cause to be paid from proceeds of the Bonds the following expenses incident to the issuance of theDRAFT Bonds and performance of the County’s obligations hereunder: (i) the costs of the preparation and printing of the Bonds; (ii) the cost of preparation, printing, and mailing of the Preliminary Limited Offering Memorandum, the final Limited Offering Memorandum and any supplements and amendments thereto; (iii) the fees and disbursements of the County’s financial advisor and legal counsel, the Trustee’s counsel, Bond Counsel, NIA #1-2 Developers’ and Master Developer’s Counsel, and the Trustee relating to the issuance of the Bonds, (iv) the Attorney General’s review fees, (v) the fees 23 and disbursements of accountants, advisers and any other experts or consultants retained by the County or the NIA #1-2 Developers and the Master Developer, including but not limited to the fees and expenses of the Administrator, and (vi) the expenses incurred by or on behalf of County employees and representatives that are incidental to the issuance of the Bonds and the performance by the County of its obligations under this Agreement.

(b) The Underwriter shall pay the following expenses: (i) all advertising expenses in connection with the limited offering of the Bonds; (ii) fees of Underwriter’s Counsel; and (iii) all other expenses, including CUSIP fees (including out-of-pocket expenses and related regulatory expenses), incurred by it in connection with its offering and distribution of the Bonds, except as noted in Subsection 13(a) above.

(c) The County acknowledges that the Underwriter will pay from the Underwriter’s expense allocation of the underwriting discount the applicable per bond assessment charged by the Municipal Advisory Council of Texas, a nonprofit corporation whose purpose is to collect, maintain and distribute information relating to issuing entities of municipal securities.

14. Notice. Any notice or other communication to be given to the County under this Agreement may be given by delivering the same in writing to: Hays County, Texas, 712 South Stagecoach Trail, Suite 1071, San Marcos, Texas 78666, Attention: County Auditor. Any notice or other communication to be given to the Underwriter under this Agreement may be given by delivering the same in writing to: FMSbonds, Inc., 5 Cowboys Way, Suite 300-25, Frisco, Texas 75034, Attention: Tripp Davenport, Director.

15. Entire Agreement. This Agreement is made solely for the benefit of the County and the Underwriter (including their respective successors and assigns), and no other person shall acquire or have any right hereunder or by virtue hereof. All of the County’s representations, warranties, and agreements contained in this Agreement shall remain operative and in full force and effect regardless of: (i) any investigations made by or on behalf of the Underwriter, provided the County shall have no liability with respect to any matter of which the Underwriter has actual knowledge prior to the purchase of the Bonds; or (ii) delivery of any payment for the Bonds pursuant to this Agreement. The agreements contained in the last sentence of Section 1, this Section and in Sections 16 and 18 shall survive any termination of this Agreement.

16. Survival of Representations and Warranties. All representations and warranties of the parties made in, pursuant to or in connection with this Agreement shall survive the execution and delivery of this Agreement, notwithstanding any investigation by the parties. All statements contained in any certificate, instrument, or other writing delivered by a party to this Agreement or in connection with the transactions described in or by this Agreement constitute representations and warrantiesDRAFT by such party under this Agreement to the extent such statement is set forth as a representation and warranty in the instrument in question.

17. Counterparts. This Agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute but one and the same instrument.

24 18. Severability. In case any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof.

19. State Law Governs. The validity, interpretation, and performance of this Agreement shall be governed by the laws of the State of Texas.

20. No Assignment. The rights and obligations created by this Agreement shall not be subject to assignment by the Underwriter or the County without the prior written consent of the other party hereto.

21. No Personal Liability. None of the members of the Commissioners Court, nor any officer, representative, agent, or employee of the County, shall be charged personally by the Underwriter with any liability, or be held liable to the Underwriter under any term or provision of this Agreement, or because of execution or attempted execution, or because of any breach or attempted or alleged breach of this Agreement.

22. Form 1295. Submitted herewith or on a date prior hereto is a completed Form 1295 in connection with the Underwriter’s participation in the execution of this Agreement generated by the Texas Ethics Commission’s (the “TEC”) electronic filing application in accordance with the provisions of Section 2252.908 of the Texas Government Code and the rules promulgated by the TEC (the “Form 1295”). The County hereby confirms receipt of the Form 1295 from the Underwriter, and the County agrees to acknowledge such form with the TEC through its electronic filing application not later than the 30th day after the receipt of such form. The Underwriter and the County understand and agree that, with the exception of information identifying the County and the contract identification number, neither the County nor its consultants are responsible for the information contained in the Form 1295; that the information contained in the Form 1295 has been provided solely by the Underwriter; and, neither the County nor its consultants have verified such information.

23. Anti-Boycott Verification. The Underwriter hereby verifies that it and its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, do not boycott Israel and, to the extent this Agreement is a contract for goods or services, will not boycott Israel during the term of this Agreement. The foregoing verification is made solely to comply with Section 2271.002, Texas Government Code, and to the extent such Section does not contravene applicable State or federal law. As used in the foregoing verification, “boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. The Underwriter understands “affiliate” to mean anDRAFT entity that controls, is controlled by, or is under common control with the Underwriter and exists to make a profit.

24. Iran, Sudan and Foreign Terrorist Organizations. The Underwriter represents that neither it nor any of its parent company, wholly- or majority-owned subsidiaries, and other affiliates is a company identified on a list prepared and maintained by the Texas Comptroller of

25 Public Accounts under Section 2252.153 or Section 2270.0201, Texas Government Code, and posted on any of the following pages of such officer’s internet website:

https://comptroller.texas.gov/purchasing/docs/sudan-list.pdf, https://comptroller.texas.gov/purchasing/docs/iran-list.pdf, or https://comptroller.texas.gov/purchasing/docs/fto-list.pdf.

The foregoing representation is made solely to comply with Section 2252.152, Texas Government Code, and to the extent such Section does not contravene applicable State or federal law and excludes the Underwriter and its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, that the United States government has affirmatively declared to be excluded from its federal sanctions regime relating to Sudan or Iran or any federal sanctions regime relating to a foreign terrorist organization. The Underwriter understands “affiliate” to mean any entity that controls, is controlled by, or is under common control with the Underwriter and exists to make a profit.

DRAFT

26 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first set forth above.

FMSbonds, Inc., as Underwriter

By: Name: Theodore A. Swinarski Title: Senior Vice President, Trading

DRAFT

S-1 Accepted at _____ a.m./p.m. central time on the date first stated above.

HAYS COUNTY, TEXAS

By: Authorized Representative

DRAFT

S-2 SCHEDULE I

$[PAR AMOUNT] HAYS COUNTY, TEXAS SPECIAL ASSESSMENT REVENUE BONDS, SERIES 2020 (La Cima Public Improvement District Neighborhood Improvement Areas #1-2 Project)

Interest Accrues From: Date of Delivery

$______% Term Bonds, Due September 15, 20__, Priced to Yield _____% (a), (c)

$______% Term Bonds, Due September 15, 20__, Priced to Yield _____% (a), (b) (c)

(a) The initial prices or yields of the Bonds are furnished by the Underwriter, have been determined in accordance with the 10% test, and represent the initial offering prices or yields to the public, which may be changed by the Underwriter at any time. (b) The Bonds maturing on September 15, 20__ are subject to redemption, in whole or in part, prior to stated maturity, at the option of the County, on any day on or after September 15, 20__, at the redemption price of 100% of the principal amount plus accrued and unpaid interest to the date of redemption as set forth in the Limited Offering Memorandum under “DESCRIPTION OF THE BONDS — Redemption Provisions.” (c) The Bonds are also subject to mandatory sinking fund redemption and extraordinary optional redemption as described in the Limited Offering Memorandum under “DESCRIPTION OF THE BONDS — Redemption Provisions.”

The Term Bonds are subject to mandatory sinking fund redemption on the dates and in the respective Sinking Fund Installments as set forth in the following schedule.

$______Term Bonds due September 15, 20__

Redemption Date Sinking Fund Installment September 15, 20__ $ September 15, 20__ September 15, 20__†

$______Term Bonds due September 15, 20__ DRAFTRedemption Date Sinking Fund Installment September 15, 20__ $ September 15, 20__ September 15, 20__†

Schedule I-1 APPENDIX A-1

FORM OF NIA #1-2 DEVELOPERS LETTER OF REPRESENTATIONS

$[PAR AMOUNT] HAYS COUNTY, TEXAS, SPECIAL ASSESSMENT REVENUE BONDS, SERIES 2020 (La Cima Public Improvement District Neighborhood Improvement Areas #1-2 Project)

NIA #1-2 DEVELOPERS LETTER OF REPRESENTATIONS

October 20, 2020

Hays County, Texas FMSbonds, Inc. 712 Stagecoach Trail, Suite 1071 5 Cowboys Way, Suite 300-25 San Marcos, Texas 78666 Frisco, Texas 75034

Winstead PC 500 Winstead Building 2728 N. Harwood Street Dallas, Texas 75201

Ladies and Gentlemen:

This letter is being delivered to Hays County, Texas (the “County”) and FMSbonds, Inc. (the “Underwriter”), in consideration for your entering into the Bond Purchase Agreement dated the date hereof (the “Bond Purchase Agreement”) for the sale and purchase of the $[PAR AMOUNT] “Hays County, Texas, Special Assessment Revenue Bonds, Series 2020 (La Cima Public Improvement District Neighborhood Improvement Areas #1-2 Project)” (the “Bonds”). Pursuant to the Bond Purchase Agreement, the Underwriter has agreed to purchase from the County, and the County has agreed to sell to the Underwriter, the Bonds. In order to induce the County to enter intoDRAFT the Bond Purchase Agreement and as consideration for the execution, delivery, and sale of the Bonds by the County and the purchase of them by the Underwriter, the undersigned, LCSM Ph. 1-1, LLC, a Texas limited liability company (“LCSM 1-1”), LCSM Ph. 1-2, LLC, a Texas limited liability company (LCSM 1-1”), and LCSM Ph. 2, LLC, a Texas limited liability company (“LCSM 2” and together with LCSM 1-1 and LCSM 1-2, the “NIA #1- 2 Developers”), makes the representations, warranties, and covenants contained in this NIA #1-2 Developers Letter of Representations. Unless the context clearly indicates otherwise, each

A-1-1 capitalized term used and not otherwise defined in this NIA #1-2 Developers Letter of Representations will have the meaning set forth in the Bond Purchase Agreement.

1. Purchase and Sale of Bonds. Inasmuch as the purchase and sale of the Bonds represents a negotiated transaction, the NIA #1-2 Developers understand, and hereby confirm, that the Underwriter is not acting as a fiduciary of the NIA #1-2 Developers, but rather is acting solely in its capacity as Underwriter of the Bonds for its own account.

2. Updating of the Limited Offering Memorandum. If, after the date of this NIA #1- 2 Developers Letter of Representations, up to and including the date the Underwriter is no longer required to provide a Limited Offering Memorandum to potential customers who request the same pursuant to Rule 15c2-12 (the earlier of (i) ninety (90) days from the “end of the underwriting period” (as defined in Rule 15c2-12) and (ii) the time when the Limited Offering Memorandum is available to any person from the MSRB, but in no case less than twenty-five (25) days after the “end of the underwriting period” for the Bonds), the NIA #1-2 Developers become aware of any fact or event which might or would cause the Limited Offering Memorandum, as then supplemented or amended, to contain any untrue statement of a material fact or to omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading, or if it is necessary to amend or supplement the Limited Offering Memorandum to comply with law, the NIA #1-2 Developers will notify the County and the Underwriter (and for the purposes of this clause provide the County and the Underwriter with such information as they may from time to time request); however, that for the purposes of this NIA #1-2 Developers Letter of Representations and any certificate delivered by the NIA #1-2 Developers in accordance with the Bond Purchase Agreement, the NIA #1-2 Developers make no representations with respect to (i) the descriptions in the Preliminary Limited Offering Memorandum or the Limited Offering Memorandum of The Depository Trust Company, New York, New York, or its book-entry-only system and (ii) the information in the Preliminary Limited Offering Memorandum and the Limited Offering Memorandum under the captions “THE COUNTY,” “THE DISTRICT,” “BONDHOLDERS’ RISKS” (except as it pertains to the NIA #1-2 Developers, the NIA #1-2 Improvements and the Development, as defined in the Limited Offering Memorandum), “TAX MATTERS,” “LEGAL MATTERS — Litigation — The County,” “CONTINUING DISCLOSURE — The County” and “— The County’s Compliance with Prior Undertakings” and “INFORMATION RELATING TO THE TRUSTEE.”

3. NIA #1-2 Developers Representations, Warranties and Covenants. The NIA #1-2 Developers represent, warrant, and covenant to the County and the Underwriter that:

(a) Due Organization and Existence. The NIA #1-2 Developers are duly formed and validlyDRAFT existing as a limited liability companies under the laws of the State of Texas.

(b) NIA #1-2 Developers Documents. The NIA #1-2 Developers have executed and delivered each of the below listed documents (individually, a “NIA #1-2 Developer Document” and collectively, the “NIA #1-2 Developers Documents”) in the capacity provided for in each such NIA #1-2 Developers Document, and each such NIA

A-1-2 #1-2 Developers Document constitutes a valid and binding obligation of the NIA #1-2 Developers, enforceable against the NIA #1-2 Developers in accordance with its terms:

(i) this NIA #1-2 Developers Letter of Representations;

(ii) that certain “Amended and Restated Development Agreement” between Lazy Oaks Ranch, LP, a Texas limited partnership, the City of San Marcos and the County, effective September, 2014, as amended by a Second Amended and Restated Development Agreement effective May 22, 2018, and as amended by a Third Amended and Restated Development Agreement effective September 8, 2020, (the “Development Agreement”);

(iii) that certain Continuing Disclosure Agreement of the Developer with respect to the Bonds, dated as of November 1, 2020 (the “Continuing Disclosure Agreement of the NIA #1-2 Developers”), made by and among La Cima San Marcos, LLC (the “Master Developer”), the NIA #1-2 Developers, P3Works, LLC, as Administrator, and Specialized Public Finance Inc., as dissemination agent;

(iv) (i) the La Cima Public Improvement Reimbursement Agreement Neighborhood Improvement Area #1 – Phase 1 – Section 1, executed and delivered by the County and LCSM 1-1, dated as of March 20, 2018, (the “Phase 1 – Section 1 Reimbursement Agreement”) (ii) the La Cima Public Improvement Reimbursement Agreement Neighborhood Improvement Area #1 – Phase 1 – Section 2, executed and delivered by the County and LCSM 1-2, dated as of March 20, 2018, (the “Phase 1 – Section 2 Reimbursement Agreement” and, together with the Phase 1 – Section 1 Reimbursement Agreement, the “NIA #1 Reimbursement Agreements”), and (iii) the La Cima Public Improvement Reimbursement Agreement Neighborhood Improvement Area #2, executed and delivered by the County and LCSM 2, dated as of June 4, 2019, (the “NIA #2 Reimbursement Agreement” and, together with the NIA #1 Reimbursement Agreement, the “Reimbursement Agreements”);

(v) the La Cima Public Improvement District, Neighborhood Improvement Area #2 Landowner Agreement, dated as of February 25, 2020, executed and delivered by the County and LCSM 2 (the “Landowner DRAFTAgreement”); and (vi) any other documents and certificates of the NIA #1-2 Developers described in any of the foregoing (i) through (v) above.

The NIA #1-2 Developers have complied in all material respects with all of the NIA #1-2 Developers’ agreements and covenants and satisfied all conditions required to

A-1-3 be complied with or satisfied by the NIA #1-2 Developers under the NIA #1-2 Developers Documents on or prior to the date hereof.

The representations and warranties of the NIA #1-2 Developers contained in the NIA #1-2 Developers Documents are true and correct in all material respects on and as of the date hereof.

(c) Organizational Documents. The copies of the organizational documents of the NIA #1-2 Developers provided by the NIA #1-2 Developers (the “NIA #1-2 Developers Organizational Documents”) to the County and the Underwriter are fully executed, true, correct, and complete copies of such documents and such documents have not been amended or supplemented since delivery to the County and the Underwriter and are in full force and effect as of the date hereof.

(d) Due Authorization and Approval. By all necessary action, the NIA #1-2 Developers have duly authorized an approved its execution and delivery of the NIA #1-2 Developers Documents and the performance by the NIA #1-2 Developers of its obligations contained in the NIA #1-2 Developers Documents as of the date hereof, such authorizations and approvals are in full force and effect and have not been amended, modified or rescinded.

(e) No Breach. The execution and delivery of the NIA #1-2 Developers Documents by the NIA #1-2 Developers does not violate any judgment, order, writ, injunction or decree binding on the NIA #1-2 Developers or any indenture, agreement, or other instrument to which the NIA #1-2 Developers are a party.

(f) No Litigation. Other than as described in the Preliminary Limited Offering Memorandum and in the Limited Offering Memorandum, there are no proceedings pending or threatened in writing before any court or administrative agency against the NIA #1-2 Developers that is either not covered by insurance or which singularly or collectively would have a material, adverse effect on the ability of the NIA #1-2 Developers to perform its obligations under the NIA #1-2 Developers Documents in all material respects or that would reasonably be expected to prevent or prohibit the development of the Development in accordance with the description thereof in the Preliminary Limited Offering Memorandum and the Limited Offering Memorandum.

(g) Information. The information prepared and submitted by the NIA #1-2 Developers to the County or the Underwriter in connection with the preparation of the Preliminary Limited Offering Memorandum and the Limited Offering Memorandum was, and is, as of thisDRAFT date, true and correct in all material respects. (h) Consent to Bond Issuance. The NIA #1-2 Developers hereby consent to the issuance of the Bonds.

(i) Agreement. The NIA #1-2 Developers covenant that, while the Bonds are outstanding, the NIA #1-2 Developers will not bring any action, suit proceeding, inquiry or investigation at law or in equity, before any court, regulatory agency, public board or body which in any way seeks to challenge or overturn the District, the validity

A-1-4 of the NIA #1-2 Developers Documents, the levy or collection of the Special Assessments or the validity of the Bonds or the proceedings relating to their issuance.

(j) Permits, Licenses, Etc. The NIA #1-2 Developers have obtained and there are currently in force and effect, or the NIA #1-2 Developers are not aware of any fact that will prevent the NIA #1-2 Developers from receiving at or prior to the Closing Date or by the date required or necessary therefor, all consents, permits, licenses, certificates and other approvals (governmental or otherwise) required of it that

(i) are necessary to conduct the NIA #1-2 Developers’ business as it is currently being conducted;

(ii) would constitute a condition precedent to, or the absence of which would materially adversely affect, the performance of its obligations under this Agreement, the NIA #1-2 Developers Documents and any other material agreement or instrument to which they are a party and which is to be used or contemplated for use in the consummation of the transactions described herein or by the Limited Offering Memorandum relating to the financing and construction of the Neighborhood Improvement Areas #1-2 Improvements; or

(iii) are necessary for the acquisition, construction and operation of the NIA #1-2 Improvements.

(k) Events of Default. No “Event of Default” or “event of default” by the NIA #1-2 Developers under any of the NIA #1-2 Developers Documents, any documents to which the NIA #1-2 Developers are a party described in the Preliminary Limited Offering Memorandum or the Limited Offering Memorandum, or under any material documents relating to the financing and construction of the NIA #1-2 Improvements to which the NIA #1-2 Developers are a party, or event that, with the passage of time or the giving of notice or both, would constitute such “Event of Default” or “event of default,” by the NIA #1-2 Developers has occurred and is continuing.

(l) Financing. Other than the Special Assessments, no debt will be issued nor will any additional liens be placed on the property within the District in order to complete the construction of the Neighborhood Improvement Areas #1-2 Improvements unless such debt or additional liens are subordinate to the liens created by the levy of the Special Assessments, and the NIA #1-2 Developers provides written notice of such subordination to the lender of such subordinate debt and the County. (m)DRAFT Taxes and Special Assessments. All ad valorem taxes and Special Assessments are current on the property which the NIA #1-2 Developers own within the District.

(n) Preliminary Limited Offering Memorandum. The NIA #1-2 Developers represent and warrant that the information set forth in the Preliminary Limited Offering Memorandum under the captions “PLAN OF FINANCE,” “THE NEIGHBORHOOD IMPROVEMENT AREAS #1-2 IMPROVEMENTS,” “THE DEVELOPMENT,” “THE

A-1-5 ORIGINAL LANDOWNER, THE MASTER DEVELOPER AND THE NIA #1-2 DEVELOPERS”, “CONTINUING DISCLOSURE — The Master Developer and the NIA #1-2 Developers” and “— The Master Developer’s and Original Landowners’ Compliance with Prior Undertakings” and, to the best of the NIA #1-2 Developers’ knowledge after due inquiry, under the captions “BONDHOLDERS’ RISKS” (only as it pertains to the NIA #1-2 Developers, the NIA #1-2 Improvements and the Development, as defined in the Limited Offering Memorandum), and “LEGAL MATTERS — Litigation — The Master Developer and the NIA #1-2 Developers” is true and correct and does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. The NIA #1-2 Developers agree to provide a certificate dated the Closing Date affirming, as of such date, the representations contained in this subsection (n) with respect to the Preliminary Limited Offering Memorandum.

(o) Limited Offering Memorandum. The NIA #1-2 Developers represent and warrant that the information set forth in the Limited Offering Memorandum under the captions “PLAN OF FINANCE,” “THE NEIGHBORHOOD IMPROVEMENT AREAS #1-2 IMPROVEMENTS,” “THE DEVELOPMENT,” “THE ORIGINAL LANDOWNER, THE MASTER DEVELOPER AND THE NIA #1-2 DEVELOPERS” and “CONTINUING DISCLOSURE — The Master Developer and the NIA #1-2 Developers” and, to the best of the NIA #1-2 Developer’s knowledge after due inquiry, under the captions “BONDHOLDERS’ RISKS” (only as it pertains to the NIA #1-2 Developers, the Neighborhood Improvement Areas #1-2 Improvements and the Development, as defined in the Limited Offering Memorandum), “LEGAL MATTERS — Litigation — The Master Developer and the NIA #1-2 Developers” and CONTINUING DISCLOSURE — The Master Developer and the NIA #1-2 Developers” and “— The Master Developer’s and Original Landowners’ Compliance with Prior Undertakings” is true and correct and does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. The NIA #1-2 Developers agrees to provide a certificate dated the Closing Date affirming, as of such date, the representations contained in this subsection (o) with respect to the Limited Offering Memorandum.

(p) Intentional Actions Regarding Representations and Warranties. The NIA #1-2 Developers covenant that between the date hereof and the Closing they will not intentionally take actions which will cause the representations and warranties made in this Section to be untrue as of the Closing. 4. Indemnification.DRAFT (a) The NIA #1-2 Developers will indemnify and hold harmless the County and the Underwriter and each of their officers, directors, employees and agents against any losses, claims, damages or liabilities to which any of them may become subject, under the Securities Act or otherwise, insofar as such losses, claims, damages or liabilities (or actions in respect thereof) arise out of or are based upon an untrue statement or alleged untrue statement of a material fact contained or incorporated by reference in

A-1-6 the Preliminary Limited Offering Memorandum and the Limited Offering Memorandum under the captions “PLAN OF FINANCE,” “THE NEIGHBORHOOD IMPROVEMENT AREAS #1-2 IMPROVEMENTS,” “THE DEVELOPMENT,” “THE ORIGINAL LANDOWNER, THE MASTER DEVELOPER, AND THE NIA #1-2 DEVELOPERS” “BONDHOLDERS’ RISKS” (only as it pertains to the NIA #1-2 Developers, the Neighborhood Improvement Areas #1-2 Improvements, and the Development), “LEGAL MATTERS — Litigation – The Master Developer and the NIA #1-2 Developers”, and “CONTINUING DISCLOSURE — The Master Developer and the NIA #1-2 Developers” and “— The Master Developer and Original Landowners’ Compliance with Prior Undertakings” or any amendment or supplement to the Limited Offering Memorandum amending or supplementing the information contained under the aforementioned captions (as qualified above), or arise out of or are based upon the omission untrue statement or alleged untrue statement or omission to state therein a material fact necessary to make the statements under the aforementioned captions (as qualified above) not misleading under the circumstances under which they were made and will reimburse any indemnified party for any reasonable legal or other expenses reasonably incurred by them in connection with investigating or defending any such action or claim as such expenses are incurred.

(b) Promptly after receipt by an indemnified party under subsection (a) above of notice of the commencement of any action, such indemnified party shall, if a claim in respect thereof is to be made against the indemnifying party under such subsection, notify the indemnifying party in writing of the commencement thereof; but the omission so to notify the indemnifying party shall not relieve the indemnifying party from any liability which it may have to the indemnified party otherwise than under such subsection, unless such indemnifying party was prejudiced by such delay or lack of notice. In case any such action shall be brought against an indemnified party, it shall promptly notify the indemnifying party of the commencement thereof, the indemnifying party shall be entitled to participate therein and, to the extent that it shall wish, to assume the defense thereof, with counsel reasonably satisfactory to such indemnified party (who shall not, except with the consent of the indemnified party, be counsel to the indemnifying party), and, after notice from the indemnifying party to such indemnified party of its election so to assume the defense thereof, the indemnifying party shall not be liable to such indemnified party under such subsection for any legal expenses of other counsel or any other expenses, in each case subsequently incurred by such indemnified party, in connection with the defense thereof other than reasonable costs of investigation. The indemnifying party shall not be liable for any settlement of any such action effected without its consent, but if settled with the consent of the indemnifying party or if there is a final judgment for the plaintiff in any such action, the indemnifying party will indemnify andDRAFT hold harmless any indemnified party from and against any loss or liability by reason of such settlement or judgment. The indemnity herein shall survive delivery of the Bonds and shall survive any investigation made by or on behalf of the County, the NIA #1-2 Developers, or the Underwriter.

5. Survival of Representations, Warranties and Covenants. All representations, warranties, and agreements in this NIA #1-2 Developers Letter of Representations will survive regardless of (a) any investigation or any statement in respect thereof made by or on behalf of the

A-1-7 Underwriter, (b) delivery of any payment by the Underwriter for the Bonds hereunder, and (c) any termination of the Bond Purchase Agreement.

6. Binding on Successors and Assigns. This NIA #1-2 Developers Letter of Representations will be binding upon the NIA #1-2 Developers and its successors and assigns and inure solely to the benefit of the Underwriter and the County, and no other person or firm or entity will acquire or have any right under or by virtue of this NIA #1-2 Developers Letter of Representations.

[Signatures to Follow]

DRAFT

A-1-8 NIA #1-2 DEVELOPERS:

LCSM PH. 1-1, LLC a Texas limited liability company

By: ______Name: ______Its: ______

LCSM PH. 1-2, LLC a Texas limited liability company

By: ______Name: ______Its: ______

LCSM PH. 2, LLC a Texas limited liability company

By: ______Name: ______Its: ______

DRAFT

A-1-9 APPENDIX A-2

FORM OF MASTER DEVELOPER LETTER OF REPRESENTATIONS

$[PAR AMOUNT] HAYS COUNTY, TEXAS, SPECIAL ASSESSMENT REVENUE BONDS, SERIES 2020 (La Cima Public Improvement District Neighborhood Improvement Areas #1-2 Project)

MASTER DEVELOPER LETTER OF REPRESENTATIONS

October 20, 2020

Hays County, Texas FMSbonds, Inc. 712 Stagecoach Trail, Suite 1071 5 Cowboys Way, Suite 300-25 San Marcos, Texas 78666 Frisco, Texas 75034

Winstead PC 500 Winstead Building 2728 N. Harwood Street Dallas, Texas 75201

Ladies and Gentlemen:

This letter is being delivered to Hays County, Texas (the “County”) and FMSbonds, Inc. (the “Underwriter”), in consideration for your entering into the Bond Purchase Agreement dated the date hereof (the “Bond Purchase Agreement”) for the sale and purchase of the $[PAR AMOUNT] “Hays County, Texas, Special Assessment Revenue Bonds, Series 2020 (La Cima Public Improvement District Neighborhood Improvement Areas #1-2 Project)” (the “Bonds”). Pursuant to the Bond Purchase Agreement, the Underwriter has agreed to purchase from the County, and the County has agreed to sell to the Underwriter, the Bonds. In order to induce the County to enter into the Bond Purchase Agreement and as consideration for the execution, delivery, and sale of DRAFTthe Bonds by the County and the purchase of them by the Underwriter, the undersigned, La Cima San Marcos, LLC, a Texas limited liability company (“the “Master Developer”), makes the representations, warranties, and covenants contained in this Master Developer Letter of Representations. Unless the context clearly indicates otherwise, each capitalized term used and not otherwise defined in this Master Developer Letter of Representations will have the meaning set forth in the Bond Purchase Agreement.

A-2-1 1. Purchase and Sale of Bonds. Inasmuch as the purchase and sale of the Bonds represents a negotiated transaction, the Master Developer understands, and hereby confirms, that the Underwriter is not acting as a fiduciary of the Master Developer, but rather is acting solely in its capacity as Underwriter of the Bonds for its own account.

2. Updating of the Limited Offering Memorandum. If, after the date of this Master Developer Letter of Representations, up to and including the date the Underwriter is no longer required to provide a Limited Offering Memorandum to potential customers who request the same pursuant to Rule 15c2-12 (the earlier of (i) ninety (90) days from the “end of the underwriting period” (as defined in Rule 15c2-12) and (ii) the time when the Limited Offering Memorandum is available to any person from the MSRB, but in no case less than twenty-five (25) days after the “end of the underwriting period” for the Bonds), the Master Developer becomes aware of any fact or event which might or would cause the Limited Offering Memorandum, as then supplemented or amended, to contain any untrue statement of a material fact or to omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading, or if it is necessary to amend or supplement the Limited Offering Memorandum to comply with law, the Master Developer will notify the County and the Underwriter (and for the purposes of this clause provide the County and the Underwriter with such information as they may from time to time request); however, that for the purposes of this Master Developer Letter of Representations and any certificate delivered by the Master Developer in accordance with the Bond Purchase Agreement, the Master Developer makes no representations with respect to (i) the descriptions in the Preliminary Limited Offering Memorandum or the Limited Offering Memorandum of The Depository Trust Company, New York, New York, or its book-entry-only system and (ii) the information in the Preliminary Limited Offering Memorandum and the Limited Offering Memorandum under the captions “THE COUNTY,” “THE DISTRICT,” “BONDHOLDERS’ RISKS” (except as it pertains to the Master Developer, the NIA #1-2 Improvements and the Development, as defined in the Limited Offering Memorandum), “TAX MATTERS,” “LEGAL MATTERS — Litigation — The County,” “CONTINUING DISCLOSURE — The County” and “— The County’s Compliance with Prior Undertakings” and “INFORMATION RELATING TO THE TRUSTEE.”

3. Master Developer Representations, Warranties and Covenants. The Master Developer represents, warrants, and covenants to the County and the Underwriter that:

(a) Due Organization and Existence. The Master Developer is duly formed and validly existing as a limited liability companies under the laws of the State of Texas. (b)DRAFT Master Developer Documents. The Master Developer has executed and delivered each of the below listed documents (individually, a “Master Developer Document” and collectively, the “Master Developer Documents”) in the capacity provided for in each such Master Developer Document, and each such Master Developer Document constitutes a valid and binding obligation of the Master Developer, enforceable against the Master Developer in accordance with its terms:

(i) this Master Developer Letter of Representations;

A-2-2 (ii) that certain Continuing Disclosure Agreement of the Developer with respect to the Bonds, dated as of November 1, 2020 (the “Continuing Disclosure Agreement of the Developer”), made by and among LCSM Ph. 1-1, LLC, a Texas limited liability company (“LCSM 1-1”), LCSM Ph. 1-2, LLC, a Texas limited liability company (LCSM 1-1”), and LCSM Ph. 2, LLC, a Texas limited liability company (“LCSM 2” and together with LCSM 1-1 and LCSM 1-2, the “NIA #1-2 Developers”), the Master Developer, P3Works, LLC, as Administrator, and Specialized Public Finance Inc., as dissemination agent; and

(iii) any other documents and certificates of the Master Developer described in any of the foregoing (i) and (ii) above.

The Master Developer has complied in all material respects with all of the Master Developer agreements and covenants and satisfied all conditions required to be complied with or satisfied by the Master Developer under the Master Developer Documents on or prior to the date hereof.

The representations and warranties of the Master Developer contained in the Master Developer Documents are true and correct in all material respects on and as of the date hereof.

(c) Organizational Documents. The copies of the organizational documents of the Master Developer provided by the Master Developer (the “Master Developer Organizational Documents”) to the County and the Underwriter are fully executed, true, correct, and complete copies of such documents and such documents have not been amended or supplemented since delivery to the County and the Underwriter and are in full force and effect as of the date hereof.

(d) Due Authorization and Approval. By all necessary action, the Master Developer has duly authorized and approved its execution and delivery of the Master Developer Documents and the performance by the Master Developer of its obligations contained in the Master Developer Documents as of the date hereof, such authorizations and approvals are in full force and effect and have not been amended, modified or rescinded.

(e) No Breach. The execution and delivery of the Master Developer Documents by the Master Developer does not violate any judgment, order, writ, injunction or decree binding on the Master Developer or any indenture, agreement, or other instrumentDRAFT to which the Master Developer is a party. (f) No Litigation. Other than as described in the Preliminary Limited Offering Memorandum and in the Limited Offering Memorandum, there are no proceedings pending or threatened in writing before any court or administrative agency against the Master Developer that is either not covered by insurance or which singularly or collectively would have a material, adverse effect on the ability of the Master Developer to perform its obligations under the Master Developer Documents in all material respects

A-2-3 or that would reasonably be expected to prevent or prohibit the development of the Development in accordance with the description thereof in the Preliminary Limited Offering Memorandum and the Limited Offering Memorandum.

(g) Information. The information prepared and submitted by the Master Developer to the County or the Underwriter in connection with the preparation of the Preliminary Limited Offering Memorandum and the Limited Offering Memorandum was, and is, as of this date, true and correct in all material respects.

(h) Consent to Bond Issuance. The Master Developer hereby consents to the issuance of the Bonds.

(i) Agreement. The Master Developer covenants that, while the Bonds are outstanding, the Master Developer will not bring any action, suit proceeding, inquiry or investigation at law or in equity, before any court, regulatory agency, public board or body which in any way seeks to challenge or overturn the District, the validity of the Master Developer Documents, the levy or collection of the Special Assessments or the validity of the Bonds or the proceedings relating to their issuance.

(j) Permits, Licenses, Etc. The Master Developer has obtained and there are currently in force and effect, or the Master Developer is not aware of any fact that will prevent the Master Developer from receiving at or prior to the Closing Date or by the date required or necessary therefor, all consents, permits, licenses, certificates and other approvals (governmental or otherwise) required of it that

(i) are necessary to conduct the Master Developer’s business as it is currently being conducted;

(ii) would constitute a condition precedent to, or the absence of which would materially adversely affect, the performance of its obligations under this Agreement, the Master Developer Documents and any other material agreement or instrument to which they are a party and which is to be used or contemplated for use in the consummation of the transactions described herein or by the Limited Offering Memorandum relating to the financing and construction of the Neighborhood Improvement Areas #1-2 Improvements; or

(iii) are necessary for the acquisition, construction and operation of the NIA #1-2 Improvements. (k)DRAFT Events of Default. No “Event of Default” or “event of default” by the Master Developer under any of the Master Developer Documents, any documents to which the Master Developer is a party described in the Preliminary Limited Offering Memorandum or the Limited Offering Memorandum, or under any material documents relating to the financing and construction of the NIA #1-2 Improvements to which the Master Developer is a party, or event that, with the passage of time or the giving of notice or both, would constitute such “Event of Default” or “event of default,” by the Master Developer has occurred and is continuing.

A-2-4 (l) Financing. Other than the Special Assessments, no debt will be issued nor will any additional liens be placed on the property within the District in order to complete the construction of the Neighborhood Improvement Areas #1-2 Improvements unless such debt or additional liens are subordinate to the liens created by the levy of the Special Assessments, and the Master Developer provides written notice of such subordination to the lender of such subordinate debt and the County.

(m) Taxes and Special Assessments. All ad valorem taxes and Special Assessments are current on the property which the Master Developer owns within the District.

(n) Preliminary Limited Offering Memorandum. The Master Developer represents and warrants that the information set forth in the Preliminary Limited Offering Memorandum under the captions “PLAN OF FINANCE,” “THE NEIGHBORHOOD IMPROVEMENT AREAS #1-2 IMPROVEMENTS,” “THE DEVELOPMENT,” “THE ORIGINAL LANDOWNER, THE MASTER DEVELOPER AND THE NIA #1-2 DEVELOPERS” and “CONTINUING DISCLOSURE — The Master Developer and the NIA #1-2 Developers” and “— The Master Developer’s and Original Landowners’ Compliance with Prior Undertakings” and, to the best of the Master Developer’s knowledge after due inquiry, under the captions “BONDHOLDERS’ RISKS” (only as it pertains to the Master Developer, the NIA #1-2 Improvements and the Development, as defined in the Limited Offering Memorandum) and “LEGAL MATTERS — Litigation — The Master Developer and the NIA #1-2 Developers” is true and correct and does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. The Master Developer agrees to provide a certificate dated the Closing Date affirming, as of such date, the representations contained in this subsection (n) with respect to the Preliminary Limited Offering Memorandum.

(o) Limited Offering Memorandum. The Master Developer represents and warrants that the information set forth in the Limited Offering Memorandum under the captions “PLAN OF FINANCE,” “THE NEIGHBORHOOD IMPROVEMENT AREAS #1-2 IMPROVEMENTS,” “THE DEVELOPMENT,” “THE ORIGINAL LANDOWNER, THE MASTER DEVELOPER AND THE NIA #1-2 DEVELOPERS” and “CONTINUING DISCLOSURE — The Master Developer and the NIA #1-2 Developers” and “— The Master Developer’s and Original Landowners’ Compliance with Prior Undertakings” and, to the best of the Master Developer’s knowledge after due inquiry, under the captions “BONDHOLDERS’ RISKS” (only as it pertains to the Master Developer, the NIA #1-2 Improvements and the Development, as defined in the Limited Offering Memorandum)DRAFT and “LEGAL MATTERS — Litigation — The Master Developer and the NIA #1-2 Developers” is true and correct and does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. The Master Developer agrees to provide a certificate dated the Closing Date affirming, as of such date, the representations contained in this subsection (o) with respect to the Limited Offering Memorandum.

A-2-5 (p) Intentional Actions Regarding Representations and Warranties. The Master Developer covenants that between the date hereof and the Closing they will not intentionally take actions which will cause the representations and warranties made in this Section to be untrue as of the Closing.

4. Indemnification.

(a) The Master Developer will indemnify and hold harmless the County and the Underwriter and each of their officers, directors, employees and agents against any losses, claims, damages or liabilities to which any of them may become subject, under the Securities Act or otherwise, insofar as such losses, claims, damages or liabilities (or actions in respect thereof) arise out of or are based upon an untrue statement or alleged untrue statement of a material fact contained or incorporated by reference in the Preliminary Limited Offering Memorandum and the Limited Offering Memorandum under the captions “PLAN OF FINANCE,” “THE NEIGHBORHOOD IMPROVEMENT AREAS #1-2 IMPROVEMENTS,” “THE DEVELOPMENT,” “THE ORIGINAL LANDOWNER, THE MASTER DEVELOPER AND THE NIA #1-2 DEVELOPERS,” “BONDHOLDERS’ RISKS” (only as it pertains to the Master Developer, the NIA #1-2 Improvements, and the Development), “LEGAL MATTERS — Litigation – The Master Developer and the NIA #1-2 Developers”, and “CONTINUING DISCLOSURE — The Master Developer and the NIA #1-2 Developers,” and “— The Master Developer’s and Original Landowners’ Compliance with Prior Undertakings,” or any amendment or supplement to the Limited Offering Memorandum amending or supplementing the information contained under the aforementioned captions (as qualified above), or arise out of or are based upon the omission, untrue statement or alleged untrue statement or omission to state therein a material fact necessary to make the statements under the aforementioned captions (as qualified above) not misleading under the circumstances under which they were made and will reimburse any indemnified party for any reasonable legal or other expenses reasonably incurred by them in connection with investigating or defending any such action or claim as such expenses are incurred.

A-2-6 connection with the defense thereof other than reasonable costs of investigation. The indemnifying party shall not be liable for any settlement of any such action effected without its consent, but if settled with the consent of the indemnifying party or if there is a final judgment for the plaintiff in any such action, the indemnifying party will indemnify and hold harmless any indemnified party from and against any loss or liability by reason of such settlement or judgment. The indemnity herein shall survive delivery of the Bonds and shall survive any investigation made by or on behalf of the County, the Master Developer, or the Underwriter.

5. Survival of Representations, Warranties and Covenants. All representations, warranties, and agreements in this Master Developer Letter of Representations will survive regardless of (a) any investigation or any statement in respect thereof made by or on behalf of the Underwriter, (b) delivery of any payment by the Underwriter for the Bonds hereunder, and (c) any termination of the Bond Purchase Agreement.

6. Binding on Successors and Assigns. This Master Developer Letter of Representations will be binding upon the Master Developer and its successors and assigns and inure solely to the benefit of the Underwriter and the County, and no other person or firm or entity will acquire or have any right under or by virtue of this Master Developer Letter of Representations.

[Signatures to Follow]

DRAFT

A-2-7 MASTER DEVELOPER:

LA CIMA SAN MARCOS, LLC a Texas limited liability company

By: ______Name: ______Its: ______

DRAFT

A-2-8 APPENDIX B

$[PAR AMOUNT] HAYS COUNTY, TEXAS, SPECIAL ASSESSMENT REVENUE BONDS, SERIES 2020 (LA CIMA PUBLIC IMPROVEMENT DISTRICT NEIGHBORHOOD IMPROVEMENT AREAS #1-2 PROJECT)

ISSUE PRICE CERTIFICATE

The undersigned, on behalf of FMSbonds, Inc. (the “Purchaser”), hereby certifies as set forth below with respect to the sale and issuance of the Special Assessment Revenue Bonds, Series 2020 (La Cima Public Improvement District Neighborhood Improvement Areas #1-2 Project) (the “Bonds”) by the Hays County, Texas (the “County”).

1. Sale of the General Rule Maturities. As of the date of this certificate, for each Maturity of the General Rule Maturities, the first price at which at least 10% of such Maturity was sold to the Public is the respective price listed in Schedule A (the “Initial Offering Prices”). A copy of the pricing wire or equivalent communication for the Bonds is attached to this certificate as Schedule B.

2. Initial Offering Price of the Hold-the-Offering-Price Maturities.

(a) The Purchaser offered the Hold-the-Offering-Price Maturities to the Public for purchase at the respective Initial Offering Prices listed in Schedule A on or before the Sale Date.

(b) As set forth in the Bond Purchase Agreement, the Purchaser agreed in writing on or prior to the Sale Date that, (i) for each Maturity of the Hold-the-Offering-Price Maturities, they would neither offer nor sell any of the Bonds of such Maturity to any person at a price that is higher than the Initial Offering Price for such Maturity during the Holding Period for such Maturity (the “Hold-The-Offering-Price Rule”), and (ii) any selling group agreement shall contain the agreement of each dealer who is a member of the selling group, and any retail or other third-party distribution agreement shall contain the agreement of each broker-dealer who is a party to the retail or other third-party distribution agreement, to comply with the hold-the- offering-price rule. Pursuant to such agreement, no Underwriter (as defined below) offered or sold any Maturity of the Hold-the-Offering-Price Maturities at a price that is higher than the respective Initial Offering Price for that Maturity of the Bonds during the Holding Period.

3. Insurance Premium. The present value of the interest savings expected to be realized as a result of the insurance premium (the “Insurance Premium”) paid to insure the Bonds exceeds the present valueDRAFT of the Insurance Premium discounted at a rate equal to the yield on the Bonds which results assuming recovery of the Insurance Premium. Also, the Insurance Premium does not exceed a reasonable arms-length charge for the transfer of credit risk.

4. Issue Price. The sum of the Initial Offering Prices is $______[, plus pre- issuance accrued interest in the amount of $_____]. [The Bonds were issued without pre- issuance accrued interest.]

B-1 5. Defined Terms.

(a) General Rule Maturities means those Maturities of the Bonds listed in Schedule A hereto as the “General Rule Maturities.”

(b) Hold-the-Offering-Price Maturities means those Maturities of the Bonds listed in Schedule A hereto as the “Hold-the-Offering-Price Maturities.”

(c) Holding Period means, with respect to a Hold-the-Offering-Price Maturity, the period starting on the Sale Date and ending on the earlier of (i) the close of the fifth business day after the Sale Date, or (ii) the date on which the Underwriter sold at least 10% of such Hold-the- Offering-Price Maturity to the Public at prices that are no higher than the Initial Offering Price for such Hold-the-Offering-Price Maturity.

(d) Maturity means Bonds with the same credit and payment terms. Bonds with different maturity dates, or Bonds with the same maturity date but different stated interest rates, are treated as separate maturities.

(e) Public means any person (including an individual, trust, estate, partnership, association, company, or corporation) other than the Underwriter or a related party to the Underwriter. The term “related party” for purposes of this certificate generally means any two or more persons who have greater than 50 percent common ownership, directly or indirectly.

(f) Sale Date means the first day on which there is a binding contract in writing for the sale of a Maturity of the Bonds. The Sale Date of the Bonds is ______.

(g) Underwriter means (i) any person that agrees pursuant to a written contract with the County (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the Public, and (ii) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (i) of this paragraph to participate in the initial sale of the Bonds to the Public (including a member of a selling group or a party to a third-party distribution agreement participating in the initial sale of the Bonds to the Public). DRAFT[EXECUTION PAGE FOLLOWS]

B-2 The Purchaser understands that the foregoing information will be relied upon by the County with respect to certain of the representations set forth in the Tax Certificate to which this certificate is included as Exhibit A and with respect to compliance with the federal income tax rules affecting the Bonds, and by Orrick, Herrington & Sutcliffe LLP, in connection with its opinion as to the exclusion of interest on the Bonds from federal gross income, the preparation of the Internal Revenue Service Form 8038-G, and other federal income tax advice that it may give to the County from time to time relating to the Bonds. The Purchaser is certifying only as to facts in existence on the date hereof. Nothing herein represents the Purchaser’s interpretation of any laws; in particular the Treasury Regulations under the Internal Revenue Code of 1986, or the application of any laws to these facts. The certifications contained herein are not necessarily based on personal knowledge, but may instead be based on either inquiry deemed adequate by the undersigned or institutional knowledge (or both) regarding the matters set forth herein.

EXECUTED and DELIVERED this ______, 2020.

FMSbonds, Inc.

By:

Name:

Title: DRAFT

B-3 SCHEDULE A

PRICING WIRE OR EQUIVALENT COMMUNICATION

(Attached)

DRAFT APPENDIX C

[LETTERHEAD OF OFFICE OF GENERAL COUNSEL]

November 12, 2020

FMSbonds, Inc. BOKF, NA, a national banking association 5 Cowboys Way, Suite 300-25 1401 McKinney, Suite 1000 Frisco, Texas 75034 Houston, Texas 77010

Hays County, Texas 712 Stagecoach Trail, Suite 1071 San Marcos, Texas 78666

$[PAR AMOUNT] HAYS COUNTY, TEXAS, SPECIAL ASSESSMENT REVENUE BONDS, SERIES 2020 (La Cima Public Improvement District Neighborhood Improvement Areas #1-2 Project)

Ladies and Gentlemen:

I am an Attorney for Hays County, Texas (the “County”), and am rendering this opinion in connection with the issuance and sale of $[PAR AMOUNT] “Hays County, Texas, Special Assessment Revenue Bonds, Series 2020 (La Cima Public Improvement District Neighborhood Improvement Areas #1-2 Project)” (the “Bonds”), by the County, a political subdivision of the State of Texas.

The Bonds are authorized pursuant to Order No. [______] and enacted by the Commissioners Court of the County (the “Commissioners Court”) on October 20, 2020 (the “Bond Order”) and shall be issued pursuant to the provisions of Subchapter A of the Public Improvement District Assessment Act, Chapter 372, Texas Local Government Code, as amended (the “Act”) and the Indenture of Trust dated as of November 1, 2020 (the “Indenture”) by and between the County and BOKF, NA, a national banking association, as trustee (the “Trustee”). Capitalized terms not defined herein shall have the same meanings as in the Indenture, unless otherwise stated herein. In connectionDRAFT with rendering this opinion, I have reviewed the: (a) The Resolution No. 30162 enacted by the Commissioners Court on September 23, 2014 (the “Creation Resolution”).

(b) The Ordinance No. 32472, adopted by the Commissioners Court on March 20, 2018 (the “NIA #1 Assessment Order”) and the Ordinance No. 34898, adopted by the

C-1 Commissioners Court on February 25, 2020 (the “NIA #2 Assessment Order” and together with the NIA #1 Assessment Order, the “Assessment Orders”).

(d) The Indenture.

(e) That certain “Amended and Restated Development Agreement” between Lazy Oaks Ranch, LP, a Texas limited partnership, (the “Original Landowner”), the City of San Marcos and the County, effective September, 2014, as amended by a Second Amended and Restated Development Agreement effective May 22, 2018, and as amended by a Third Amended and Restated Development Agreement effective September 8, 2020, (the “Development Agreement”).

(f) That certain (i) La Cima Public Improvement Reimbursement Agreement Neighborhood Improvement Area #1 – Phase 1 – Section 1, executed and delivered by the County and LCSM Ph. 1-1, a Texas limited liability company (“LCSM 1-1”), dated as of March 20, 2018, (the “Phase 1 – Section 1 Reimbursement Agreement”) (ii) La Cima Public Improvement Reimbursement Agreement Neighborhood Improvement Area #1 – Phase 1 – Section 2, executed and delivered by the County and LCSM Ph. 1-2, LLC a Texas limited liability company (“LCSM 1-2”), dated as of March 20, 2018, (the “Phase 1 – Section 2 Reimbursement Agreement” and, together with the Phase 1 – Section 1 Reimbursement Agreement, the “NIA #1 Reimbursement Agreements”), and (iii) La Cima Public Improvement Reimbursement Agreement Neighborhood Improvement Area #2, executed and delivered by the County and LCSM Ph. 2, LLC, a Texas limited liability company “LCSM 2” and together with LCSM 1-1 and LCSM 1-2, the “NIA #1-2 Developers), dated as of June 4, 2019, (the “NIA #2 Reimbursement Agreement” and, together with the NIA #1 Reimbursement Agreement, the “Reimbursement Agreements”);

(g) the La Cima Public Improvement District, Neighborhood Improvement Area #2 Landowner Agreement, dated as of February 25, 2020, executed and delivered by the County and LCSM 2 (the “Landowner Agreement”); and

(h) That certain Continuing Disclosure Agreement of the County, with respect to the Bonds, dated as of November 1, 2020 (the “County Continuing Disclosure Agreement”), executed and delivered by the County, P3Works, LLC (the “Administrator”), and Specialized Public Finance, Inc., as Dissemination Agent.

The Creation Resolution, the Assessment Orders and Bond Order shall herein after be referred to as the “Authorizing Documents” and the remaining documents shall herein after be collectively referred toDRAFT as the “County Documents.” In all such examinations, I have assumed that all signatures on documents and instruments executed by the County are genuine and that all documents submitted to me as copies conform to the originals. In addition, for purposes of this opinion, I have assumed the due authorization, execution and delivery of the County Documents by all parties other than the County.

C-2 Based upon and subject to the foregoing and the additional qualifications and assumptions set forth herein, I am are of the opinion that:

1. The County is a Texas political subdivision and has all necessary power and authority to enter into and perform its obligations under the Authorizing Documents and the County Documents. The County has taken or obtained all actions, approvals, consents and authorizations required of it by applicable laws in connection with the execution of the Authorizing Documents and the County Documents and the performance of its obligations thereunder.

2. To the best of my knowledge, there is no action, suit, proceeding, inquiry or investigation at law or in equity, before or by any court, public board or body, pending, or threatened against the County: (a) affecting the existence of the County or the titles of its officers to their respective offices, (b) in any way questioning the formation or existence of the District, (c) affecting, contesting or seeking to prohibit, restrain or enjoin the delivery of any of the Bonds, or the payment, collection or application of any amounts pledged or to be pledged to pay the principal of and interest on the Bonds, including the Special Assessments in Neighborhood Improvement Areas #1-2 of the District pursuant to the provisions of the Assessment Orders, the Bond Order and the Amended and Restated Service and Assessment Plan referenced therein, (d) contesting or affecting the validity or enforceability or the County’s performance of the County Documents, (e) contesting the exclusion of the interest on the Bonds from federal income taxation, or (f) which may result in any material adverse change relating to the financial condition of the County.

3. The Authorizing Documents were duly enacted by the County and remain in full force and effect on the date hereof.

4. The County Documents have been duly authorized, executed and delivered by the County and remain legal, valid and binding obligations of the County enforceable against the County in accordance with their terms. However, the enforceability of the obligations of the County under such County Documents may be limited or otherwise affected by (a) bankruptcy, insolvency, reorganization, moratorium and other laws affecting the rights of creditors generally, (b) principles of equity, whether considered at law or in equity, and (c) the application of Texas law relating to action by future councils and relating to governmental immunity applicable to governmental entities.

5. The performance by the County of the obligations under the Authorizing Documents and the County Documents will not violate any provision of any Federal or Texas constitutional or statutory provision. 6. No furtherDRAFT consent, approval, authorization, or order of any court or governmental agency or body or official is required to be obtained by the County as a condition precedent to the performance by the County of its obligations under the Authorizing Documents and the County Documents.

7. The County has duly authorized, executed and delivered the Preliminary Limited Offering Memorandum and the Limited Offering Memorandum.

C-3 8. The adoption of the Authorizing Documents and the execution and delivery of the County Documents and the compliance with the provisions of the Authorizing Documents and the County Documents under the circumstances contemplated thereby, to the best of my knowledge: (a) do not and will not in any material respect conflict with or constitute on the part of the County a breach of or default under any agreement to which the County is a party or by which it is bound, and (b) do not and will not in any material respect conflict with or constitute on the part of the County a violation, breach of or default under any existing law, regulation, court order or consent decree to which the County is subject.

This opinion may not be relied upon by any other person except those specifically addressed in this letter.

Very truly yours,

______

JORDAN M. POWELL ASSISTANT GENERAL COUNSEL HAYS COUNTY OFFICE OF GENERAL COUNSEL ATTORNEY FOR THE COUNTY

DRAFT

C-4 APPENDIX D

[LETTERHEAD OF DUBOIS, BRYANT & CAMPBELL, LLP]

November 12, 2020

Hays County, Texas FMSbonds, Inc. 712 Stagecoach Trail, Suite 1071 5 Cowboys Way, Suite 300-25 San Marcos, Texas 78666 Frisco, Texas 75034

BOKF, NA, a national banking association Winstead PC 1401 McKinney, Suite 1000 2728 N. Harwood Street Houston, Texas 77010 Dallas, Texas 75201

Orrick, Herrington & Sutcliffe LLP 300 W 6th Street, Suite 1850 Austin, Texas 78701

$[PAR AMOUNT] HAYS COUNTY, TEXAS, SPECIAL ASSESSMENT REVENUE BONDS, SERIES 2020 (La Cima Public Improvement District Neighborhood Improvement Areas #1-2 Project)

Ladies & Gentlemen: We have acted as special counsel to LCSM Ph. 1-1, LLC, a Texas limited liability company (“LCSM 1-1”), LCSM Ph. 1-2, LLC, a Texas limited liability company (LCSM 1-1”), and LCSM Ph. 2, LLC, a Texas limited liability company (“LCSM 2” and together with LCSM 1-1 and LCSM 1-2, the “NIA #1-2 Developers”) and La Cima San Marcos, LLC, a Texas limited liability company (the “Master Developer”) in connection with the issuance and sale by Hays County, Texas (the “County”), of $[PAR AMOUNT] Hays County, Texas, Special Assessment Revenue Bonds, Series 2020 (La Cima Public Improvement District Neighborhood Improvement Areas #1-2 Project) (the “Bonds”), pursuant to the Indenture of Trust dated as of November 1, 2020 (the “Indenture”), by and between the County and BOKF, NA, a national banking association, as trustee (the “Trustee”). Proceeds from the sale of the Bonds will be used, in part, to fund certain public infrastructure improvements in the development known as “La Cima” (the “Development”) locatedDRAFT in Hays County, Texas (the “County”).

The Bonds are being sold by FMSbonds, Inc. (the “Underwriter”), pursuant to that certain Bond Purchase Agreement dated October 20, 2020 (the “Bond Purchase Agreement”), between the County and the Underwriter.

D-1 All capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto in the Bond Purchase Agreement.

In our capacity as special counsel to the NIA #1-2 Developers and the Master Developer and for purposes of rendering the opinions set forth herein, we have examined originals or copies, certified or otherwise identified to our satisfaction, of:

(a) The following documents (collectively, the “Material Documents”):

(1) That certain Amended and Restated Development Agreement between Lazy Oaks Ranch, LP, a Texas limited partnership, the City of San Marcos and the County, effective September, 2014, as amended by a Second Amended and Restated Development Agreement effective May 22, 2018, and as amended by a Third Amended and Restated Development Agreement effective September 8, 2020, (the “Development Agreement”);

(2) the NIA #1-2 Developers Letter of Representations dated as of October 20, 2020;

(3) the Master Developer Letter of Representations dated as of October 20, 2020;

(4) that certain La Cima Public Improvement District Neighborhood Improvement Area #2 Landowner Agreement, dated as of February 25, 2020, executed and delivered by the County and LCSM 2 (the “Landowner Agreement”);

(5) the certain that certain Continuing Disclosure Agreement of the Developer with respect to the Bonds, dated as of November 1, 2020 (the “Continuing Disclosure Agreement of the Developer”), made by and among the Master Developer, the NIA #1-2 Developers, P3Works, LLC, as Administrator, and Specialized Public Finance Inc., as dissemination agent (the “Continuing Disclosure Agreement of the Developer”);

(6) the certain (i) La Cima Public Improvement Reimbursement Agreement Neighborhood Improvement Area #1 – Phase 1 – Section 1, executed and delivered by the County and LCSM 1-1, dated as of March 20, 2018, (the “Phase 1 – Section 1 Reimbursement Agreement”) (ii) La Cima Public Improvement Reimbursement Agreement Neighborhood Improvement Area #1 – Phase 1 – Section 2, executed and delivered by the County and LCSM 1-2, dated as of March 20, 2018, (the “Phase 1 – Section 2 Reimbursement Agreement”DRAFT and, together with the Phase 1 – Section 1 Reimbursement Agreement, the “NIA #1 Reimbursement Agreements”), and (iii) La Cima Public Improvement Reimbursement Agreement Neighborhood Improvement Area #2, executed and delivered by the County and LCSM 2, dated as of June 4, 2019, (the “NIA #2 Reimbursement Agreement” and, together with the NIA #1 Reimbursement Agreement, the “Reimbursement Agreements”);

D-2 (b) General Certificate of the NIA #1-2 Developers and the Closing Certificate of the NIA #1-2 Developers, each dated as of the date hereof (together, the “NIA #1-2 Developers Certificate”) ;

(c) The General Certificate of the Master Developer and the Closing Certificate of the Master Developer, each dated as of the date hereof (together, the “Master Developer Certificate”);

(d) The Preliminary Limited Offering Memorandum, dated September 30, 2020 relating to the issuance of the Bonds (the “Preliminary Limited Offering Memorandum”);

(e) The final Limited Offering Memorandum, dated October 20, 2020, relating to the issuance of the Bonds (collectively with the Preliminary Limited Offering Memorandum, the “Limited Offering Memorandum”); and

(f) Such other documents, records, agreements and certificates of the NIA #1-2 Developers and the Master Developer as we have deemed necessary or appropriate to render the opinions expressed below.

In basing the opinions and other matters set forth herein on “our knowledge,” the words “our knowledge” signify that, in the course of our representation of the NIA #1-2 Developers, and the Master Developer the principal attorneys in this firm involved in the current actual transaction do not have actual knowledge or actual notice that any such opinions or other matters are not accurate or that any of the documents, certificates, reports and information on which we have relied are not accurate and complete. Except as otherwise stated herein, we have undertaken no independent investigation or certification of such matters. The words “our knowledge” and similar language used herein are intended to be limited to the knowledge of the attorneys within our firm who have worked on the matters contemplated by our representation as special counsel.

In rendering the opinions set forth herein, we have assumed, without independent investigation (other than the NIA #1-2 Developers and the Master Developer), that: (i) the due authorization, execution, and delivery of each of the documents referred to in this opinion letter by all parties thereto and that each such document constitutes a valid, binding, and enforceable obligation of each party thereto, (ii) all of the parties to the documents referred to in this opinion letter are duly organized, validly existing, in good standing and have the requisite power, authority (corporate, limited liability company, partnership or other) and legal right to execute, deliver, and perform its obligations under such documents (except to the extent set forth in our opinions set forth herein regarding valid existence and power and authority of the NIA #1-2 Developers, and the Master Developer to execute, deliver, and perform its obligations under the Material Documents),DRAFT (iii) each certificate from governmental officials reviewed by us is accurate, complete, and authentic, and all official public records are accurate and complete, (iv) the legal capacity of all natural persons, (v) the genuineness of all signatures (other than those of the NIA #1-2 Developers and the Master Developer in respect of the Material Documents), (vi) the authenticity and accuracy of all documents submitted to us as originals, (vii) the conformity to original documents of all documents submitted to us as photostatic or certified copies, (viii) that no laws or judicial, administrative, or other action of any governmental authority of any jurisdiction not expressly opined to herein would adversely affect the opinions set forth herein,

D-3 and (ix) that the execution and delivery by each party of, and performance of its agreements in, the Material Documents do not breach or result in a default under any existing obligation of such party under any agreements, contracts or instruments to which such party is a party to or otherwise subject to or any order, writ, injunction or decree of any court applicable to such party.

In addition, we have assumed that the Material Documents accurately reflect the complete understanding of the parties with respect to the transactions contemplated thereby and the rights and obligations of the parties thereunder. We have also assumed that the terms and conditions of the transaction as reflected in the Material Documents have not been amended, modified or supplemented, directly or indirectly, by any other agreement or understanding of the parties or waiver of any of the material provisions of the Material Documents.

We assume that none of the parties to the Material Documents (other than the NIA #1-2 Developers and the Master Developer) is a party to any court or regulatory proceeding relating to or otherwise affecting the Material Documents or is subject to any order, writ, injunction or decree of any court or federal, state or local governmental agency or commission that would prohibit the execution and delivery of the Material Documents, or the consummation of the transactions therein contemplated in the manner therein provided, or impair the validity or enforceability thereof. We assume that each of the parties to the Material Documents (other than the NIA #1-2 Developers and the Master Developer) has full authority to close this transaction in accordance with the terms and provisions of the Material Documents.

We assume that neither the County and its counsel does not have any current actual knowledge of any facts not known to us or any law or judicial decision which would make the opinions set forth herein incorrect, and that no party upon whom we have relied for purposes of this opinion letter has perpetrated a fraud.

We have only been engaged by our clients in connection with the Material Documents (and the transactions contemplated in the Material Documents) and do not represent these clients generally.

Opinions and Assurances Based solely upon the foregoing, and subject to the assumptions and limitations set forth herein, we are of the opinion that:

1. The NIA #1-2 Developers and the Master Developer are limited liability companies duly formed, validly existing and in good standing under the laws of the State of Texas. 2. The DRAFT NIA #1-2 Developers and the Master Developer have the power and authority to execute and delivery the Material Documents to which they are a party, and to perform its obligations thereunder.

3. The execution and delivery by the NIA #1-2 Developers and the Master Developer of the respective Material Documents to which each is a party, and the performance by the NIA #1-2 Developers, and the Master Developer of their respective obligations under the Material Documents will not (i) violate any applicable law; or (ii) conflict with or result in the

D-4 breach of any court decree or order of any governmental body identified in the NIA #1-2 Developers Certificate and the Master Developer Certificate or otherwise actually known to the lawyers who have provided substantive attention to the representation reflected in this opinion binding upon or affecting the NIA #1-2 Developers and the Master Developer, the conflict with which or breach of which would have a material, adverse effect on the ability of the NIA #1-2 Developers and the Master Developer to perform their respective obligations under the Material Documents to which it is a party.

4. To our knowledge, no governmental approval which has not been obtained or taken is required to be obtained or taken by the NIA #1-2 Developers and the Master Developer on or before the date hereof as a condition to the performance by the NIA #1-2 Developers and the Master Developer of their obligations under the Material Documents to which it is a party, except for governmental approvals that may be required to comply with certain covenants contained in the Material Documents (including, without limitation, covenants to comply with applicable laws).

5. The NIA #1-2 Developers and the Master Developer have duly executed and delivered each of the Material Documents to which each is a party, and each of the Material Documents constitute the legal, valid, and binding obligations of the NIA #1-2 Developers and the Master Developer (to the extent that the NIA #1-2 Developers and the Master Developer are a party thereto), enforceable against the NIA #1-2 Developers and the Master Developer in accordance with their respective terms, subject to the following qualifications: (i) the effect of applicable bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting the rights of creditors generally, and (ii) the effect of the exercise of judicial discretion in accordance with general principles of equity (whether applied by a court of law or of equity), and (iii) the effect that enforceability of the indemnification provisions therein may be limited, in whole or in part. The execution, delivery, and performance by the NIA #1-2 Developers and the Master Developer of its of their respective obligations under the Material Documents do not violate any existing laws of the State of Texas applicable to the NIA #1-2 Developers and the Master Developer.

6. To our knowledge after reasonable inquiry, there are no actions, suits or proceedings pending or threatened against the NIA #1-2 Developers identified in the NIA #1-2 Developers Certificate or the Master Developer identified in the Master Developer Certificate, or otherwise actually known to the lawyers who have provided substantive attention to the representation reflected in this opinion in any court of law or equity, or before or by any governmental instrumentality with respect to (i) their organization or existence or qualification to do business in the State of Texas; (ii) their authority to execute or deliver the Material Documents to which they are a party; (iii) the titles of the parties executing the Material Documents; (iv) the execution,DRAFT delivery, validity or enforceability of the Material Documents on behalf of the NIA #1-2 Developers or the Master Developer; (v) the operations or financial condition of the NIA #1-2 Developers and the Master Developer that would materially adversely affect those operations or the financial condition of the NIA #1-2 Developers or the Master Developer; or (vi) the acquisition and construction of the property and improvements identified in the Limited Offering Memorandum the cost of which is to be funded or reimbursed, in whole or in part, by the proceeds of the Bonds.

D-5 7. The execution and delivery of the Material Documents do not, and the transactions described therein may be consummated and the terms and conditions thereof may be observed and performed in a manner that does not, conflict with or constitute a breach of or default under any loan agreement, Indenture, bond note, resolution, agreement or other instrument to which the NIA #1-2 Developers, or the Master Developer is a party or is otherwise subject which violation, breach or default would materially adversely affect the NIA #1-2 Developers or the Master Developer, or its performance of its obligations under the transactions described in the Material Documents; nor will any such execution, delivery, adoption, fulfillment, or compliance result in the creation or imposition of any lien, charge, or other security interest or encumbrance of any nature whatsoever upon any of the property or assets of the NIA #1-2 Developers or the Master Developer, except as expressly described in the Material Documents (a) under applicable law or (b) under any such loan agreement, indenture, bond note, resolution, agreement, or other instrument.

8. The information set forth in the Limited Offering Memorandum under the captions “PLAN OF FINANCE — The District,” “— Development Plan and Status of Development,” and “— Financing of Development in the District,” “THE NEIGHBORHOOD IMPROVEMENT AREAS #1-2 IMPROVEMENTS,” “THE DEVELOPMENT,” “THE ORIGINAL LANDOWNER, THE MASTER DEVELOPER AND THE NIA #1-2 DEVELOPERS,” “BONDHOLDERS’ RISKS” (only as it pertains to the NIA #1-2 Developers, the Master Developer, the NIA #1-2 Improvements and the Development, as defined in the Limited Offering Memorandum),” “LEGAL MATTERS — Litigation — The Master Developer and the NIA #1-2 Developers,” “CONTINUING DISCLOSURE — The Master Developer and the NIA #1-2 Developers,” and “— The Master Developer and Original Landowners’ Compliance with Prior Undertakings,” adequately and fairly describe the information summarized under such captions and are correct as to matters of law.

7. Subject to the below qualifications and based upon our participation in the preparation of the Limited Offering Memorandum and our participation at conferences with representatives of the Underwriter and its Counsel, of the County and its counsel, and with representatives of the NIA #1-2 Developers and the Master Developer at which the Limited Offering Memorandum and related matters were discussed, and although we have not independently verified the information in the Limited Offering Memorandum and are not passing upon and do not assume any responsibility for the accuracy, completeness or fairness of the statements contained in the Limited Offering Memorandum and any amendment or supplement thereto, no facts have come to our attention that lead us to believe that the information set forth under the captions referenced in the preceding paragraph as of the date of the Limited Offering Memorandum and the date hereof, contained or contains any untrue statement of a material fact, or omitted or omits to state any material fact required to be stated therein or necessary to make the statements therein,DRAFT in the light of the circumstances under which they were made, not misleading.

Qualifications

In addition to any assumptions, qualifications and other matters set forth elsewhere herein, the opinions set forth above are subject to the following assumptions and qualifications:

D-6 (a) We have not examined any court dockets, agency files or other public records regarding the entry of any judgments, writs, decrees or orders or the pendency of any actions, proceedings, investigations or litigation.

(b) We have relied upon the NIA #1-2 Developers Certificate and the Master Developer Certificate, as well as the representations of the NIA #1-2 Developers and the Master Developer contained in the Material Documents, with respect to certain facts material to our opinion. Except as otherwise specifically indicated herein, we have made no independent investigation regarding any of the foregoing documents or the representations contained therein.

(c) Our opinion delivered pursuant to Section 3 above is subject to the effect of any applicable bankruptcy, insolvency, reorganization, fraudulent conveyance, moratorium or other laws affecting creditors’ rights generally and to the effect of general principles of equity, including (without limitation) remedies of specific performance and injunctive relief and concepts of materiality, reasonableness, good faith and fair dealing (regardless of whether considered in a proceeding in equity or at law).

(d) Except for the Material Documents, we have not reviewed, and express no opinion as to, any other contracts or agreements to which the NIA #1-2 Developers and the Master Developer is a party or by which the NIA #1-2 Developers and the Master Developer are or may be bound.

(e) The opinions expressed herein are based upon and limited to the applicable laws of the State of Texas and the laws of the United States of America, excluding the principles of conflicts of laws thereof, as in effect as of the date hereof, and our knowledge of the facts relevant to such opinions on such date. In this regard, we note that we are members of the Bar of the State of Texas, we do not express any opinion herein as to matters governed by the laws of any other jurisdiction, except the United States of America, we do not purport to be experts in any other laws and we can accept no responsibility for the applicability or effect of any such laws. In addition, we assume no obligation to supplement the opinions expressed herein if any applicable laws change after the date hereof, or if we become aware of any facts or circumstances that affect the opinions expressed herein.

(f) This letter is strictly limited to the matters expressly set forth herein and no statements or opinions should be inferred beyond such matters.

(g) Notwithstanding anything contained herein to the contrary, we express no opinion whatsoever concerning the status of title to any real or personal property.

(h) The opinions expressed herein regarding the enforceability of the Material Documents are subjectDRAFT to the qualification that certain of the remedial, waiver or other provisions thereof may not be enforceable; but such unenforceability will not, in our judgment, render the Material Documents invalid as a whole or substantially interfere with the practical realization of the principal legal benefits provided in the Material Documents, except to the extent of any economic consequences of any procedural delays which may result therefrom.

D-7 (i) The opinion expressed herein as to the enforceability of the Material Documents is specifically subject to the qualification that enforceability of the Material Documents is limited by the following: (i) the rights of the United States under the Federal Tax Lien Act of 1966, as amended; (ii) principles of equity, public policy and unconscionability which may limit the availability of certain remedies; (iii) bankruptcy, insolvency, reorganization, fraudulent conveyance, liquidation, probate, conservatorship and other laws applicable to creditors’ rights or the collection of debtors’ obligations generally; and (iv) requirements of due process under the United States Constitution, the Constitution of the State of Texas and other laws or court decisions limiting the rights of creditors to repossess, foreclose or otherwise realize upon the property of a debtor without appropriate notice or hearing or both.

(j) We express no opinion as to whether a court would grant specific performance or any other equitable remedy with respect to the enforcement of the Material Documents.

(k) We express no opinion as to the validity, binding effect, or enforceability of: (i) provisions which purport to waive rights or notices, including rights to trial by jury, counterclaims or defenses, jurisdiction or venue; (ii) provisions relating to consent judgments, waivers of defenses or the benefits of statutes of limitations, marshaling of assets, the transferability of any assets which by their nature are nontransferable, sales in inverse order of alienation, or severance; (iii) provisions purporting to waive the benefits of present or of future laws relating to exemptions, appraisement, valuation, stay of execution, redemption, extension of time for payment, setoff and similar debtor protection laws; or (iv) provisions requiring a party to pay fees and expenses regardless of the circumstances giving rise to such fees or expenses or the reasonableness thereof.

(l) The opinions expressed herein are subject to the effect of generally applicable rules of law that provide that forum selection clauses in contracts are not necessarily binding on the court(s) in the forum selected.

(m) We express no opinion as to the enforceability of any provisions in the Material Documents purporting to entitle a party to indemnification in respect of any matters arising in whole or in part by reason of any negligent, illegal or wrongful act or omission of such party.

This opinion is furnished to those parties addressed in this letter solely in connection with the transactions, for the purposes and on the terms described above and may not be relied upon for any other purpose or by any other person in any manner or for any purpose.

Very truly yours, DRAFT______DUBOIS BRYANT &CAMPBELL ATTORNEY FOR THE NIA #1-2 DEVELOPERS AND THE MASTER DEVELOPER

D-8 APPENDIX E-1

CLOSING CERTIFICATE OF NIA #1-2 DEVELOPERS

LCSM Ph. 1-1, LLC, a Texas limited liability company (“LCSM 1-1”), LCSM Ph. 1-2, LLC, a Texas limited liability company (LCSM 1-1”), and LCSM Ph. 2, LLC, a Texas limited liability company (“LCSM 2” and together with LCSM 1-1 and LCSM 1-2, the “NIA #1-2 Developers”) DO HEREBY CERTIFY the following as of the date hereof. All capitalized terms not otherwise defined herein shall have the meaning given to such term in the Limited Offering Memorandum.

1. The NIA #1-2 Developers are limited liability companies organized, validly existing and in good standing under the laws of the State of Texas.

2. Representatives of the NIA #1-2 Developers have provided information to Hays County, Texas (the “County”) and FMSbonds, Inc. (the “Underwriter”) to be used in connection with the offering by the County of its $[PAR AMOUNT] aggregate principal amount of Special Assessment Revenue Bonds, Series 2020 (La Cima Public Improvement District Neighborhood Improvement Areas #1-2 Project) (the “Bonds”), pursuant to the County’s Preliminary Limited Offering Memorandum, dated September 30, 2020, and Limited Offering Memorandum dated October 20, 2020 (together, the “Limited Offering Memorandum”).

3. The NIA #1-2 Developers have delivered to the Underwriter and the County true, correct, complete and fully executed copies of the NIA #1-2 Developers’ organizational documents, and such documents have not been amended or supplemented since delivery to the County and the Underwriter and are in full force and effect as of the date hereof.

4. The NIA #1-2 Developers have delivered to the Underwriter and the County a (i) Certificate of Good Standing from the Texas Secretary of State and (ii) verification of franchise tax account status from the Texas Comptroller of Public Accounts for the NIA #1-2 Developers.

5. The NIA #1-2 Developers have executed and delivered each of the below listed documents (individually, a “Developer Document” and collectively, the “Developer Documents”) in the capacity provided for in each such Developer Document, and each such Developer Document constitutes a valid and binding obligation of Developer, enforceable against Developer in accordance with its terms:

(a) that certain NIA #1-2 Developers Letter of Representation dated October 20, 2020; (b)DRAFT that certain “Amended and Restated Development Agreement” between Lazy Oaks Ranch, LP, a Texas limited partnership, the City of San Marcos and the County, effective September, 2014, as amended by a Second Amended and Restated Development Agreement effective May 22, 2018, and as amended by a Third Amended and Restated Development Agreement effective September 8, 2020, (the “Development Agreement”);

E-1-1 (c) that certain Continuing Disclosure Agreement of the Developer with respect to the Bonds, dated as of November 1, 2020 (the “Continuing Disclosure Agreement of the Developer”), made by and among La Cima San Marcos, LLC (the “Master Developer”), the NIA #1-2 Developers, P3Works, LLC, as Administrator, and Specialized Public Finance Inc., as dissemination agent;

(d) the certain (i) the La Cima Public Improvement Reimbursement Agreement Neighborhood Improvement Area #1 – Phase 1 – Section 1, executed and delivered by the County and LCSM 1-1, dated as of March 20, 2018, (the “Phase 1 – Section 1 Reimbursement Agreement”) (ii) the La Cima Public Improvement Reimbursement Agreement Neighborhood Improvement Area #1 – Phase 1 – Section 2, executed and delivered by the County and LCSM 1-2, dated as of March 20, 2018, (the “Phase 1 – Section 2 Reimbursement Agreement” and, together with the Phase 1 – Section 1 Reimbursement Agreement, the “NIA #1 Reimbursement Agreements”), and (iii) the La Cima Public Improvement Reimbursement Agreement Neighborhood Improvement Area #2, executed and delivered by the County and LCSM 2, dated as of June 4, 2019, (the “NIA #2 Reimbursement Agreement” and, together with the NIA #1 Reimbursement Agreement, the “Reimbursement Agreements”); and

(e) the certain La Cima Public Improvement District Neighborhood Improvement Area #2 Landowner Agreement, dated as of February 25, 2020, executed and delivered by the County and LCSM 2 (the “Landowner Agreement”).

6. The NIA #1-2 Developers have complied in all material respects with all of the NIA #1-2 Developers’ agreements and covenants and satisfied all conditions required to be complied with or satisfied by the NIA #1-2 Developers under the NIA #1-2 Developers Documents on or prior to the date hereof.

7. The representations and warranties of the NIA #1-2 Developers contained in the NIA #1-2 Developers Documents are true and correct in all material respects on and as of the date hereof.

8. The execution and delivery of the Developer Documents by the NIA #1-2 Developers does not violate any judgment, order, writ, injunction or decree binding on the NIA #1-2 Developers or any indenture, agreement, or other instrument to which the NIA #1-2 Developers are a party. There are no proceedings pending or threatened in writing before any court or administrative agency against the NIA #1-2 Developers that are either not covered by insurance or which singularly or collectively would have a material, adverse effect on the ability of the NIA #1-2 Developers to perform their obligations under the Developer Documents in all material respects or that would reasonably be expected to prevent or prohibit the development of the Development inDRAFT accordance with the description thereof in the Limited Offering Memorandum.

9. The NIA #1-2 Developers have reviewed and approved the information contained in the Limited Offering Memorandum under the captions “PLAN OF FINANCE,” “THE NEIGHBORHOOD IMPROVEMENT AREAS #1-2 IMPROVEMENTS,” “THE DEVELOPMENT,” “THE ORIGINAL LANDOWNER, THE MASTER DEVELOPER AND

E-1-2 THE NIA #1-2 DEVELOPERS” “BONDHOLDERS’ RISKS” (only as it pertains to the NIA #1- 2 Developers, the Neighborhood Improvement Areas #1-2 Improvements and the Development), “LEGAL MATTERS — Litigation — The Master Developer and the NIA #1-2 Developers,” and “CONTINUING DISCLOSURE — The Master Developer and the NIA #1-2 Developers,” and certifies that the same does not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in the light of the circumstances under which they are made, not misleading respecting such Developer and the Development, provided, however, that the foregoing certification is not a certification as to the accuracy, completeness or fairness of any of the other statements contained in the Limited Offering Memorandum.

10. The NIA #1-2 Developers are in compliance in all material respects with all provisions of applicable law in all material respects relating to the NIA #1-2 Developers in connection with the Development. Except as otherwise described in the Limited Offering Memorandum: (a) there is no default of any zoning condition, land use permit or development agreement binding upon the NIA #1-2 Developers or any portion of the Development that would materially and adversely affect the NIA #1-2 Developers’ ability to complete or cause to be completed the development of the Development as described in the Limited Offering Memorandum; and (b) we have no reason to believe that any additional permits, consents and licenses required to complete the Development as and in the manner described in the Limited Offering Memorandum will not be reasonably obtainable in due course.

11. The NIA #1-2 Developers are not insolvent and has not made an assignment for the benefit of creditors, filed or consented to a petition in bankruptcy, petitioned or applied (or consented to any third party petition or application) to any tribunal for the appointment of a custodian, receiver or any trustee or commenced any proceeding under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution or liquidation law or statute of any jurisdiction.

12. The levy of the Special Assessments (as defined in the Limited Offering Memorandum) on property in Neighborhood Improvement Areas #1-2 of the District will not conflict with or constitute a breach of or default under any agreement, mortgage, deed of trust, indenture or other instrument to which the NIA #1-2 Developers are a party or to which the NIA #1-2 Developers or any of its property or assets is subject.

13. The NIA #1-2 Developers are not in default under any mortgage, trust indenture, lease or other instrument to which it or any of its assets is subject, which default would have a material and adverse effect on the Bonds or the development of the Development.

14. The NIA #1-2 Developers have no knowledge of any physical condition of the Development to be DRAFT owned or to be developed by the NIA #1-2 Developers that currently requires, or currently is reasonably expected to require in the process of development investigation or remediation under any applicable federal, state or local governmental laws or regulations relating to the environment in any material and adverse respect.

Dated: ______, 2020

E-1-3 NIA #1-2 DEVELOPERS:

LCSM PH. 1-1, LLC a Texas limited liability company

By: ______Name: ______Its: ______

LCSM PH. 1-2, LLC a Texas limited liability company

By: ______Name: ______Its: ______

LCSM PH. 2, LLC a Texas limited liability company

By: ______Name: ______Its: ______

DRAFT

E-1-4 APPENDIX E-2

CLOSING CERTIFICATE OF THE MASTER DEVELOPER

La Cima San Marcos, LLC, a Texas limited liability company (“the “Master Developer”), DOES HEREBY CERTIFY the following as of the date hereof. All capitalized terms not otherwise defined herein shall have the meaning given to such term in the Limited Offering Memorandum.

1. The Master Developer is a limited liability company organized, validly existing and in good standing under the laws of the State of Texas.

2. Representatives of the Master Developer has provided information to Hays County, Texas (the “County”) and FMSbonds, Inc. (the “Underwriter”) to be used in connection with the offering by the County of its $[PAR AMOUNT] aggregate principal amount of Special Assessment Revenue Bonds, Series 2020 (La Cima Public Improvement District Neighborhood Improvement Areas #1-2 Project) (the “Bonds”), pursuant to the County’s Preliminary Limited Offering Memorandum, dated September 30, 2020, and Limited Offering Memorandum dated October 20, 2020 (together, the “Limited Offering Memorandum”).

3. The Master Developer has delivered to the Underwriter and the County true, correct, complete and fully executed copies of the Master Developer’s organizational documents, and such documents have not been amended or supplemented since delivery to the County and the Underwriter and are in full force and effect as of the date hereof.

4. The Master Developer has delivered to the Underwriter and the County a (i) Certificate of Good Standing from the Texas Secretary of State and (ii) verification of franchise tax account status from the Texas Comptroller of Public Accounts for the Master Developer.

5. The Master Developer has executed and delivered each of the below listed documents (individually, a “Developer Document” and collectively, the “Developer Documents”) in the capacity provided for in each such Developer Document, and each such Developer Document constitutes a valid and binding obligation of Developer, enforceable against Developer in accordance with its terms:

(a) that certain Master Developer Letter of Representation dated October 20, 2020; and

(b) that certain Continuing Disclosure Agreement of the Developer with respect to the Bonds, dated as of November 1, 2020 (the “Continuing Disclosure Agreement of the Developer”), made by and among LCSM Ph. 1-1, LLC, a Texas limited liability companyDRAFT (“LCSM 1-1”), LCSM Ph. 1-2, LLC, a Texas limited liability company (LCSM 1-1”), and LCSM Ph. 2, LLC, a Texas limited liability company (“LCSM 2” and together with LCSM 1-1 and LCSM 1-2, the “NIA #1-2 Developers”), the Master Developer, P3Works, LLC, as Administrator, and Specialized Public Finance Inc., as dissemination agent.

6. The Master Developer has complied in all material respects with all of the Master Developer’s agreements and covenants and satisfied all conditions required to be complied with

E-2-1 or satisfied by the Master Developer under the Developer Documents on or prior to the date hereof.

7. The representations and warranties of the Master Developer contained in the Master Developers Documents are true and correct in all material respects on and as of the date hereof.

8. The execution and delivery of the Developer Documents by the Master Developer does not violate any judgment, order, writ, injunction or decree binding on the Master Developer or any indenture, agreement, or other instrument to which the Master Developer is a party. There are no proceedings pending or threatened in writing before any court or administrative agency against the Master Developer that are either not covered by insurance or which singularly or collectively would have a material, adverse effect on the ability of the Master Developer to perform its obligations under the Developer Documents in all material respects or that would reasonably be expected to prevent or prohibit the development of the Development in accordance with the description thereof in the Limited Offering Memorandum.

9. The Master Developer has reviewed and approved the information contained in the Limited Offering Memorandum under the captions PLAN OF FINANCE,” “THE NEIGHBORHOOD IMPROVEMENT AREAS #1-2 IMPROVEMENTS,” “THE DEVELOPMENT,” “THE ORIGINAL LANDOWNER, THE MASTER DEVELOPER AND THE NIA #1-2 DEVELOPERS” “BONDHOLDERS’ RISKS” (only as it pertains to the Master Developer, the Neighborhood Improvement Areas #1-2 Improvements and the Development), “LEGAL MATTERS — Litigation — The Master Developer and the NIA #1-2 Developers,” “and “CONTINUING DISCLOSURE — The Master Developer and the NIA #1-2 Developers”, and “— The Master Developer and Original Landowners’ Compliance with Prior Undertakings”, and certifies that the same does not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in the light of the circumstances under which they are made, not misleading respecting such Developer and the Development, provided, however, that the foregoing certification is not a certification as to the accuracy, completeness or fairness of any of the other statements contained in the Limited Offering Memorandum.

10. The Master Developer is in compliance in all material respects with all provisions of applicable law in all material respects relating to the Master Developer in connection with the Development. Except as otherwise described in the Limited Offering Memorandum: (a) there is no default of any zoning condition, land use permit or development agreement binding upon the Master Developer or any portion of the Development that would materially and adversely affect the Master Developer’s ability to complete or cause to be completed the development of the Development as described in the Limited Offering Memorandum; and (b) we have no reason to believe that any additionalDRAFT permits, consents and licenses required to complete the Development as and in the manner described in the Limited Offering Memorandum will not be reasonably obtainable in due course.

11. The Master Developer is not insolvent and has not made an assignment for the benefit of creditors, filed or consented to a petition in bankruptcy, petitioned or applied (or consented to any third party petition or application) to any tribunal for the appointment of a custodian, receiver or any trustee or commenced any proceeding under any bankruptcy,

E-2-2 reorganization, arrangement, readjustment of debt, dissolution or liquidation law or statute of any jurisdiction.

12. The levy of the Special Assessments (as defined in the Limited Offering Memorandum) on property in Neighborhood Improvement Areas #1-2 of the District will not conflict with or constitute a breach of or default under any agreement, mortgage, deed of trust, indenture or other instrument to which the Master Developer is a party or to which the Master Developer or any of its property or assets is subject.

13. The Master Developer is not in default under any mortgage, trust indenture, lease or other instrument to which it or any of its assets is subject, which default would have a material and adverse effect on the Bonds or the development of the Development.

14. The Master Developer has no knowledge of any physical condition of the Development to be owned or to be developed by the Master Developer that currently requires, or currently is reasonably expected to require in the process of development investigation or remediation under any applicable federal, state or local governmental laws or regulations relating to the environment in any material and adverse respect.

Dated: ______, 2020

MASTER DEVELOPER:

LA CIMA SAN MARCOS, LLC, a Texas limited liability company

By: Printed Name: Title: DRAFT

E-2-3 APPENDIX F

[LETTERHEAD OF P3WORKS, LLC]

November 12, 2020

Hays County, Texas FMSbonds, Inc. 712 Stagecoach Trail, Suite 1071 5 Cowboys Way, Suite 300-25 San Marcos, Texas 78666 Frisco, Texas 75034

BOKF, NA, a national banking association Winstead PC 1401 McKinney, Suite 1000 2728 N. Harwood Street, Suite 500 Houston, Texas 77010 Dallas, Texas 75201

Orrick, Herrington & Sutcliffe LLP 300 W. 6th Street, Suite 1850 Austin, Texas 78701

Re: Hays County, Texas, Special Assessment Revenue Bonds, Series 2020 (La Cima Public Improvement District Neighborhood Improvement Areas #1-2 Project) (the “Bonds”)

Ladies and Gentlemen:

The undersigned, ______, of P3Works, LLC, consultant in connection with the creation and administration by Hays County, Texas (the “County”), of La Cima Public Improvement District (the “District”), does hereby represent the following:

1. On behalf of P3Works, LLC, I have supplied certain information contained in the Preliminary Limited Offering Memorandum, dated September 30, 2020 (the “Preliminary Limited Offering Memorandum”), and the final Limited Offering Memorandum, dated on or about October 20, 2020 (the “Limited Offering Memorandum”), both in connection with the Bonds, relating to the issuance of the Bonds by the County, as described above. The information I provided for the Preliminary Limited Offering Memorandum and the Limited Offering Memorandum is located (a) under the caption “ASSESSMENT PROCEDURES” (b) under the caption “THE ADMINISTRATOR” and (c) in the Amended and Restated Service and Assessment Plan (the “SAP”) for the County located in APPENDIX C to the Limited Offering Memorandum.

2. To the best of my professional knowledge and belief, the portions of the Limited Offering MemorandumDRAFT described above do not contain an untrue statement of a material fact as to the information and data set forth therein, and does not omit to state a material fact necessary to make the statements made therein, in the light of the circumstances under which they were made, not misleading.

3. I agree to the inclusion of the SAP in the Limited Offering Memorandum and to the use of the name of my firm in the Limited Offering Memorandum for the Bonds.

F-1 4. I agree that, to the best of my ability, I will inform you immediately should I learn of any event(s) or information of which you are not aware subsequent to the date of this letter and prior to the actual time of delivery of the Bonds (anticipated to occur on or about November 12, 2020) which would render any such information in the Limited Offering Memorandum untrue, incomplete, or incorrect, in any material fact or render any such information materially misleading.

5. The undersigned hereby represents that he has been duly authorized to execute this letter of representation.

Sincerely yours,

P3WORKS, LLC.

By: Its:

DRAFT

F-2 APPENDIX G

[LETTERHEAD OF SUNDANCE ANALYTICS]

November 12, 2020

Hays County, Texas FMSbonds, Inc. 712 Stagecoach Trail, Suite 1071 5 Cowboys Way, Suite 300-25 San Marcos, Texas 78666 Frisco, Texas 75034

BOKF, NA, a national banking association Winstead PC 1401 McKinney, Suite 1000 2728 N. Harwood Street, Suite 500 Houston, Texas 77010 Dallas, Texas 75201

Orrick, Herrington & Sutcliffe LLP 300 W. 6th Street, Suite 1850 Austin, Texas 78701

Re: Hays County, Texas, Special Assessment Revenue Bonds, Series 2020 (La Cima Public Improvement District Neighborhood Improvement Areas #1-2 Project) (the “Bonds”)

Ladies and Gentlemen:

The undersigned, ______, of Sundance Analytics, consultant in connection with property contained in Neighborhood Improvement Areas #1-2 of the La Cima Public Improvement District (the “District”), does hereby represent the following:

1. On behalf of Sundance Analytics, I have supplied certain information contained in the Preliminary Limited Offering Memorandum for the Bonds, dated September 30, 2020, and the Limited Offering Memorandum for the Bonds, dated on or about October 20, 2020 (together, the “Limited Offering Memorandum”), relating to the issuance of the Bonds by Hays County, Texas, as described above. The information I have provided is a certificate of value (the “Certificate of Value”) regarding the property in Neighborhood Improvement Areas #1-2 of the District, information from which is described under the captions “PLAN OF FINANCE — Prior Bonds” and “OVERLAPPING TAXES AND DEBT.”

2. To the best of my professional knowledge and belief, as of the date of the Certificate of Value, the portions of the Limited Offering Memorandum described above does not contain an untrueDRAFT statement of a material fact as to the information and data set forth therein, and does not omit to state a material fact necessary to make the statements made therein, in the light of the circumstances under which they were made, not misleading.

3. I agree to the description of the Certificate of Value in the Limited Offering Memorandum and the use of the name of my firm in the Limited Offering Memorandum for the Bonds.

G-1 4. I agree that, to the best of my ability, I will inform you immediately should I learn of any event(s) or information of which you are not aware subsequent to the date of this letter and prior to the actual time of delivery of the Bonds (anticipated to occur on or about November 12, 2020) which would render any such information in the Limited Offering Memorandum untrue, incomplete, or incorrect, in any material fact or render any statement in the appraisal materially misleading.

5. The undersigned hereby represents that he has been duly authorized to execute this letter of representations.

Sincerely yours,

SUNDANCE ANALYTICS

By: Its:

DRAFT

G-2 EXHIBIT C

CONTINUING DISCLOSURE AGREEMENT

DRAFT

C-1 4151-7977-3474.1 HAYS COUNTY, TEXAS, SPECIAL ASSESSMENT REVENUE BONDS, SERIES 2020 (LA CIMA PUBLIC IMPROVEMENT DISTRICT NEIGHBORHOOD IMPROVEMENT AREAS #1-2 PROJECT)

CONTINUING DISCLOSURE AGREEMENT OF THE ISSUER

This Continuing Disclosure Agreement of the Issuer dated as of November 1, 2020 (this “Disclosure Agreement”) is executed and delivered by and among Hays County, Texas (the “Issuer”), P3Works, LLC (the “Administrator”); and Specialized Public Finance Inc. (the “Dissemination Agent”), with respect to the Issuer’s “Special Assessment Revenue Bonds, Series 2020 (La Cima Public Improvement District Neighborhood Improvement Areas #1-2 Project)” (the “Bonds”). The Issuer, Administrator and the Dissemination Agent covenant and agree as follows:

SECTION 1. Purpose of the Disclosure Agreement. This Disclosure Agreement is being executed and delivered by the Issuer, the Administrator and the Dissemination Agent for the benefit of the Owners (defined below) and beneficial owners of the Bonds. Unless and until a different filing location is designated by the MSRB (defined below) or the SEC (defined below), all filings made by the Dissemination Agent pursuant to this Disclosure Agreement shall be filed with the MSRB through EMMA (defined below).

SECTION 2. Definitions. In addition to the definitions set forth above and in the Indenture of Trust dated as of November 1, 2020, relating to the Bonds (the “Indenture”), which apply to any capitalized term used in this Disclosure Agreement, including the Exhibits hereto, unless otherwise defined in this Section, the following capitalized terms shall have the following meanings:

“Administrative Expenses” shall have the meaning assigned to such term in the Indenture.

“Administrator” shall mean the Issuer or third-party designee who shall have the responsibilities provided in the Amended and Restated Service and Assessment Plan, the Indenture, or any other agreement or document approved by the Issuer related to the duties and responsibilities for the administration of the District.

“Amended and Restated Service and Assessment Plan” shall have the meaning assigned to such term in the Indenture.

“Annual Audited Financial Statements” shall mean the audited financial statements of the Issuer, prepared in accordance with generally accepted accounting principles applicable from timeDRAFT to time to the Issuer. “Annual Financial Information” shall mean annual financial information as such term is used in paragraph (b)(5)(i) of the Rule and specified in Section 4 of this Disclosure Agreement.

“Annual Installment(s)” shall have the meaning assigned to such term in the Indenture. “Annual Issuer Report” shall mean any Annual Issuer Report provided by the Issuer pursuant to, and as described in, Sections 3 and 4(a) of this Disclosure Agreement.

“Annual Service Plan Update” shall have the meaning assigned to such term in the Indenture.

“Business Day” shall mean any day other than a Saturday, Sunday or legal holiday in the State of Texas observed as such by the Issuer or the Trustee.

“Developer” shall individually and collectively, as applicable, mean La Cima San Marcos, LLC, a Texas limited liability company; LCSM Ph. 1-1, LLC, a Texas limited liability company; LCSM Ph. 1-2, LLC, a Texas limited liability company; and LCSM Ph. 2, LLC, a Texas limited liability company, and each’s designated successors and assigns.

“Disclosure Agreement of Developer” shall mean the Continuing Disclosure Agreement of the Developer dated as of November 1, 2020 executed and delivered by the Developer, the Administrator and Specialized Public Finance Inc., as dissemination agent.

“Disclosure Representative” shall mean the County Auditor of the Issuer or such other officer or employee as the Issuer may designate in writing to the Dissemination Agent from time to time.

“Dissemination Agent” shall mean Specialized Public Finance, Inc. or any successor Dissemination Agent designated in writing by the Issuer and which has filed with the Trustee a written acceptance of such designation.

“District” shall mean the La Cima Public Improvement District.

“EMMA” shall mean the Electronic Municipal Market Access System currently available on the internet at http://emma.msrb.org.

“Financial Obligation” shall mean a (a) debt obligation; (b) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (c) guarantee of a debt obligation or any such derivative instrument; provided that “financial obligation” shall not include municipal securities (as defined in the Securities Exchange Act of 1934, as amended) as to which a final official statement (as defined in the Rule) has been provided to the MSRB consistent with theDRAFT Rule. “Fiscal Year” shall mean the calendar year from October 1 through September 30.

“Foreclosure Proceeds” shall have the meaning assigned to such term in the Indenture.

“Listed Events” shall mean any of the events listed in Section 5(a) of this Disclosure Agreement.

2 “MSRB” shall mean the Municipal Securities Rulemaking Board or any other entity designated or authorized by the SEC to receive continuing disclosure reporting pursuant to the Rule.

“NIA #1” shall mean Neighborhood Improvement Area #1, as defined in the Indenture.

“NIA #2” shall mean Neighborhood Improvement Area #2, as defined in the Indenture.

“Outstanding” shall have the meaning assigned to such term in the Indenture.

“Owner” shall mean the registered owner of any Bonds.

“Participating Underwriter” shall mean FMSbonds, Inc., and its successors and assigns.

“Prepayment” shall mean the payment of all or a portion of a Special Assessment before the due date thereof.

“Rule” shall mean Rule 15c2-12 adopted by the SEC under the Securities Exchange Act of 1934, as the same may be amended from time to time.

“SEC” shall mean the United States Securities and Exchange Commission.

“Special Assessment(s)” shall have the meaning assigned to such term in the Indenture.

“Trustee” shall mean BOKF, NA, or any successor trustee pursuant to the Indenture.

SECTION 3. Provision of Annual Issuer Reports.

(a) The Issuer shall cause and hereby directs the Dissemination Agent to provide or cause to be provided to the MSRB, in the electronic or other format required by the MSRB, commencing with the Fiscal Year ending September 30, 2020, an Annual Issuer Report provided to the Dissemination Agent which is consistent with the requirements of and within the time periods specified in Section 4 of this Disclosure Agreement. If, however, the Annual Audited Financial Statements are not complete by the deadline specified in Section 4, then the Issuer shall provide unaudited financial statements within such period. In each case, the Annual Issuer Report may be submitted as a single document or as separate documents comprising a package and may include by reference other information as provided in Section 4 of this Disclosure Agreement. If the Issuer’s Fiscal Year changes, it shall file notice of such change (including the date of the new Fiscal Year) with the MSRB prior to the next date by which the Issuer otherwise would be required to provide the Annual Issuer Report pursuant to this paragraph. All documents provided to the MSRB shall be accompanied by identifyingDRAFT information as prescribed by the MSRB. Not later than ten (10) days prior to the date specified in Section 4 of this Disclosure Agreement for providing the Annual Issuer Report to the MSRB, the Issuer shall provide the Annual Issuer Report to the Dissemination Agent. The Dissemination Agent shall provide such Annual Issuer Report to the MSRB not later than ten (10) days from receipt of such Annual Issuer Report from the Issuer.

3 If by the fifth (5th) day before the filing date required under Section 4 of this Disclosure Agreement, the Dissemination Agent has not received a copy of the Annual Issuer Report the Dissemination Agent shall contact the Disclosure Representative by telephone and in writing (which may be by e-mail) to remind the Issuer of its undertaking to provide the Annual Issuer Report pursuant to this subsection (a). Upon such reminder, the Disclosure Representative shall either (i) provide the Dissemination Agent with an electronic copy of the Annual Issuer Report no later than two (2) Business Days prior to the applicable filing date required under Section 4 of this Disclosure Agreement; or (ii) instruct the Dissemination Agent in writing that the Issuer will not be able to provide the Annual Issuer Report within the time required under this Disclosure Agreement, state the date by which the Annual Issuer Report for such year will be provided and instruct the Dissemination Agent to immediately send a notice to the MSRB in substantially the form attached as Exhibit A; provided, however, that in the event the Disclosure Representative is required to act under either (i) or (ii) described above, the Dissemination Agent still must file the Annual Issuer Report or the notice of failure to file, as applicable, to the MSRB, no later than six months after the end of each Fiscal Year; provided further, however, that in the event the Disclosure Representative fails to act under either (i) or (ii) described above, the Dissemination Agent shall file a notice of failure to file no later than on the last Business Day of the six month period after the end of the Fiscal Year.

(b) The Issuer shall or shall cause the Dissemination Agent to:

(i) determine the filing address or other filing location of the MSRB each year prior to filing the Annual Issuer Report on the date required in subsection (b);

(ii) file the Annual Issuer Report containing or incorporating by reference the information set forth in Section 4 hereof; and

(iii) if the Issuer has provided the Dissemination Agent with the completed Annual Issuer Report and the Dissemination Agent has filed such Annual Issuer Report with the MSRB, then the Dissemination Agent shall file a report with the Issuer certifying that the Annual Issuer Report has been provided pursuant to this Disclosure Agreement, stating the date it was provided and that it was filed with the MSRB.

SECTION 4. Content and Timing of Annual Issuer Reports. The Annual Issuer Report for the Bonds shall contain or incorporate by reference, and the Issuer agrees to provide or cause to be provided to the Dissemination Agent to file within six months after the end of each Fiscal Year, the following:

(a) The Annual Audited Financial Statements of the Issuer for the most recently ended Fiscal Year, prepared in accordance with generally accepted accounting principles applicable from time to time to the Issuer. If the Annual Audited Financial Statements of the Issuer are not available within six months afterDRAFT the end of such Fiscal Year, the Issuer shall provide unaudited financial statements of the Issuer no later than such date and Annual Audited Financial Statements when available; and

(b) Tables setting forth the following information, as of the end of such Fiscal Year:

(i) For the Bonds, the maturity date or dates, the interest rate or rates, the original aggregate principal amount and principal amount remaining Outstanding; and 4 (ii) The amounts in the funds and accounts under the Indenture securing the Bonds and a description of the related investments.

(c) The principal and interest paid on the Bonds during the most recent Fiscal Year and the minimum scheduled principal and interest required to be paid on the Bonds in the next Fiscal Year;

(d) A description of any amendment to this Disclosure Agreement and a copy of any restatements to the Issuer’s audited financial statements.

(e) Annual Service Plan Updates and any updates to the information in the Amended and Restated Service and Assessment Plan as most recently amended or supplemented if not included in the Annual Service Plan Update, including any changes to the methodology for levying the Special Assessments in NIA #1 and NIA #2.

(f) The total amount of Annual Installments, delinquent Annual Installments, Foreclosure Proceeds and prepaid Special Assessments collected as of March 1 of the calendar year immediately succeeding such Fiscal Year, in each case with respect to the most recent billing period (generally, October 1 of the preceding calendar year through January 31 of the current calendar year);

(g) The total amount of Annual Installments assessed and collected during such Fiscal Year, together with the amount of delinquent Special Assessments collected and Special Assessments prepaid during such Fiscal Year;

(h) Collection and delinquency history of the Special Assessments within each NIA #1 and NIA #2 for the past five Fiscal Years, in substantially the following format:

Collection and Delinquent History of Special Assessments Collected in Delinquent Delinquent Delinquent Delinquent Total Special Fiscal Year Special Parcels Amount Percentage Amount Percentage Assessments Ending 9/30 Assessment Levied as of 3/1 as of 3/1 as of 9/1 as of 9/1 Collected(1) Billed 2020 $ — — $ (1) Collected as of ______, 20__. Includes $______attributable to Prepayments.

(i) For each calendar year, if the total amount of Annual Installments that are delinquent as of September 1 in such calendar year is equal to or greater than ten (10%) of the total amount of Annual Installments due in such calendar year, a list of parcel numbers for which the Annual Installments are delinquent. (j) The amountDRAFT of delinquent Assessments by Fiscal Year: i. which are subject to institution of foreclosure proceedings (but as to which such proceedings have not been instituted);

ii. for which foreclosure proceedings have been instituted but have not been concluded;

5 iii. which have been reduced to judgment but not collected;

iv. which have been reduced to judgment and collected; and

v. the result of any foreclosure sales of assessed property within NIA #1 or NIA #2 if the assessed property sold at a foreclosure sale represents more than one percent (1%) of the total amount of Special Assessments.

See Exhibit B hereto for a form for submitting the information set forth in Section 4(b). The Issuer has designated P3Works, LLC, as the initial Administrator. The Administrator, and if no Administrator is designated, Issuer’s staff, shall prepare the Annual Financial Information. In all cases, the Issuer shall have the sole responsibility for the content, design and other elements comprising substantive contents of the Annual Issuer Reports under this Section 4.

Any or all of the items listed above may be included by specific reference to other documents, including disclosure documents of debt issues of the Issuer, which have been submitted to and are publicly accessible from the MSRB. If the document included by reference is a final offering document, it must be available from the MSRB. The Issuer shall clearly identify each such other document so included by reference.

SECTION 5. Reporting of Significant Events.

(a) Pursuant to the provisions of this Section 5, each of the following is a Listed Event with respect to the Bonds:

1. Principal and interest payment delinquencies.

2. Non-payment related defaults, if material.

3. Unscheduled draws on debt service reserves reflecting financial difficulties.

4. Unscheduled draws on credit enhancements reflecting financial difficulties.

5. Substitution of credit or liquidity providers, or their failure to perform.

6. Adverse tax opinions, the issuance by the IRS of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds. 7. ModificationsDRAFT to rights of Owners, if material. 8. Bond calls, if material, and tender offers.

9. Defeasances.

10. Release, substitution, or sale of property securing repayment of the bonds, if material.

6 11. Rating changes.

12. Bankruptcy, insolvency, receivership or similar event of the Issuer.

13. The consummation of a merger, consolidation, or acquisition of the Issuer, or the sale of all or substantially all of the assets of the Issuer, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material.

14. Appointment of a successor trustee under the Indenture or the change of name of a trustee, if material.

15. Incurrence of a Financial Obligation of the Issuer, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a Financial Obligation of the Issuer, any of which affect security holders, if material.

16. Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a Financial Obligation of the Issuer, any of which reflect financial difficulties.

The Issuer does not intend for any sale by the Developers of real property within NIA #1 or NIA #2 in the ordinary course of the Developers’ business to be considered a significant event for the purposes of paragraph (10) above.

For these purposes, any event described in the immediately preceding paragraph (12) is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the Issuer in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the Issuer, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the Issuer.

The Issuer intends the words used in paragraphs (15) and (16) above and the definition of “Financial Obligation” to have the same meanings as when they are used in the Rule, as evidenced by SEC Release No. 34-83885, dated August 20, 2018.

Upon the occurrence of a Listed Event, the Issuer shall promptly notify the Dissemination Agent in writing and the Issuer shall direct the Dissemination Agent to file a notice of such occurrence with the MSRB. The DRAFT Dissemination Agent shall file such notice no later than the Business Day immediately following the day on which it receives written notice of such occurrence from the Issuer. Any such notice is required to be filed within ten (10) Business Days of the occurrence of such Listed Event.

Any notice under the preceding paragraphs shall be accompanied with the text of the disclosure that the Issuer desires to make, the written authorization of the Issuer for the Dissemination Agent to disseminate such information as provided herein, and the date the Issuer desires for the Dissemination

7 Agent to disseminate the information (which date shall not be more than ten (10) Business Days after the occurrence of the Listed Event or failure to file).

In all cases, the Issuer shall have the sole responsibility for the content, design and other elements comprising substantive contents of all disclosures made under this Section 5. In addition, the Issuer shall have the sole responsibility to ensure that any notice required to be filed under this Section 5 is filed within ten (10) Business Days of the occurrence of the Listed Event.

(b) The Dissemination Agent shall, within three (3) Business Days of obtaining actual knowledge of the occurrence of any Listed Event with respect to the Bonds, notify the Disclosure Representative of such Listed Event. The Dissemination Agent shall not be required to file a notice of the occurrence of such Listed Event with the MSRB unless and until it receives written instructions from the Disclosure Representative to do so. If the Dissemination Agent has been instructed by the Disclosure Representative on behalf of the Issuer to report the occurrence of a Listed Event under this subsection (b), the Dissemination Agent shall immediately file a notice of such occurrence with the MSRB. It is agreed and understood that the duty to make or cause to be made the disclosures herein is that of the Issuer and not that of the Trustee or the Dissemination Agent. It is agreed and understood that the Dissemination Agent has agreed to give the foregoing notice to the Issuer as an accommodation to assist it in monitoring the occurrence of such event, but is under no obligation to investigate whether any such event has occurred. As used above, “actual knowledge” means the actual fact or statement of knowing, without a duty to make any investigation with respect thereto. In no event shall the Dissemination Agent be liable in damages or in tort to the Issuer, the Participating Underwriter, the Trustee, or any Owner or beneficial owner of any interests in the Bonds as a result of its failure to give the foregoing notice or to give such notice in a timely fashion.

(c) If in response to a notice from the Dissemination Agent under subsection (b), the Issuer determines that the Listed Event under number 2, 7, 8 (as to Bond calls only), 10, 13, 14 or 15 of subparagraph (a) above is not material under applicable federal securities laws, the Issuer shall promptly notify the Dissemination Agent and the Trustee (if the Dissemination Agent is not the Trustee) in writing and instruct the Dissemination Agent not to report the occurrence pursuant to subsection (b).

SECTION 6. Termination of Reporting Obligations. The obligations of the Issuer, the Administrator and the Dissemination Agent under this Disclosure Agreement shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds, when the Issuer is no longer an obligated person with respect to the Bonds, or upon delivery by the Disclosure Representative to the Dissemination Agent of an opinion of nationally recognized bond counsel to the effect that continuing disclosure is no longer required. So long as any of the Bonds remain Outstanding, the Dissemination Agent may assume that the Issuer is an obligated person with respect to the Bonds until it receives written notice from theDRAFT Disclosure Representative stating that the Issuer is no longer an obligated person with respect to the Bonds, and the Dissemination Agent may conclusively rely upon such written notice with no duty to make investigation or inquiry into any statements contained or matters referred to in such written notice. If such termination occurs prior to the final maturity of the Bonds, the Issuer shall give notice of such termination in the same manner as for a Listed Event with respect to such series of Bonds under Section 5(a).

8 SECTION 7. Dissemination Agent. The Issuer may, from time to time, appoint or engage a Dissemination Agent or successor Dissemination Agent to assist it in carrying out its obligations under this Disclosure Agreement, and may discharge such Dissemination Agent, with or without appointing a successor Dissemination Agent. If at any time there is not any other designated Dissemination Agent, the Issuer shall be the Dissemination Agent. The initial Dissemination Agent appointed hereunder shall be Specialized Public Finance Inc.

SECTION 8. Amendment; Waiver. Notwithstanding any other provisions of this Disclosure Agreement, the Issuer and the Dissemination Agent may amend this Disclosure Agreement (and the Dissemination Agent shall not unreasonably withhold its consent to any amendment so requested by the Issuer), and any provision of this Disclosure Agreement may be waived, provided that the following conditions are satisfied:

(a) If the amendment or waiver relates to the provisions of Sections 3(a), 4, or 5(a), it may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature or status of an obligated person with respect to the Bonds, or the type of business conducted;

(b) The undertaking, as amended or taking into account such waiver, would, in the opinion of nationally recognized bond counsel, have complied with the requirements of the Rule at the time of the delivery of the Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and

(c) The amendment or waiver either (i) is approved by the Owners of the Bonds in the same manner as provided in the Indenture for amendments to the Indenture with the consent of Owners, or (ii) does not, in the opinion of nationally recognized bond counsel, materially impair the interests of the Owners or beneficial owners of the Bonds.

In the event of any amendment or waiver of a provision of this Disclosure Agreement, the Issuer shall describe such amendment in the next related Annual Issuer Report, and shall include, as applicable, a narrative explanation of the reason for the amendment or waiver and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the Issuer. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements, (i) notice of such change shall be given in the same manner as for a Listed Event under Section 5(a), and (ii) the Annual Issuer Report for the year in which the change is made should present a comparison (in narrative form and also, if feasible, in quantitative form) between the financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. No amendment that materially adversely affects the Dissemination Agent may be made without its prior written consent (which consent will not DRAFTbe unreasonably withheld or delayed). SECTION 9. Additional Information. Nothing in this Disclosure Agreement shall be deemed to prevent the Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Agreement or any other means of communication, or including any other information in any Annual Issuer Report or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Agreement. If the Issuer chooses to include any information in any Annual Issuer Report or notice of occurrence of a Listed Event in addition to that

9 which is specifically required by this Disclosure Agreement, the Issuer shall have no obligation under this Disclosure Agreement to update such information or include it in any future Annual Issuer Report or notice of occurrence of a Listed Event.

SECTION 10. Default. In the event of a failure of the Issuer to comply with any provision of this Disclosure Agreement, the Dissemination Agent may (and, at the request of any Participating Underwriter or the Owners of at least twenty-five (25%) aggregate principal amount of Outstanding Bonds, shall, upon being indemnified to its satisfaction), or any Owner or beneficial owner of the Bonds may, take such actions as may be necessary and appropriate to cause the Issuer, as the case may be, to comply with its obligations under this Disclosure Agreement. A default under this Disclosure Agreement shall not be deemed an Event of Default under the Indenture with respect to the Bonds, and the sole remedy under this Disclosure Agreement in the event of any failure of the Issuer to comply with this Disclosure Agreement shall be an action for mandamus or specific performance. A default under this Disclosure Agreement by the Issuer shall not be deemed a default under the Disclosure Agreement of Developer by the Developer, and a default under the Disclosure Agreement of Developer by the Developer shall not be deemed a default under this Disclosure Agreement by the Issuer.

SECTION 11. Duties, Immunities and Liabilities of Dissemination Agent and Administrator.

(a) The Dissemination Agent shall not have any duty with respect to the content of any disclosures made pursuant to the terms hereof. The Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure Agreement, and no implied covenants shall be read into this Disclosure Agreement with respect to the Dissemination Agent. To the extent permitted by law, the Issuer agrees to hold harmless the Dissemination Agent, its officers, directors, employees and agents, but only with funds to be provided by the Developer or from Administrative Expenses collected from the property owners in the District, against any loss, expense and liabilities which it may incur arising out of or in the exercise or performance of its powers and duties hereunder, including the costs and expenses (including attorneys’ fees) of defending against any claim of liability, but excluding liabilities due to the Dissemination Agent’s negligence or willful misconduct; provided, however, that nothing herein shall be construed to require the Issuer to indemnify the Dissemination Agent for losses, expenses or liabilities arising from information provided to the Dissemination Agent by the Developer or the failure of the Developer to provide information to the Dissemination Agent as and when required under the Disclosure Agreement of Developer. The obligations of the Issuer under this Section shall survive resignation or removal of the Dissemination Agent and payment in full of the Bonds. Nothing in this Disclosure Agreement shall be construed to mean or to imply that the Dissemination Agent is an “obligated person” under the Rule. The Dissemination Agent is not acting in a fiduciary capacity in connection with the performance of its respective obligations hereunder. The fact that the DisseminationDRAFT Agent may have a banking or other business relationship with the Issuer or any person with whom the Issuer contracts in connection with the transaction described in the Indenture, apart from the relationship created by the Indenture or this Disclosure Agreement, shall not be construed to mean that the Dissemination Agent has actual knowledge of any event described in Section 5 above, except as may be provided by written notice to the Dissemination Agent pursuant to this Disclosure Agreement.

10 (b) Except as otherwise provided herein, the Administrator shall not have any duty with respect to the content of any disclosures made pursuant to the terms hereof. The Administrator shall have only such duties as are specifically set forth in this Disclosure Agreement, and no implied covenants shall be read into this Disclosure Agreement with respect to the Administrator. To the extent permitted by law, the Issuer agrees to hold harmless the Administrator, its officers, directors, employees and agents, but only with funds to be provided by the Developer or from Administrative Expenses collected from the property owners in the District, against any loss, expense and liabilities which it may incur arising out of or in the exercise or performance of its powers and duties hereunder, including the costs and expenses (including reasonable attorneys’ fees) of defending against any claim of liability, but excluding liabilities due to the Administrator’s negligence or willful misconduct. The obligations of the Issuer under this Section shall survive resignation or removal of the Administrator and payment in full of the Bonds. Nothing in this Disclosure Agreement shall be construed to mean or to imply that the Administrator is an “obligated person” under the Rule. The Administrator is not acting in a fiduciary capacity in connection with the performance of its respective obligations hereunder. The Administrator shall not in any event incur any liability with respect to (i) any action taken or omitted to be taken in good faith upon advice of legal counsel given with respect to any question relating to duties and responsibilities of the Administrator hereunder, or (ii) any action taken or omitted to be taken in reliance upon any document delivered to the Administrator and believed to be genuine and to have been signed or presented by the proper party or parties.

(c) The Dissemination Agent or the Administrator may, from time to time, consult with legal counsel of its own choosing in the event of any disagreement or controversy, or question or doubt as to the construction of any of the provisions hereof or their respective duties hereunder, and the Dissemination Agent and Administrator shall not incur any liability and shall be fully protected in acting in good faith upon the advice of such legal counsel.

UNDER NO CIRCUMSTANCES SHALL THE DISSEMINATION AGENT, THE ADMINISTRATOR OR THE ISSUER BE LIABLE TO THE OWNER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY ANY OTHER PARTY TO THIS DISCLOSURE AGREEMENT, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS DISCLOSURE AGREEMENT, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. THE DISSEMINATION AGENT AND THE ADMINISTRATOR IS UNDER NO OBLIGATION NOR IS IT REQUIRED TO BRING SUCH AN ACTION.

SECTION 12. Special Assessment Timeline. The basic expected timeline for the collection of Special Assessments and the anticipated procedures for pursuing the collection of delinquent Special Assessments is DRAFT set forth in Exhibit C which is intended to illustrate the general procedures expected to be followed in enforcing the payment of delinquent Special Assessments. Failure to adhere to such expected timeline shall not constitute a default by the Issuer under this Disclosure Agreement, the Indenture, the Bonds or any other document related to the Bonds.

SECTION 13. No Personal Liability. No covenant, stipulation, obligation or agreement of the Issuer, Administrator or Dissemination Agent contained in this Disclosure Agreement shall be deemed to be a covenant, stipulation, obligation or agreement of any present or future council

11 members, officer, agent or employee of the Issuer, Administrator or Dissemination Agent in other than that person's official capacity.

SECTION 14. Severability. In case any section or provision of this Disclosure Agreement, or any covenant, stipulation, obligation, agreement, act or action, or part thereof made, assumed, entered into, or taken thereunder or any application thereof, is for any reasons held to be illegal or invalid, such illegality or invalidity shall not affect the remainder thereof or any other section or provision thereof or any other covenant, stipulation, obligation, agreement, act or action, or part thereof made, assumed, entered into, or taken thereunder (except to the extent that such remainder or section or provision or other covenant, stipulation, obligation, agreement, act or action, or part thereof is wholly dependent for its operation on the provision determined to be invalid), which shall be construed and enforced as if such illegal or invalid portion were not contained therein, nor shall such illegality or invalidity of any application thereof affect any legal and valid application thereof, and each such section, provision, covenant, stipulation, obligation, agreement, act or action, or part thereof shall be deemed to be effective, operative, made, entered into or taken in the manner and to the full extent permitted by law.

SECTION 15. Sovereign Immunity. The Dissemination Agent and the Administrator agree that nothing in this Disclosure Agreement shall constitute or be construed as a waiver of the Issuer’s sovereign or governmental immunities regarding liability or suit.

SECTION 16. Beneficiaries. This Disclosure Agreement shall inure solely to the benefit of the Issuer, the Administrator, the Dissemination Agent, the Participating Underwriter, and the Owners and the beneficial owners from time to time of the Bonds, and shall create no rights in any other person or entity. Nothing in this Disclosure Agreement is intended or shall act to disclaim, waive or otherwise limit the duties of the Issuer under federal and state securities laws.

SECTION 17. Dissemination Agent Compensation. The fees and expenses incurred by the Dissemination Agent for its services rendered in accordance with this Disclosure Agreement constitute Administrative Expenses and will be included in the Annual Installments as provided in the Annual Service Plan Update. The Dissemination Agent has entered into a separate agreement with the Issuer, which agreement provides for the payment of the fees and expenses of the Dissemination Agent for its services rendered in accordance with this Disclosure Agreement.

SECTION 18. Administrator Compensation. The fees and expenses incurred by the Administrator for its services rendered in accordance with this Disclosure Agreement constitute Administrative Expenses and will be included in the Annual Installments as provided in the Annual Service Plan Update. The Administrator has entered into a separate agreement with the Issuer, which agreement governs the administration of the District, including the payment of the fees and expenses of the Administrator forDRAFT its services rendered in accordance with this Disclosure Agreement. SECTION 19. Anti-Boycott Verification. The Dissemination Agent hereby verifies that it and its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, do not boycott Israel and, to the extent this Disclosure Agreement is a contract for goods or services, will not boycott Israel during the term of this Disclosure Agreement. The foregoing verification is made solely to comply with Section 2271.002, Texas Government Code, and to the extent such Section does not contravene applicable Texas or Federal law. As used in the foregoing verification, “boycott Israel”

12 means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. The Dissemination Agent understands “affiliate” to mean an entity that controls, is controlled by, or is under common control with the Dissemination Agent and exists to make a profit.

SECTION 20. Iran, Sudan and Foreign Terrorist Organizations. The Dissemination Agent represents that neither it nor any of its parent company, wholly- or majority-owned subsidiaries, and other affiliates is a company identified on a list prepared and maintained by the Texas Comptroller of Public Accounts under Section 2252.153 or Section 2270.0201, Texas Government Code, and posted on any of the following pages of such officer’s internet website:

https://comptroller.texas.gov/purchasing/docs/sudan-list.pdf, https://comptroller.texas.gov/purchasing/docs/iran-list.pdf, or https://comptroller.texas.gov/purchasing/docs/fto-list.pdf.

The foregoing representation is made solely to comply with Section 2252.152, Texas Government Code, and to the extent such Section does not contravene applicable Texas or Federal law and excludes the Dissemination Agent and its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, that the United States government has affirmatively declared to be excluded from its federal sanctions regime relating to Sudan or Iran or any federal sanctions regime relating to a foreign terrorist organization. The Dissemination Agent understands “affiliate” to mean any entity that controls, is controlled by, or is under common control with the Dissemination Agent and exists to make a profit.

SECTION 21. Governing Law. This Disclosure Agreement shall be governed by the laws of the State of Texas.

SECTION 22. Counterparts. This Disclosure Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. DRAFT[Signature pages follow]

13 HAYS COUNTY, TEXAS

By: County Judge

DRAFT

SIGNATURE PAGE OF CONTINUING DISCLOSURE AGREEMENT OF ISSUER Specialized Public Finance Inc. (as Dissemination Agent)

By: Authorized Officer

DRAFT

SIGNATURE PAGE OF CONTINUING DISCLOSURE AGREEMENT OF ISSUER P3Works, LLC (as Administrator)

By: Authorized Officer

DRAFT

SIGNATURE PAGE OF CONTINUING DISCLOSURE AGREEMENT OF ISSUER EXHIBIT A

NOTICE TO MSRB OF FAILURE TO FILE [ANNUAL ISSUER REPORT][ANNUAL AUDITED FINANCIAL STATEMENTS]

Name of Issuer: Hays County, Texas Name of Bond Issue: Special Assessment Revenue Bonds, Series 2020 (La Cima Public Improvement District Neighborhood Improvement Areas #1-2 Project) (the “Bonds”) CUSIP Nos. [insert CUSIP NOs.] Date of Delivery: ______, 20__

NOTICE IS HEREBY GIVEN that the Hays County, Texas (the “Issuer”), has not provided [an Annual Issuer Report][Annual Audited Financial Statements] with respect to the Bonds as required by the Continuing Disclosure Agreement of Issuer dated as of November 1, 2020 between the Issuer, P3Works, LLC, as “Administrator” and Specialized Public Finance Inc., as “Dissemination Agent.” The Issuer anticipates that [the Annual Issuer Report][Annual Audited Financial Statements] will be filed by ______.

Dated: ______

Specialized Public Finance Inc., on behalf of the Hays County, Texas (as Dissemination Agent)

By:

Title: cc: Hays County, TexasDRAFT

A-1 EXHIBIT B

HAYS COUNTY, TEXAS, SPECIAL ASSESSMENT REVENUE BONDS, SERIES 2020 (LA CIMA PUBLIC IMPROVEMENT DISTRICT NEIGHBORHOOD IMPROVEMENT AREAS #1-2 PROJECT)

ANNUAL ISSUER REPORT*

Delivery Date: ______, 20__

CUSIP NOSs: [insert CUSIP NOs.]

BONDS OUTSTANDING

Original Outstanding Outstanding CUSIP Maturity Interest Principal Principal Interest Number Date Rate Amount Amount Amount

INVESTMENTS

Fund/ Investment Account Name Description Par Value Book Value Market Value

______*Excluding Annual Audited Financial Statements of the Issuer

ITEMS REQUIRED BY SECTION 4(c),(e)-(g),(i)-(j) [Insert a line item ifDRAFT not otherwise included in SAP Update]

B-1 SECTION 4(h) COLLECTION AND DELINQUENCY HISTORY OF THE SPECIAL ASSESSMENTS WITHIN NIA #1 AND NIA #2 FOR THE PAST FIVE FISCAL YEARS, IN SUBSTANTIALLY THE FOLLOWING FORMAT:

DRAFT

B-2 EXHIBIT C

BASIC EXPECTED TIMELINE FOR SPECIAL ASSESSMENT COLLECTIONS AND PURSUIT OF DELINQUENCIES1

Date Delinquency Activity Clock (Days) October 1 Annual Installments of Special Assessments are billed. February 1 1 Annual Installments of Special Assessments (following year) Delinquent if not received. February 15 15 Issuer and/or Administrator should be aware of actual and specific delinquencies. March 1 28 (29) Issuer forwards payment to Trustee for all collections received as of March 1, along with detailed breakdown. Subsequent payments and relevant details will follow monthly thereafter. Issuer and/or Administrator should be aware if Reserve Fund needs to be utilized for debt service payments on March 1. If there is to be a shortfall, the Trustee and Dissemination Agent should be immediately notified in writing. Issuer and/or Administrator should also be aware if, based on collections, there will be a shortfall for September payment. Issuer and/or Administrator should determine if previously collected surplus funds, if any, plus actual collections will be fully adequate for debt service in March and September. At this point, if total delinquencies are under 5% and if there is adequate funding for March and September payments, no further action is anticipated for collection of Annual Installments of Special Assessments except that the Issuer or Administrator, working with the County Attorney or an appropriate designee, will begin process to DRAFTcure deficiency. For properties delinquent by more than one year or if the delinquency

1 Illustrates anticipated dates and procedures for pursuing the collection of delinquent Annual Installments of Assessments, which dates and procedures shall be in accordance with Chapters 31, 32, 33 and 34, Texas Tax Code, as amended (the “Code”), and the County Tax/Assessor Collector’s procedures, and are subject to adjustment by the Issuer. If the collection and delinquency procedures under the Code are subsequently modified, whether due to an executive order of the Governor of Texas or an amendment to the Code, such modifications shall control. C-1 exceeds $10,000 the matter will be referred for commencement of foreclosure, in accordance with the County Tax/Assessor Collector’s procedures2. If there are over 5% delinquencies or if there is inadequate funding in the Pledged Revenue Fund for transfer to the Principal and Interest Account of such amounts as shall be required for the full March and September payments, the collection-foreclosure procedure will proceed against all delinquent properties, in accordance with the County/Tax Assessor Collector procedures2. March 5 33/34 If any property owner with ownership of property responsible for more than $10,000 of the Special Assessments is delinquent or if a total of delinquencies is over 5%, or if it is expected that Reserve Fund moneys will need to be utilized for either the March or September bond payments, the Disclosure Representative shall work with County Attorney’s office, or the appropriate designee, to satisfy payment of all delinquent Special Assessments, in accordance with the County/Tax Assessor Collector procedures2. March 15 43/44 Trustee pays bond interest payments to bondholders. Reserve Fund payment to Bond Fund may be required if Special Assessments are below approximately 50% collection rate. Issuer, or the Trustee on behalf of the Issuer, to notify Dissemination Agent of the occurrence of draw on the Reserve Fund and, following receipt of such notice, Dissemination Agent to notify MSRB of such draw or Fund for debt service. Use of Reserve Fund for debt service payment DRAFTshould trigger commencement of foreclosure on delinquent properties.

July 1 150/151 Preliminary Foreclosure activity commences, in

2 If the collection and delinquency procedures under the Code are subsequently modified, whether due to an executive order of the Governor of Texas or an amendment to the Code, such modifications shall control. C-2 accordance with the County/Tax Assessor Collector procedures3, and Issuer to notify Dissemination Agent of the commencement of preliminary foreclosure activity. If Dissemination Agent has not received Foreclosure Schedule and Plan of Collections, Dissemination Agent to request same from the Issuer. July 15 165/166 If the Issuer has not provided the Dissemination Agent with Foreclosure Schedule and Plan of Collections, and if instructed by the bondholders under the Indenture, Dissemination Agent requests that the Issuer commence foreclosure or provide plan for collection. August 1 181/182 The designated lawyers or law firm will be preparing the formal foreclosure documents and will provide periodic updates to the Dissemination Agent for dissemination to those bondholders who have requested to be notified of collections progress. The goal for the foreclosure actions is a filing by no later than August 15 (day 206/207). August 15 206/207 Foreclosure action to be filed with the court, in accordance with the County/Tax Assessor Collector procedures4. August 30 221/222 Issuer notifies Trustee and Dissemination Agent of Foreclosure filing status. Dissemination Agent notifies bondholders. September 15 237/238 If bondholders and Dissemination Agent have not been notified of a foreclosure action, Dissemination Agent will notify the Issuer that it is DRAFTappropriate to file action.

3 If the collection and delinquency procedures under the Code are subsequently modified, whether due to an executive order of the Governor of Texas or an amendment to the Code, such modifications shall control. 4 If the collection and delinquency procedures under the Code are subsequently modified, whether due to an executive order of the Governor of Texas or an amendment to the Code, such modifications shall control. C-3 EXHIBIT D

AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN

DRAFT

D-1 4151-7977-3474.1 LA CIMA PUBLIC IMPROVEMENT DISTRICT 2020 AMENDEDDRAFT AND RESTATED SERVICE AND ASSESSMENT PLAN

SEPTEMBER 29, 2020 TABLE OF CONTENTS

TABLE OF CONTENTS ...... 2 INTRODUCTION ...... 4 SECTION I: DEFINITIONS ...... 6 SECTION II: THE DISTRICT ...... 16 SECTION III: AUTHORIZED IMPROVEMENTS ...... 17 SECTION IV: SERVICE PLAN...... 22 SECTION V: ASSESSMENT PLAN ...... 23 SECTION VI: TERMS OF THE ASSESSMENTS ...... 29 SECTION VII: ASSESSMENT ROLL ...... 35 SECTION VIII: ADDITIONAL PROVISIONS ...... 35 LIST OF EXHIBITS ...... 37 EXHIBIT A – COST AND ALLOCATION OF AUTHORIZED IMPROVEMENTS ...... 39 EXHIBIT A-1 –ALLOCATION OF MAJOR IMPROVEMENTS ...... 40 EXHIBIT B – SERVICE PLAN ...... 41 EXHIBIT C – SOURCES & USES OF FUNDS MAJOR IMPROVEMENT AREA BOND ...... 42 EXHIBIT D - SOURCES & USES OF FUNDS NEIGHBORHOOD IMPROVEMENT AREA #1-2 BOND ...... 43 EXHIBIT E – MAJOR IMPROVEMENT AREA ASSESSMENT ROLL ...... 44 EXHIBIT F – NEIGHBORHOOD IMPROVEMENT AREA #1 ASSESSMENT ROLL ...... 50 EXHIBIT G – NEIGHBORHOOD IMPROVEMENT AREA #2 ASSESSMENT ROLL ...... 55 EXHIBIT H – MAJOR IMPROVEMENT AREA ESTIMATED ANNUAL INSTALLMENTS ...... 56 EXHIBIT H-1 MAJOR IMPROVEMENT AREA PARCEL # R143375 ESTIMATED ANNUAL INSTALLMENTS ...... 57 EXHIBIT H-2 MAJOR IMPROVEMENT AREA PARCEL # R143374 ESTIMATED ANNUAL INSTALLMENTS ...... 58 EXHIBIT H-3 MAJOR IMPROVEMENT AREA PARCEL # R143373 ESTIMATED ANNUAL INSTALLMENTS ...... 59 EXHIBIT H-4 MAJOR IMPROVEMENT AREA PARCEL # R143372 ESTIMATED ANNUAL INSTALLMENTS ...... 60 EXHIBIT H-5 MAJOR IMPROVEMENT AREA PARCEL # R143371 ESTIMATED ANNUAL INSTALLMENTS ...... 61 EXHIBIT H-6 MAJOR IMPROVEMENT AREA PARCEL # R143368 ESTIMATED ANNUAL INSTALLMENTS ...... 62 EXHIBIT H-7 MAJOR IMPROVEMENT AREA PARCEL # R143367 ESTIMATED ANNUAL INSTALLMENTS ...... 63 EXHIBIT H-8 MAJORDRAFT IMPROVEMENT AREA PARCEL # R18169 ESTIMATED ANNUAL INSTALLMENTS ...... 64 EXHIBIT H-9 MAJOR IMPROVEMENT AREA PARCEL # R19065 ESTIMATED ANNUAL INSTALLMENTS ...... 65 EXHIBIT H-10 MAJOR IMPROVEMENT AREA PARCEL # R143364 ESTIMATED ANNUAL INSTALLMENTS ...... 66 EXHIBIT H-11 MAJOR IMPROVEMENT AREA PARCEL # R13142 ESTIMATED ANNUAL INSTALLMENTS ...... 67 EXHIBIT H-12 MAJOR IMPROVEMENT AREA PARCEL # R143365 ESTIMATED ANNUAL INSTALLMENTS ...... 68

LA CIMA 2020 AMENDED AND RESTATED SAP 2 EXHIBIT I – NEIGHBORHOOD IMPROVEMENT AREA #1 ESTIMATED ANNUAL INSTALLMENTS ...... 69 EXHIBIT J – NEIGHBORHOOD IMPROVEMENT AREA #2 ESTIMATED ANNUAL INSTALLMENTS ...... 70 EXHIBIT K – MAXIMUM SPECIAL ASSESSMENT ...... 71 EXHIBIT L - FORM OF NOTICE OF SPECIAL ASSESSMENT TERMINATION ...... 72 EXHIBIT M-1 – LOT TYPE 1 HOMEBUYER DISCLOSURE ...... 76 EXHIBIT M-2 – LOT TYPE 2 HOMEBUYER DISCLOSURE ...... 79 EXHIBIT M-3 – LOT TYPE 3 HOMEBUYER DISCLOSURE ...... 82 EXHIBIT M-4 – LOT TYPE 4 HOMEBUYER DISCLOSURE ...... 85 EXHIBIT N – ESTIMATED TOTAL DISTRICT SPECIAL ASSESSMENTS ...... 88 EXHIBIT O – CONCEPTUAL LAND USE PLAN ...... 89 EXHIBIT P-1 – MAP OF MAJOR IMPROVEMENTS ...... 90 EXHIBIT P-2 – MAP OF PHASE 1 SECTION 1 IMPROVEMENTS ...... 94 EXHIBIT P-3 – MAP OF PHASE 1 SECTION 2 IMPROVEMENTS ...... 95 EXHIBIT P-4 - MAP OF NEIGHBORHOOD IMPROVEMENT AREA #2 IMPROVEMENTS ...... 96 EXHIBIT Q – MAJOR IMPROVEMENT AREA MAP ...... 97 EXHIBIT R – MAJOR IMPROVEMENT AREA LEGAL DESCRIPTION ...... 98 EXHIBIT S – NEIGHBORHOOD IMPROVEMENT AREA #1 MAP ...... 109 EXHIBIT T-1 – PHASE 1 SECTION 1 LEGAL DESCRIPTION...... 110 EXHIBIT T-2 – PHASE 1 SECTION 1 PLAT ...... 114 EXHIBIT U-1 – PHASE 1 SECTION 2 LEGAL DESCRIPTION ...... 118 EXHIBIT U-2 – PHASE 1 SECTION 2 PLAT ...... 121 EXHIBIT V – NEIGHBORHOOD IMPROVEMENT AREA #2 MAP ...... 125 EXHIBIT W – NEIGHBORHOOD IMPROVEMENT AREA #2 LEGAL DESCRIPTION ...... 126 EXHIBIT X – MAJOR IMPROVEMENT AREA BONDS DEBT SERVICE SCHEDULE ...... 130 EXHIBIT Y – NEIGHBORHOOD IMPROVEMENT AREA #1-2 BONDS DEBT SERVICE SCHEDULE ...... 131 DRAFT

LA CIMA 2020 AMENDED AND RESTATED SAP 3 INTRODUCTION

Capitalized terms used in this 2020 Amended and Restated Service and Assessment Plan shall have the meanings given to them in Section I unless otherwise defined in this 2020 Amended and Restated Service and Assessment Plan 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 2020 Amended and Restated Service and Assessment Plan or an Exhibit attached to and made a part of this 2020 Amended and Restated Service and Assessment Plan for all purposes.

The La Cima Public Improvement District was created pursuant to Chapter 372, Texas Local Government Code on September 23, 2014 to finance certain Authorized Improvements for the benefit of the property within the District. On July 21, 2015, the County Commissioners Court approved the Original Service and Assessment Plan, which, among other things, provided the manner of assessing the property in the District for the estimated costs of Authorized Improvements based on the benefit provided to the Assessed Parcels and levied Special Assessments to finance the Major Improvements to be constructed for the benefit of all Assessed Parcels within the District. In addition to the costs of the Major Improvements, the Original Service and Assessment Plan also set forth a prospective financial analysis relating to the Future Neighborhood Improvement Areas, including the estimated costs of certain Future Neighborhood Improvements for the benefit of the Future Neighborhood Improvement Areas, the indebtedness projected to be incurred for such Future Neighborhood Improvements, and an analysis of benefit to be received by the Future Neighborhood Improvement Areas. The Neighborhood Improvement Area #1 Service and Assessment Plan was approved by the County Commissioners Court on March 20, 2018, for the following purposes: i) adding Neighborhood Improvement Area #1, ii) identifying the budgets for Authorized Improvements benefiting Neighborhood Improvement Area #1, iii) levying Special Assessments on Assessed Parcels within Neighborhood Improvement Area #1, and iv) adding the Neighborhood Improvement Area #1 Assessment Roll. This Neighborhood Improvement Area #2 Service and Assessment Plan was approved by the County CommissionersDRAFT Court on February 25, 2020, and for the following purposes: i) adding Neighborhood Improvement Area #2, ii) identifying the budgets for Authorized Improvements benefiting Neighborhood Improvement Area #2, iii) levying Special Assessments on Assessed Parcels within Neighborhood Improvement Area #2, and iv) adding the Neighborhood Improvement Area #2 Assessment Roll.

LA CIMA 2020 AMENDED AND RESTATED SAP 4 This 2020 Amended and Restated Service and Assessment Plan does the following: i) amends and restates the Original Service and Assessment Plan, as updated amended and supplemented from time to time, in its entirety, ii) amends and restates the Neighborhood Improvement Area #1 Service and Assessment Plan, as updated amended and supplemented from time to time, in its entirety, iii) amends and restates the Neighborhood Improvement Area #2 Service and Assessment Plan, as updated amended and supplemented from time to time, in its entirety, iv) reflects the issuance of the Neighborhood Improvement Area #1-2 Bonds, and v) updates the Assessment Rolls for the District.

The 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 Parcels 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 Special Assessment against each Parcel determined by the method chosen by the County. The Special Assessment against each Assessed Parcel must be sufficient to pay the share of the Actual Costs apportioned to the Assessed Parcel and cannot exceed the special benefit conferred on the Assessed Parcel by the Authorized Improvements. The Major Improvement Area Assessment Roll is contained in Exhibit E. The Neighborhood Improvement Area #1 Assessment Roll is contained in Exhibit F. The Neighborhood Improvement Area #2 Assessment Roll is contained in Exhibit G.

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LA CIMA 2020 AMENDED AND RESTATED SAP 5 SECTION I: DEFINITIONS

“2020 Amended and Restated Service and Assessment Plan” means this 2020 Amended and Restated Service and Assessment Plan which (1) amends and restates the Original Service and Assessment Plan, as updated amended and supplemented from time to time, in its entirety, ii) amends and restates the Neighborhood Improvement Area #1 Service and Assessment Plan, as updated amended and supplemented from time to time, in its entirety, iii) amends and restates the Neighborhood Improvement Area #2 Service and Assessment Plan, as updated amended and supplemented from time to time, in its entirety, iv) reflects the issuance of the Neighborhood Improvement Area #1-2 Bonds, and v) updates the Assessment Rolls for the District. “Act” means Chapter 372, as amended, Texas Local Government Code. "Actual Cost(s)" means, with respect to an Authorized Improvement, the Master Developer's demonstrated, reasonable, allocable, and allowable costs of constructing such Authorized Improvement, as specified in a payment request in a form that has been reviewed and approved by the County and in an amount not to exceed the amount for each Authorized Improvement as set forth in the 2020 Amended and Restated Service and Assessment Plan (subject to cost overruns in Section 5.01(e) of the PID Financing Agreement). Actual Cost may include (a) the costs incurred by or on behalf of the Master Developer (either directly or through affiliates) for the design, planning, financing, administration/management, acquisition, installation, construction and/or implementation of such Authorized Improvement, (b) the costs incurred by or on behalf of the Master Developer in preparing the plans for such Authorized Improvement, (c) the fees paid for obtaining permits, licenses or other governmental approvals for such Authorized Improvement, (d) a construction management fee of 4.0% of the costs incurred by or on behalf of the Master Developer for the construction of such Authorized Improvement if the Master Developer is serving as the construction manager, (e) the costs incurred by or on behalf of the Master Developer for external professional costs, such as engineering, geotechnical, surveying, land planning, architectural landscapers, appraisals, legal, and similar professional services related to the Authorized Improvements (f) all labor, bonds and materials, including equipment and fixtures, by contractors, builders and materialmen in connection with the acquisition, construction or implementation of the Authorized Improvements, (g) all related permitting, zoning and public approval expenses, architectural, engineering, and consulting fees. “Additional Interest”DRAFT means the amount collected by application of the Additional Interest Rate. “Additional Interest Rate” means an interest rate on Special Assessments not to exceed 0.50% pursuant to Section 372.018 of the Act and the applicable Indenture. “Additional Neighborhood Improvement Area PID Bonds” means, with respect to a Neighborhood Improvement Area, additional Neighborhood Improvement PID Bonds that may

LA CIMA 2020 AMENDED AND RESTATED SAP 6 be issued periodically in the future subsequent to the issuance of Neighborhood Improvement PID Bonds. "Administrative Expenses" means the following actual or budgeted costs, as applicable, related to the administrative, organization, maintenance and operation costs and expenses associated with, or incident to, the administration, organization, maintenance and operation of the District, including, but not limited to, the costs of (i) legal counsel, engineers, accountants, financial advisors, investment bankers or other consultants and advisors, (ii) creating and organizing the District and preparing the assessment roll, (iii) computing, levying, collecting and transmitting the Special Assessments or the installments thereof, (iv) maintaining the record of installments, payments and reallocations and/or cancellations of the Special Assessments, (v) issuing, paying and redeeming the PID Bonds, (vi) investing or depositing the Special Assessments, (vii) complying with the PID Act with respect to the PID Bonds, (viii) paying the paying agent/registrar's and trustee's fees and expenses (including the fees and expenses of its legal counsel), and (ix) administering the construction of the Authorized Improvements, in accordance with the terms of this 2020 Amended and Restated Service and Assessment Plan. “Administrator” means the County or a third-party designated by the County to perform the duties and obligations of the “Administrator” in this 2020 Amended and Restated Service and Assessment Plan. If no Administrator is appointed by the County, the County shall serve as the Administrator. “Annual Installment” means the annual installment payment of a Special Assessment as calculated by the Administrator and approved by the County Commissioners Court, that includes: (1) principal; (2) interest; (3) Administrative Expenses; and (4) Additional Interest, if any. “Annual Service Plan Update” means an update to this 2020 Amended and Restated Service and Assessment Plan prepared no less frequently than annually by the Administrator and approved by the County Commissioners Court. “Assessed Parcels” mean any Parcel within the District against which a Special Assessment is levied. “Assessment Order” means any assessment order adopted by the County Commissioners Court in accordance with the Act that levied Special Assessments within the District. “Assessment Plan” DRAFT assesses the Actual Costs of the Authorized Improvements against the Assessed Parcels based on the special benefits conferred on the Assessed Parcels by the Authorized Improvements, more specifically described in Section V. “Assessment Roll(s)” means any assessment roll for Assessed Parcels within the District. “Authorized Improvements” mean improvements authorized by Section 372.003 of the Act as more specifically described in Section III.

LA CIMA 2020 AMENDED AND RESTATED SAP 7 “Bond Issuance Costs” mean the costs associated with issuing PID Bonds, including but not limited to attorney fees, financial advisory fees, consultant fees, appraisal fees, printing costs, publication costs, direct County costs, capitalized interest, reserve fund requirements, first year Administrative Expenses, underwriter’s discount, fees charged by the Texas Attorney General, and any other cost or expense directly associated with the issuance of PID Bonds. “City” means the City of San Marcos, Texas. “County” means Hays County, Texas. “County Commissioners Court” means the duly elected governing body of the County. “Delinquent Collection Costs” mean, for any Assessed Parcel, interest, penalties, and other costs and expenses authorized by the Act that directly or indirectly relate to the collection of delinquent Assessments, delinquent Annual Installments, or any other delinquent amounts due under this 2020 Amended and Restated Service and Assessment Plan, including costs and expenses to foreclose liens. “Development Agreement” means the third amended and restated development agreement dated September 8, 2020 among the City, the Original Landowner, affiliates of the Master Developer, and the County relating to the District, as amended. “District” means approximately 2,044 acres located within the extra-territorial jurisdiction of the City, as shown on Exhibit Q and as more specifically described on Exhibit R. “Estimated Buildout Value” means the estimated buildout value of an Assessed Parcel assuming construction of vertical improvements (homes, commercial buildings, etc.), and, in the case of Lots within the same Lot Type, based on an average estimated buildout value of such Lots within such Lot Type, and shall be determined by the Administrator and confirmed by the County Commissioners Court 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.

“Future Major Improvement Area Bonds” means additional PID Bonds that may be issued in the future in order to fund Future Major Improvements. “Future Major Improvements”DRAFT means Authorized Improvements to be built in the future that confer a special benefit to more than one Neighborhood Improvement Area. “Future Neighborhood Improvement Area” means a Neighborhood Improvement Area that has not yet had a Special Assessment levied to fund Future Neighborhood Improvements that only benefit the Neighborhood Improvement Area. “Future Neighborhood Improvements” means Authorized improvements that only provide a

LA CIMA 2020 AMENDED AND RESTATED SAP 8 special benefit to a specific Future Neighborhood Improvement Area. “Indenture” means an Indenture or Indentures of Trust entered into in connection with the issuance of one or more series of PID Bonds, as amended from time to time, between the County and the Trustee setting forth terms and conditions related to the applicable series of PID Bonds. “Lot” means (1) for any portion of the District for which a final subdivision plat has been recorded in the official public records of the County, a tract of land described by “lot” in such final and recorded subdivision plat, and (2) for any portion of the District for which a horizontal condominium regime has been created, a tract of land described by “unit” in the final declaration of condominium regime. “Lot Type” means a classification of final building Lots with similar characteristics (e.g. commercial, light industrial, multi-family, single family residential, etc.), as determined by the Administrator and confirmed by the County Commissioners Court. In the case of single-family residential Lots, the Lot Type shall be further defined by classifying the residential Lots by the Estimated Buildout Value of the Lot as determined by the Administrator and confirmed and approved by the County Commissioners Court.

“Lot Type 1” means a Lot within Phase 1 - Section 1 which is anticipated to have an average Estimated Buildout Value of approximately $290,000.

“Lot Type 2” means a Lot within Phase 1 - Section 1 which is anticipated to have an average Estimated Buildout Value of approximately $355,000.

“Lot Type 3” means a Lot within Phase 1 - Section 2 which is anticipated to have an average Estimated Buildout Value of approximately 415,000.

“Lot Type 4” means a Lot within Phase 1 - Section 2 which is anticipated to have an average Estimated Buildout Value of approximately $475,000.

“Lot Type 5” means a Lot within Neighborhood Improvement Area #2 which is anticipated to have an average Estimated Buildout Value of approximately $316,891.

“Lot Type 6” means a Lot within Neighborhood Improvement Area #2 which is anticipated to have an average EstimatedDRAFT Buildout Value of approximately $387,918. “Lot Type 7” means a Lot within Neighborhood Improvement Area #2 which is anticipated to have an average Estimated Buildout Value of approximately $453,482.

“Major Improvement Area” means all of the property within the District as shown on Exhibit Q and as more specifically described on Exhibit R.

LA CIMA 2020 AMENDED AND RESTATED SAP 9 “Major Improvement Area Annual Installment” means the annual installment payment of a Major Improvement Area Assessment as calculated by the Administrator and approved by the County Commissioners Court, that includes: (1) principal; (2) interest; (3) Administrative Expenses; and (4) Additional Interest. “Major Improvement Area Assessed Parcels” mean any and all Parcels within the Major Improvement Area, against which a Major Improvement Area Assessment has been levied. “Major Improvement Area Assessment Order” means the Order adopted by the County Commissioners Court on July 21, 2015 in accordance with the Act which levied the Major Improvement Area Assessments on the District. “Major Improvement Area Assessment Roll” means the Assessment Roll for the Major Improvement Area Assessed Parcels, as updated, modified or amended from time to time in accordance with the procedures set forth herein and in the Act, including updates prepared in connection with the issuance of PID Bonds or in connection with any Annual Service Plan Update. The Major Improvement Area Assessment Roll is included in this 2020 Amended and Restated Service and Assessment Plan on Exhibit E, and the projected Major Improvement Area Annual Installments are shown on Exhibit H. “Major Improvement Area Bonds” mean those bonds entitled “Hays County, Texas Special Assessment Revenue Bonds, Series 2015 (La Cima Public Improvement District Major Public Improvement Project)” that are secured by Major Improvement Area Assessments. “Major Improvement Area Assessments” mean Special Assessments levied by the Major Improvement Area Assessment Order to fund Major Improvements. “Major Improvements” mean the Authorized Improvements which provide a special benefit to the entire District and are generally described in Section III.A hereto and generally depicted on Exhibit P-1. “Master Developer” means La Cima San Marcos, LLC, as successor in interest to the Original Landowner, or its successors or assignees.

“Maximum Special Assessment” means, for a given Lot Type , an amount equal to the lesser of: (i) the outstanding amount of the aggregate Special Assessments for the applicable Lot Type, and (ii) an amount that produces an average Annual Installment resulting in the Maximum Equivalent Tax Rate. The MaximumDRAFT Special Assessment for Lots within a particular Neighborhood Improvement Area shall be determined upon the issuance of PID Bonds secured by the Special Assessments relating to the Neighborhood Improvement Area and upon filing a plat creating new Lots. Exhibit K shows the Maximum Special Assessment for Lots within Neighborhood Improvement Area #1 and Neighborhood Improvement Area #2.

LA CIMA 2020 AMENDED AND RESTATED SAP 10 “Maximum Equivalent Tax Rate” means, for each Lot Type, an equivalent overlapping tax rate of $3.05 per $100 of Estimated Buildout Value. The Maximum Equivalent Tax Rate shall be determined by the Administrator and shall be calculated based upon all overlapping ad valorem taxes and assessments imposed by the County and other taxing jurisdictions (which calculation shall assume that the District or the applicable Neighborhood Improvement Area is annexed into the corporate limits of the City), the Special Assessments, and other assessments, if any, that are levied on such Lot Type. "Neighborhood Improvement Area(s)" means one or more residential Assessed Parcels that are anticipated to be developed in the District at such locations and at such times as determined by the Master Developer, subject to the terms of the Development Agreement. Exhibit O contains a general depiction of possible Future Neighborhood Improvement Areas. The depiction of the Future Neighborhood Improvement Areas on Exhibit O is for illustrative purposes only and is subject to adjustment; as such the location, lotting plan, and timing of the Future Neighborhood Improvement Areas within the District may be adjusted over time by the Master Developer. The Parcels within a Neighborhood Improvement Area will be assessed in connection with Authorized Improvements that specially benefit the Assessed Parcels within said Neighborhood Improvement Area, but any Parcels outside of the Neighborhood Improvement Area will not be assessed. “Neighborhood Improvement Area #1” means the first Neighborhood Improvement Area to be developed within the District, as shown on Exhibit S, comprised of Phase 1 - Section 1 and Phase 1 - Section 2.

“Neighborhood Improvement PID Bonds” means PID Bonds that may be issued periodically in the future as individual Neighborhood Improvement Areas are developed and require financing of internal infrastructure improvements that benefit such Neighborhood Improvement Area.

“Neighborhood Improvement Area #1 Annual Installment” means the annual installment payment of a Neighborhood Improvement Area #1 Special Assessment as calculated by the Administrator and approved by the County Commissioners Court, that includes: (1) principal; (2) interest; (3) Administrative Expenses; and (4) Additional Interest. “Neighborhood Improvement Area #1 Assessed Parcel(s)” means all Parcels within Neighborhood ImprovementDRAFT Area #1 other than Non-Benefited Property and Owner Association Property.

“Neighborhood Improvement Area #1 Assessment Roll” means the assessment roll included in this 2020 Amended and Restated Service and Assessment Plan as Exhibit F, as updated, modified or amended from time to time in accordance with the procedures set forth herein and in the PID

LA CIMA 2020 AMENDED AND RESTATED SAP 11 Act, including updates prepared relating to the issuance of PID Bonds or in connection with any Annual Service Plan Update.

“Neighborhood Improvement Area #1 Assessments” means the Special Assessments shown on the Neighborhood Improvement Area #1 Assessment Roll that are levied on Neighborhood Improvement Area #1 Assessed Parcels to fund Neighborhood Improvement Area #1 Improvements.

“Neighborhood Improvement Area #1 Improvements” means Authorized Improvements which only benefit Neighborhood Improvement Area #1 Assessed Parcels, specifically, the Phase 1 - Section 1 Improvements and the Phase 1 - Section 2 Improvements and are described in Section III and depicted on Exhibit P-2 and Exhibit P-3.

“Neighborhood Improvement Area #1 Service and Assessment Plan” means the Neighborhood Improvement Area #1 Service and Assessment Plan Update approved by the Commissioners Court on March 20, 2018 for the purposes of i) adding Neighborhood Improvement Area #1, ii) identifying the budgets for Authorized Improvements in Neighborhood Improvement Area #1, iii) levying Special Assessments on Assessed Parcels within Neighborhood Improvement Area #1, and iv) adding the Neighborhood Improvement Area #1 Assessment Roll, as updated supplemented, or amended from time to time. “Neighborhood Improvement Area #1-2 Bonds” means those bonds entitled “Hays County, Texas Special Assessment Revenue Bonds, Series 2020 (La Cima Public Improvement District Neighborhood Improvement Areas #1-2 Project)” that are secured by Neighborhood Improvement Area #1 Assessments and Neighborhood Improvement Area #2 Assessments.

“Neighborhood Improvement Area #2” means the second Neighborhood Improvement Area to be developed within the District, which is expected to contain 248 single family residential units on approximately 94.504 acres, as described by metes and bounds on Exhibit W, and as depicted on Exhibit V.

“Neighborhood Improvement Area #2 Annual Installment” means the annual installment payment of a Neighborhood Improvement Area #2 Special Assessment as calculated by the Administrator and approved by the County Commissioners Court, that includes: (1) principal; (2) interest; (3) AdministrativeDRAFT Expenses; and (4) Additional Interest. “Neighborhood Improvement Area #2 Assessed Parcel(s)” means all Parcels within Neighborhood Improvement Area #2 other than Non-Benefited Property and Owner Association Property.

LA CIMA 2020 AMENDED AND RESTATED SAP 12 “Neighborhood Improvement Area #2 Assessment Roll” means the assessment roll shown on Exhibit G, 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 relating to the issuance of PID Bonds or in connection with any Annual Service Plan Update. “Neighborhood Improvement Area #2 Assessments” means the Special Assessments shown on the Neighborhood Improvement Area #2 Assessment Roll that are levied on Neighborhood Improvement Area #2 Assessed Parcels to fund Neighborhood Improvement Area #2 Improvements.

“Neighborhood Improvement Area #2 Improvements” means Authorized Improvements that only benefit Neighborhood Improvement Area #2 Assessed Parcels, which are described in Section III and depicted on Exhibit P-4. “Neighborhood Improvement Area #2 Owner” means LCSM Ph. 2, LLC, a Texas limited liability company wholly owned by the Master Developer. “Neighborhood Improvement Area #2 Service and Assessment Plan” means the Neighborhood Improvement Area #2 Service and Assessment Plan Update approved by the Commissioners Court on February 25, 2020 for the purposes of i) adding Neighborhood Improvement Area #2, ii) identifying the budgets for Authorized Improvements in Neighborhood Improvement Area #2, iii) levying Special Assessments on Assessed Parcels within Neighborhood Improvement Area #2, and iv) adding the Neighborhood Improvement Area #2 Assessment Roll, as updated supplemented, or amended from time to time. “Non-Benefited Property” means Parcels that receive no special benefit from the Authorized Improvements as determined by the County Commissioners Court. “Original Landowner” means Lazy Oaks Ranch, LP, a Texas limited Partnership. “Original Service and Assessment Plan” means the Original Service and Assessment Plan approved by the Commissioners Court on July 21, 2015. “Owners” means collectively the Master Developer, Phase 1 - Section 1 Owner, Phase 1 – Section 2 Owner, and Neighborhood Improvement Area #2 Owner. “Owner Association Property” means property within the boundaries of the District that is owned by or irrevocablyDRAFT offered for dedication to, whether in fee simple or through an easement, an Owners’ Association established or to be established for the benefit of a group of homeowners or property owners within the District. “Owners’ Association” means the association(s) established for the benefit of property owners within the District.

LA CIMA 2020 AMENDED AND RESTATED SAP 13 “Parcel” or “Parcels” mean a specific property within the District identified by either a tax map identification number assigned by the Hays Central Appraisal District for real property tax purpose, by metes and bounds description, or by lot and block number in a final subdivision plat recorded in the official public records of the County, or by any other means determined by the County. “Phase 1 - Section 1” means the area contained in Neighborhood Improvement Area #1 that contains 130 single family residential units on 67.926 acres, as shown in Exhibit S, and as described by metes and bounds on Exhibit T-1.

“Phase 1 - Section 1 Assessed Parcels” means all Parcels within Phase 1 - Section 1 other than Non-Benefited Property and Owner Association Property.

“Phase 1 - Section 1 Improvements” means Authorized Improvements which only benefit Phase 1 - Section 1 Assessed Parcels and are generally described in Section III and generally shown on Exhibit P-2.

“Phase 1 - Section 1 Owner” means LCSM Ph. 1-1, LLC, a Texas limited liability company wholly owned by Master Developer.

“Phase 1 - Section 2” means the area contained in Neighborhood Improvement Area #1 containing 101 single family residential units on 58.636 acres, as shown in Exhibit S, and as described by metes and bounds on Exhibit U-1.

“Phase 1 - Section 2 Assessed Parcels” means all Parcels within Phase 1 - Section 2 other than Non-Benefited Property and Owner Association Property.

“Phase 1 - Section 2 Improvements” means Authorized Improvements which only benefit Phase 1 - Section 2 Assessed Parcels and are generally described in Section III and generally shown on Exhibit P-3.

“Phase 1 - Section 2 Owner” means LCSM Ph. 1-2, LLC, a Texas limited liability company wholly owned by Master Developer.DRAFT “PID Bonds” mean the bonds to be issued by the County, in one or more series, to finance the Authorized Improvements that confer a special benefit on the property within the District, which may include funds for any required reserves and amounts necessary to pay the Bond Issuance Costs, and to be secured by a pledge of the applicable Special Assessments pursuant to the authority granted in the Act, for the purposes of (1) financing the costs of Authorized

LA CIMA 2020 AMENDED AND RESTATED SAP 14 Improvements and related costs, and (2) reimbursement for Actual Costs paid prior to the issuance of the PID Bonds. “PID Financing Agreement” means the La Cima Public Improvement District Financing Agreement by and between the County and Master Developer dated July 21, 2015, as amended by that First Amendment dated May 12, 2020, as may be further amended from time to time. “Prepayment” means the payment of all or a portion of a Special 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 a Special Assessment are not to be considered a Prepayment, but rather are to be treated as the payment of the regularly scheduled Special Assessment. “Prepayment Costs” mean interest and Administrative Expenses to the date of Prepayment. “Service Plan” means a plan that covers a period of five years and defines the annual projected costs and indebtedness for the Authorized Improvements undertaken within the District during the five year period. “Special Assessment” means an assessment levied against a Parcel imposed pursuant to an Assessment Order and the provisions herein, as shown on any Assessment Roll, subject to reallocation upon the subdivision of such Parcel or reduction according to the provisions herein and in the Act. “Trustee” means the trustee (or successor trustee) under an Indenture.

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LA CIMA 2020 AMENDED AND RESTATED SAP 15 SECTION II: THE DISTRICT

The District includes approximately 2,044 contiguous acres initially located within the City’s extra-territorial jurisdiction, as described on Exhibit R and depicted on Exhibit Q. As Parcels are platted, such areas are annexed into the City in accordance with the provisions of the Development Agreement. Development of the District is anticipated to include up to 2,800 residential units (including up to 720 multi-family units) and up to 200 acres planned for mixed use development, and includes the associated rights-of• way, landscaping, and infrastructure necessary to provide roadways, drainage, and utilities to the District.

A habitat conservation easement encompassing approximately 700 acres of the District has been acquired for by the County as part of the Hays County Regional Conservation Plan (the "HCRC Plan") as a habitat preserve for the golden-cheeked warbler by a perpetual conservation easement (the "Habitat Preserve"). Another approximately 100 acres of the District has been dedicated under the Development Agreement as open space and parkland.

The Major Improvement Area consists of all property within the District as described on Exhibit R and depicted on Exhibit Q.

Neighborhood Improvement Area #1 consists of approximately 126.562 acres containing 231 single family residential units, developed in two phases (Phase 1 - Section 1 and Phase 1 - Section 2), as depicted on Exhibit S. Legal descriptions for Phase 1 - Section 1 and Phase 1 - Section 2 are included in Exhibit T-1 and Exhibit U-1, respectively.

Neighborhood Improvement Area #2 consists of approximately 94.504 acres projected to consist of approximately 248 single family residential units, as depicted on Exhibit V. A legal description of Neighborhood Improvement Area #2 is included as Exhibit W.

Future Neighborhood Improvement Areas are expected to be developed within the District. As these Future Neighborhood Improvement Areas are developed, the County Commissioners Court will consider the levy of Special Assessments and the issuance of Neighborhood Improvement PID Bonds to finance the Actual Costs of the Neighborhood Improvement Area Improvements benefiting such Future Neighborhood Improvement Area. The estimated total District Special Assessments is containedDRAFT in Exhibit N and is provided for illustrative purposes only and is subject to adjustment. In addition, Future Major Improvement Area Bonds and/or Additional Neighborhood Improvement Area PID Bonds may be issued, which are not shown on Exhibit N. As Special Assessments are levied in the Future Neighborhood Improvement Areas, this Amended and Restated Service and Assessment Plan will be updated to include a description of Neighborhood Improvement Area Improvements and the updated Assessment Roll. The

LA CIMA 2020 AMENDED AND RESTATED SAP 16 issuance of Neighborhood Improvement PID Bonds are subject to the satisfaction of certain conditions precedent contained in the Future PID Bonds Test in the Indenture relating to the Major Improvement Area Bonds.

SECTION III: AUTHORIZED IMPROVEMENTS

The County Commissioners Court, based on information provided by the Master Developer and its engineer and reviewed by County staff and by third-party consultants retained by the County, has determined that the improvements described below are Authorized Improvements authorized by the Act. The cost and allocation of the Authorized Improvements is summarized on Exhibit A.

A. Major Improvements

. Water Improvements These improvements include the required water improvements to serve all Parcels within the District with up to 3,000 Living Unit Equivalents ("LUEs"). These improvements consist of upgrading the City's existing water pumping facility located on the east side of RR 12 north of the San Marcos Academy entrance, installation of a 300,000-gallon elevated storage tank, construction of approximately 2,700 linear feet of 12" water main from the water pumping facility to the on-site elevated storage tank. From there distribution lines serve the development including approximately 6,650 linear feet of 16" water main coming south from the elevated storage tank to West Centerpoint Road and then south along West Centerpoint Road to Central Park Loop. Two 12" waterlines connect to this transmission main - one extending approximately 1,000 linear feet north along West Centerpoint Road to RR 12 and the other along Central Park Loop from West Centerpoint Road approximately 3,700 linear feet to Residential Parcel 7.

The initial water improvements include acquisition of approximately 2,000 linear feet of easements along RR 12 and through the San Marcos Academy for the water line extension and an additional approximately 0.5-acre easement for the water pump station facility located adjacent to the existing RR 12 water plant site. The map attached hereto as Appendix P-1DRAFT depicts these proposed improvements. . Wastewater – Academy Lift Station These improvements include improvements to the neighboring San Marcos Academy existing lift station to increase capacity, construction of a new on-site lift station, and installation of new wastewater gravity and force main piping. This system includes upgrades to pumps and the electrical system at the existing San Marcos Academy Lift

LA CIMA 2020 AMENDED AND RESTATED SAP 17 Station, construction of a new on-site lift station near the southern boundary of Residential Parcel 2, installation of approximately 3,175 linear feet of 12" gravity wastewater piping, 4,000 linear feet of 8" and 12" service stubs to provide service to the adjoining development areas, and approximately 4,000 linear feet of 4" force main. The map attached hereto as Appendix P-1 depicts these proposed improvements.

. Wastewater – Franklin Improvements To accommodate the additional flow through the Academy Lift Station and the new Phase 1 Lift Station, these improvements also include pump and electrical improvements at the Franklin Lift Station; upgrading approximately 1,400 feet of existing 8" gravity wastewater main in Craddick to 1O"; upgrading approximately 900 linear feet of existing 1O" gravity wastewater main in Craddick to 12"; and survey, design, permits and easements for upsizing of approximately 3,100 feet of existing 12" to 18" line at Purgatory Creek (the construction of which will be funded through an existing approved City Capital Improvement Project). The map attached hereto as Appendix P-1 depicts these proposed improvements.

The Phase 1 Lift Station, wastewater piping, and improvements to the Franklin Lift Station and upsizing to Craddick and Purgatory Creek force mains that are part of this system provide wastewater service to Residential Parcels 1 thru 4. Via the Academy Lift Station upgrades and the other improvements, this system will provide 725 LUE's of wastewater service to be allocated between those Parcels projected to serve the initial three to five years of the Project. This system will also hook into and be used as part of the full-buildout wastewater service described below to serve all Parcels within the Project.

. Wastewater – Hunter Road These improvements include survey, design and easements for proposed additional onsite and offsite wastewater facilities to provide up to 3,000 LUE's of wastewater over the life of the Project to serve all Parcels of the District.

. West Centerpoint Road from RR12 to Central Park Loop This consists of approximately 1,000 linear feet of 4-lane divided roadway from the primary entrance of the District at Wonder World Drive and RR12, tapering for approximatelyDRAFT 500 feet to 2-lanes, and then approximately 6,200 feet arterial roadway through Non-Residential Tax Parcels 1 thru 5 and then thru Residential Tax Parcels 1 thru 4 ending at the Central Park Loop.

. Central Park Loop This consists of approximately 1,000 linear feet of a three-lane collector roadway which connects Centerpoint Road to the Central Park Loop and the amenity center to be located

LA CIMA 2020 AMENDED AND RESTATED SAP 18 along the Central Park Loop.

. Secondary Entry Road at Academy This consists of approximately 1,200 linear feet of a two-lane roadway serving as a secondary entrance to the Project from RR 12. This secondary entry road also provides beneficial access to and from the District and the neighboring San Marcos Academy private school.

. Soft Costs The Master Developer spent approximately $1,493,041 on engineering and other soft costs related to Authorized Improvements from September 1, 2013 through the date of the closing of the Major Improvement Area Bonds. These costs were reimbursed to the Master Developer from proceeds of the Major Improvement Area Bonds.

B. Improvement Area #1 Improvements The Neighborhood Improvement Area #1 Improvements are described below. A map showing the location of the Phase 1 - Section 1 Improvements is included as Exhibit P-2, and a map of the Phase 1 - Section 2 Improvements is included as Exhibit P-3.

Phase 1 - Section 1 Improvements . Streets Phase 1 - Section 1 Improvements including subgrade stabilization (including lime treatment and compaction), concrete and reinforcing steel for roadways, testing, handicapped ramps, and street lights. All related earthwork, excavation, erosion control, retaining walls, intersections, signage, lighting and re-vegetation of all disturbed areas within the right-of-way are included. The street improvements will provide street access to each Lot within Phase 1 - Section 1. . Water and Sewer Phase 1 - Section 1 Improvements including trench excavation and embedment, trench safety, PVC piping, manholes, service connections, testing, related earthwork, excavation, and erosion control all necessary appurtenances required to provide water and wastewater service to all Lots within Phase 1 - Section 1. . Storm Drainage/WaterDRAFT Quality Phase 1 - Section 1 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 Phase 1 - Section 1.

LA CIMA 2020 AMENDED AND RESTATED SAP 19 . Soft Costs Phase 1 - Section 1 soft costs include engineering and design, construction inspection fees, geotechnical testing, governmental submittal fees, and contractor completion bonds for the Phase 1 - Section 1 Improvements described above. Phase 1 - Section 2 Improvements . Streets Phase 1 - Section 2 Improvements including subgrade stabilization (including lime treatment and compaction), concrete and reinforcing steel for roadways, testing, handicapped ramps, and street lights. All related earthwork, excavation, erosion control, retaining walls, intersections, signage, lighting and re-vegetation of all disturbed areas within the right-of-way are included. The street improvements will provide street access to each Lot within Phase 1 - Section 2. . Water and Sewer Phase 1 - Section 2 Improvements including trench excavation and embedment, trench safety, PVC piping, manholes, service connections, testing, related earthwork, excavation, and erosion control all necessary appurtenances required to provide water and wastewater service to all Lots within Phase 1 - Section 2. . Storm Drainage/Water Quality Phase 1 - Section 2 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 Phase 1 - Section 2. . Soft Costs Phase 1 - Section 2 soft costs include engineering and design, construction inspection fees, geotechnical testing, governmental submittal fees, and contractor completion bonds for the Phase 1 - Section 2 Improvements described above. The Neighborhood Improvement Area #1 Improvements will provide a special benefit to Neighborhood Improvement Area #1 Assessed Parcels only. Accordingly, the Neighborhood Improvement Area #1DRAFT Improvements are allocated to Neighborhood Improvement Area #1 Assessed Parcels based on the special benefit each Parcel receives. Exhibit A summarizes the allocation of each Neighborhood Improvement Area #1 Improvement between Phase 1 - Section 1 Assessed Parcels and Phase 1 - Section 2 Assessed Parcels. The costs shown in Exhibit A are estimates and may be revised in Annual Service Plan Updates, but may not result in increased Special Assessments unless a supplemental assessment is levied in compliance with the requirements under the PID Act and all requirements to ensure that the interest on PID Bonds

LA CIMA 2020 AMENDED AND RESTATED SAP 20 remains exempt from federal income tax.

C. Neighborhood Improvement Area #2 Improvements The Neighborhood Improvement Area #2 Improvements are described below. A map showing the location of the Neighborhood Improvement Area #2 Improvements is included on Exhibit P- 4. . Streets Includes costs associated with subgrade stabilization, concrete and reinforcing steel for roadways, testing, sidewalks, accessibility ramps, earthwork, erosion control, retaining walls, intersections, signage, and re-vegetation of all disturbed areas within the right-of-way. The street improvements will provide street access to each Lot within Neighborhood Improvement Area #2. . Water and Sewer Includes costs associated with trench excavation and embedment, trench safety, PVC piping, manholes, service connections, testing, related earthwork, erosion control, and all necessary appurtenances required to provide water service. The major sewer collection system improvements consist of construction and installation of pipes, service lines, manholes, encasements and appurtenances. The water and sewer improvements will provide water and sewer for each Lot within Neighborhood Improvement Area #2. . Storm Drainage/Water Quality Includes costs associated with excavation, embankment, outfall structure, access ramps, earthen berm, gates, signage and all necessary appurtenances required by the City. The drainage improvements will provide necessary storm drainage for each Lot within Neighborhood Improvement Area #2. . Soft Costs Includes costs related to designing, constructing, and installing the Neighborhood Improvement Area #2 Improvements including land planning and design, County and City permits and fees, engineering, soil testing, survey, construction management, legal, specialDRAFT assessment consulting and contingency. The Neighborhood Improvement Area #2 Improvements will provide a special benefit to Neighborhood Improvement Area #2 Assessed Parcels only. Accordingly, the Neighborhood Improvement Area #2 Improvements are allocated to Neighborhood Improvement Area #2 Assessed Parcels based on the special benefit each Parcel receives. Exhibit A summarizes the allocation of each Neighborhood Improvement Area #2 Improvement. The costs shown on

LA CIMA 2020 AMENDED AND RESTATED SAP 21 Exhibit A are estimates and may be revised in Annual Service Plan Updates but may not result in increased Special Assessments unless a supplemental assessment is levied in compliance in compliance with the requirements under the PID Act and all requirements to ensure that the interest on PID Bonds remains exempt from federal income tax.

D. Bond Issuance Costs . Debt Service Reserve Fund Equals the amount required under an Indenture in connection with the issuance of PID Bonds. . Capitalized Interest Equals the capitalized interest payments on PID Bonds as reflected in an applicable Indenture. . Underwriting Discount Equals a percentage of the par amount of a series of PID Bonds plus a fee for underwriter’s counsel. . Cost of Issuance Includes costs associated with issuing PID Bonds, including but not limited to attorney fees, financial advisory fees, first year Administrative Expenses, consultant fees, appraisal fees, printing costs, publication costs, County costs, fees charged by the Texas Attorney General, and any other cost or expense directly associated with the issuance of PID Bonds.

SECTION IV: SERVICE PLAN

The Act requires the Service Plan to cover a period of at least five years and to define the annual projected costs and indebtedness for the Authorized Improvements undertaken within the District during the five-year period. The Service Plan must be reviewed and updated by the County Commissioners Court at least annually. Exhibit B of this 2020 Amended and Restated Service and Assessment Plan summarizes the Service Plan for the District.

Exhibit C summarizes the sources and uses of funds associated with the Major Improvement Area Bonds. Exhibit D summarizes the sources and uses of funds associated with the Neighborhood Improvement Area #1-2DRAFT Bonds. The sources and uses of funds shown on Exhibit C and Exhibit D shall be updated each year in the Annual Service Plan Update to reflect any budget revisions and Actual Costs.

LA CIMA 2020 AMENDED AND RESTATED SAP 22 SECTION V: ASSESSMENT PLAN

The Act allows the County Commissioners Court to apportion the Authorized Improvements to the Assessed Parcels based on the special benefit received from the Authorized Improvements. The 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 County Commissioners Court, with or without regard to improvements constructed on the property; or (3) in any other manner approved by the County Commissioners Court that results in imposing equal shares of such costs on property similarly benefited. The Act further provides that the governing body may establish by 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. The determination by the County Commissioners Court of the assessment methodologies set forth below is the result of the discretionary exercise by the County Commissioners Court of its legislative authority and governmental powers and is conclusive and binding on the current owners and all future owners and developers of the Assessed Parcels. A. Assessment Methodology The County Commissioners Court, acting in its legislative capacity based on information provided by the Master Developer and its engineer and reviewed by the County staff and by third-party consultants retained by the County, has determined that the Special Assessments shall be allocated as follows: 1. Major Improvements The Major Improvements shall be allocated to the Major Improvement Area Assessed Parcels by spreading the entire Major Improvement Area Assessment across all Assessed Parcels within the District as follows:

a. Determine the appraised value for each Parcel that was determined at the time the Major Improvement Area Bonds were issued b. Divide the appraised value of each Parcel by 3 c. DetermineDRAFT the Estimated Buildout Value for each Parcel d. For each line item within the Major Improvements estimated cost summary, identify which Major Improvement Area Assessed Parcels are benefitted by that particular Major Improvement, as shown on Exhibit A-1 e. Allocate the Major Improvements pro-rata by the Estimated Buildout Value of Parcels benefitting from each Major Improvements, as shown in Exhibit A-1

LA CIMA 2020 AMENDED AND RESTATED SAP 23 f. Choose the lesser of the amount calculated in (b) or (e) above to determine the Major Improvement Area Assessment for each Major Improvement Area Assessed Parcel

2. Neighborhood Improvement Area #1 Improvements The Phase 1 - Section 1 Improvements were allocated entirely to the Phase 1 - Section 1 Assessed Parcels. The Neighborhood Improvement Area #1 Assessments levied on Phase 1 - Section 1 were allocated across all Phase 1 - Section 1 Assessed Parcels based on the ratio of the Estimated Buildout Value of each Phase 1 - Section 1 Assessed Parcel to the total Estimated Buildout Value for all Phase 1 - Section 1 Assessed Parcels.

The Phase 1 - Section 2 Improvements were allocated entirely to the Phase 1 - Section 2 Assessed Parcels. The Neighborhood Improvement Area #1 Assessments levied on Phase 1 - Section 2 were allocated across all Phase 1 - Section 2 Assessed Parcels based on the ratio of the Estimated Buildout Value of each Phase 1 - Section 2 Assessed Parcel to the total Estimated Buildout Value for all Phase 1 - Section 2 Assessed Parcels. 3. Neighborhood Improvement Area #2 Improvements The Neighborhood Improvement Area #2 Improvements were allocated entirely to the Neighborhood Improvement Area #2 Assessed Parcels, which currently only consist of a single Parcel. As such, the entire Neighborhood Improvement Area #2 Assessment was levied against the single Parcel within Neighborhood Improvement Area #2. B. Special Assessments 1. Major Improvement Area Assessments The Major Improvement Area Assessments levied against the Major Improvement Area Assessed Parcels are shown on the Major Improvement Area Assessment Roll, attached hereto on Exhibit E. The projected Major Improvement Area Annual Installments are shown on Exhibit H. 2. Neighborhood Improvement Area #1 Assessments The Neighborhood Improvement Area #1 Assessments levied against the Neighborhood ImprovementDRAFT Area #1 Assessed Parcels are shown on the Neighborhood Improvement Area #1 Assessment Roll, attached hereto on Exhibit F. The projected Neighborhood Improvement Area #1 Annual Installments are shown on Exhibit I.

LA CIMA 2020 AMENDED AND RESTATED SAP 24 3. Neighborhood Improvement Area #2 Assessments The Neighborhood Improvement Area #2 Assessments levied against the Neighborhood Improvement Area #2 Assessed Parcels are shown on the Neighborhood Improvement Area #2 Assessment Roll, attached hereto on Exhibit G. The projected Neighborhood Improvement Area #2 Annual Installments are shown on Exhibit J.

C. Findings of Special Benefit The County Commissioners Court, acting in its legislative capacity based on information provided by the Master Developer and its engineer and reviewed by the County staff and by third-party consultants retained by the County, has found and determined: 1. Major Improvement Area a. The Actual Costs of the Major Improvements plus Bond Issuance Costs allocable to the Major Improvement Area equal $22,205,256, as shown on Exhibit A; and b. The Major Improvement Area Assessed Parcels receive special benefit from the Major Improvements and Bond Issuance Costs allocable to the Major Improvement Area equal to or greater than the Actual Costs of the Major Improvements and Bond Issuance Costs allocable to the Major Improvement Area; and c. The sum of the Major Improvement Area Assessments for all Major Improvement Area Assessed Parcels at the time the Major Improvement Area Assessments were levied equaled $19,200,000, of which $18,431,430 remains outstanding; and d. The special benefit (  $22,205,256) received by Major Improvement Area Assessed Parcels from the Major Improvements and Bond Issuance Costs allocable to the Major Improvement Area is greater than the amount of the Major Improvement Area Assessments ($19,200,000) levied against all Major Improvement Area Assessed Parcels; and e. At the time the County Commissioners Court levied the Major Improvement Area Assessments, the Original Owner owned 100% of the Assessed Parcels within the District. The Original Owner acknowledged that the Major Improvements confer a specialDRAFT benefit on the Assessed Parcels within the District and consented to the imposition of the Major Improvement Area Assessments to pay for the Actual Costs associated therewith. The Original Owner ratified, confirmed, accepted, agreed to and approved: (1) the determinations and findings by the County Commissioners Court as to the special benefits described herein and the Major

LA CIMA 2020 AMENDED AND RESTATED SAP 25 Improvement Area Assessment Order; and (2) the levying of Major Improvement Area Assessments on the Assessed Parcels within the District. 2. Improvement Area #1 a. Phase 1 - Section 1 1. The Phase 1 - Section 1 Improvements cost plus Bond Issuance Costs allocable to Phase 1 - Section 1 equal $4,404,896, as shown on Exhibit A; and

2. The Phase 1 - Section 1 Assessed Parcels receive special benefit from the Phase 1 - Section 1 Improvements and Bond Issuance Costs allocable to Phase 1 Section 1 equal to or greater than the cost of the Phase 1 - Section 1 Improvements and Bond Issuance Costs allocable to Phase 1 Section 1; and

3. The Neighborhood Improvement Area #1 Assessment allocated to Phase 1 - Section 1 Improvements for all Phase 1 - Section 1 Assessed Parcels at the time the Neighborhood Improvement Area #1 Assessments were levied equaled $1,785,000, of which $1,721,665 remains outstanding, as shown on the Neighborhood Improvement Area #1 Assessment Roll attached hereto as Exhibit F; and

4. The special benefit (  $4,404,896) received by Phase 1 - Section 1 Assessed Parcels from the Phase 1 - Section 1 Improvements and Bond Issuance Costs allocable to Phase 1 Section 1 is greater than the amount of the Neighborhood Improvement Area #1 Assessments ($1,785,000) levied for the Phase 1 - Section 1 Improvements.

5. At the time the Commissioners Court approved the Neighborhood Improvement Area #1 Service and Assessment Plan, the Phase 1 - Section 1 Owner owned 100% of the Phase 1 - Section 1 Assessed DRAFTParcels. The Phase 1 - Section 1 Owner has acknowledged that the Phase 1 - Section 1 Improvements confer a special benefit on the Phase 1 - Section 1 Assessed Parcels and consented to the imposition of the Neighborhood Improvement Area #1 Assessments to pay for the Actual Costs associated therewith. The Phase 1 - Section 1 Owner has ratified, confirmed, accepted, agreed

LA CIMA 2020 AMENDED AND RESTATED SAP 26 to and approved: (i) the determinations and findings by the Commissioners Court as to the special benefits described herein and the applicable Assessment Order; and (ii) the levying of Neighborhood Improvement Area #1 Assessments on Phase 1 - Section 1 Assessed Parcels.

b. Phase 1 - Section 2

1. The Phase 1 - Section 2 Improvements cost plus Bond Issuance Costs allocable to Phase 1 Section 2 equal $5,341,802, as shown on Exhibit B; and

2. The Phase 1 - Section 2 Assessed Parcels receive special benefit from the Phase 1 - Section 2 Improvements and Bond Issuance Costs allocable to Phase 1 Section 2 equal to or greater than the cost of the Phase 1 - Section 2 Improvements and Bond Issuance Costs allocable to Phase 1 Section 2; and

3. The Neighborhood Improvement Area #1 Assessment allocated to Phase 1 - Section 2 Improvements for all Phase 1 - Section 2 Assessed Parcels at the time the Neighborhood Improvement Area #1 Special Assessments were levied equaled $2,215,000, of which $2,148,335 remains outstanding, as shown on the Neighborhood Improvement Area #1 Special Assessment Roll attached hereto as Exhibit F; and

4. The special benefit (  $5,341,802) received by Phase 1 - Section 2 Assessed Parcels from the Phase 1 - Section 2 Improvements and Bond Issuance Costs allocable to Phase 1 Section 2 is greater than the amount of the Special Assessments ($2,215,000) levied for the Phase 1 - Section 2 Improvements.

5. At the time the Commissioners Court approved the Neighborhood DRAFTImprovement Area #2 Service and Assessment Plan, the Phase 1 - Section 2 Owner owned 100% of the Phase 1 - Section 2 Assessed Parcels. The Phase 1 - Section 2 Owner has acknowledged that the Phase 1 - Section 2 Improvements confer a special benefit on the Phase 1 - Section 2 Assessed Parcels and consented to the imposition of the Special Assessments to pay for the Actual Costs associated therewith. The Phase 1 - Section 2 Owner has ratified,

LA CIMA 2020 AMENDED AND RESTATED SAP 27 confirmed, accepted, agreed to and approved: (i) the determinations and findings by the Commissioners Court as to the special benefits described herein and the applicable Assessment Order; and (ii) the levying of Neighborhood Improvement Area #1 Assessments on Phase 1 - Section 2 Assessed Parcels.

3. Improvement Area #2 c. The Actual Costs of the Neighborhood Improvement Area #2 Improvements plus Bond Issuance Costs allocable to Neighborhood Improvement Area #2 equal $10,544,599, as shown on Exhibit A; and d. The Neighborhood Improvement Area #2 Assessed Parcels receive special benefit from the Neighborhood Improvement Area #2 Improvements and Bond Issuance Costs allocable to Neighborhood Improvement Area #2 equal to or greater than the Actual Costs of the Neighborhood Improvement Area #2 Improvements and Bond Issuance Costs allocable to Neighborhood Improvement Area #2; and e. The sum of the Neighborhood Improvement Area #2 Assessments for all Neighborhood Improvement Area #2 Assessed Parcels at the time the Neighborhood Improvement Area #2 Assessments were levied equaled $5,475,000, of which $5,475,000 remains outstanding; and f. The special benefit (  $10,544,599) received by Neighborhood Improvement Area #2 Assessed Parcels from the Neighborhood Improvement Area #2 Improvements and Bond Issuance Costs allocable to Neighborhood Improvement Area #2 is greater than the amount of the Neighborhood Improvement Area #2 Assessments ($5,475,000) levied against all Neighborhood Improvement Area #2 Assessed Parcels; and g. At the time the County Commissioners Court levied the Neighborhood Improvement Area #2 Assessments, the Neighborhood Improvement Area #2 Owner owned 100% of the Assessed Parcels within DRAFTNeighborhood Improvement Area #2. The Neighborhood Improvement Area #2 Owner acknowledged that the Neighborhood Improvement Area #2 Improvements confer a special benefit on the Assessed Parcels within Neighborhood Improvement Area #2 and consented to the imposition of the Neighborhood Improvement Area #2 Special Assessments to pay for the Actual Costs associated therewith. The

LA CIMA 2020 AMENDED AND RESTATED SAP 28 Neighborhood Improvement Area #2 Owner ratified, confirmed, accepted, agreed to and approved: (i) the determinations and findings by the Commissioners Court as to the special benefits described herein and the applicable Assessment Order; and (ii) the levying of Neighborhood Improvement Area #2 Assessments Neighborhood Improvement Area #2 Assessed Parcels. D. Administrative Expenses The costs of administering the District and collecting the Annual Installments shall be paid for on a pro rata basis by each Assessed Parcel based on the amount of outstanding Special Assessments remaining on the Parcels. The Administrative Expenses 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.

E. Additional Interest The interest rate on Special Assessments levied on the Assessed Parcels, if such Special Assessments secure PID Bonds, may exceed the interest rate on the PID Bonds by the Additional Interest Rate. The Additional Interest shall be collected as part of each Annual Installment and deposited and used as described in the Indenture for the applicable series of PID Bonds.

SECTION VI: TERMS OF THE ASSESSMENTS

A. Reallocation of Special Assessments 1. Upon Division Prior to Recording of Subdivision Plat Upon the division of any Assessed Parcel (without the recording of a subdivision plat or creation of units by horizontal condominium regime), the Administrator shall reallocate the Special Assessment for the Assessed Parcel prior to the division among the newly divided Assessed Parcels according to the following formula: A = B x (C ÷ D) Where the terms have the following meanings: A = theDRAFT Special Assessment for the newly divided Assessed Parcel B = the Special Assessment for the Assessed Parcel prior to division C = the Estimated Buildout Value of a given new divided Assessed Parcel D = the sum of the Estimated Buildout Value for all of the new divided Assessed Parcels

LA CIMA 2020 AMENDED AND RESTATED SAP 29 2. Upon Subdivision by a Recorded Subdivision Plat or creation of units by a horizontal condominium regime Upon the subdivision of any Assessed Parcel based on a recorded subdivision plat or creation of units by horizontal condominium regime, the Administrator shall reallocate the Special Assessment for the Assessed Parcel prior to the subdivision among the newly subdivided Lots according to the following formula: A = [B x (C ÷ D)]/E Where the terms have the following meanings: A = the Special Assessment for the newly subdivided Lot B = the Special Assessment for the Parcel prior to subdivision C = the sum of the Estimated Buildout Value of all new subdivided Lots with same Lot Type D = the sum of the Estimated Buildout Value for all of the new subdivided Lots excluding Non-Benefitted Property E= the number of Lots with same Lot Type

The calculation of the Estimated Buildout Value of a Parcel shall be performed by the Administrator based on information from the Owner, homebuilders, appraisals, official public records of the County, and any other relevant information regarding the Parcel. The calculation as confirmed by the County Commissioners Court shall be conclusive.

The sum of the Special Assessments for all newly divided Assessed Parcels shall not exceed the Special Assessment for the Assessed Parcel prior to subdivision. The calculation shall be made separately for each newly divided Assessed Parcel. The reallocation of a Special Assessment for an Assessed Parcel that is a homestead under Texas law may not exceed the Special Assessment prior to the reallocation. Any reallocation pursuant to this section shall be reflected in an update to this 2020 Amended and Restated Service and Assessment Plan approved by the County Commissioners Court. B. Upon Consolidation If two or more Lots or Parcels are consolidated, the Administrator shall allocate the Special Assessments againstDRAFT the Lots or Parcels before the consolidation to the consolidated Lot or Parcel, which allocation shall be approved by the County Commissioners Court in the next Annual Service Plan Update. C. True-up of Special Assessments if Maximum Special Assessment Exceeded If the aggregate Special Assessment for any Lot Type exceeds the Maximum Special Assessment, the owner of the applicable Assessed Parcel must partially prepay the Special Assessments for

LA CIMA 2020 AMENDED AND RESTATED SAP 30 each Assessed Parcel that exceeds the Maximum Special Assessment in an amount sufficient to reduce the Special Assessments to the Maximum Special Assessment. If a Prepayment is required, the final subdivision plat of any Assessed Parcel shall not be recorded without a letter from the Administrator confirming that the Prepayment has been made. The approval of a final subdivision plat without payment of such amounts does not eliminate the obligation of the person or entity filing the plat to pay such Special Assessments. Unless otherwise directed to a specific Special Assessment by the Parcel or Lot owner, any Prepayment or partial Prepayment for an Assessed Parcel within the District will be allocated between the Major Improvement Area Assessments and the Special Assessment levied on a specific Neighborhood Improvement Area proportionally based on the ratio of the outstanding Major Improvement Area Assessments and Special Assessments levied on a specific Neighborhood Improvement Area remaining outstanding on such Assessed Parcel at the time of such Prepayment or partial Prepayment.

D. Mandatory Prepayment of Special Assessments If an Assessed Parcel is transferred to a person or entity that is exempt from payment of the Special Assessment, the owner transferring the Assessed Parcel shall prepay the full amount of the Special Assessment, plus Prepayment Costs and Delinquent Collection Costs, prior to the transfer. If the owner of an Assessed Parcel causes the Assessed Parcel to become Non-Benefited Property, the owner causing the change in status shall prepay the full amount of the Special Assessment, plus Prepayment Costs and Delinquent Collection Costs, prior to the change in status.

E. Reduction of Special Assessments If as a result of cost savings or an Authorized Improvement not being constructed, the Actual Costs of completed Authorized Improvements are less than the Special Assessments levied for such Authorized Improvements, (A) in the event PID Bonds are not issued, the County Commissioners Court shall reduce each Special Assessment levied for such Authorized Improvements on a pro-rata basis such that the sum of the resulting reduced Special Assessments for all Assessed Parcels equals the Actual Costs that were expended, or (B) in the event that PID Bonds are issued, the Trustee shall apply amounts on deposit in the applicable account of the project fund relating DRAFTto the PID Bonds that are not expected to be used for purposes of the Project Fund, to redeem outstanding PID Bonds, in accordance with the applicable Indenture. The Special Assessments shall not, however, be reduced to an amount less than the outstanding PID Bonds. The Administrator shall update (and submit to the County Commissioners Court for review and approval as part of the next Annual Service Plan Update) the Assessment Rolls and corresponding Annual Installments to reflect the reduced Special Assessments.

LA CIMA 2020 AMENDED AND RESTATED SAP 31 F. Prepayment of Special Assessments The owner of an Assessed Parcel may pay, at any time, all or any part of a Special Assessment in accordance with the Act. 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 a Special Assessment is paid in full, with interest: (1) the Administrator shall cause the Special 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 County Commissioners Court as part of the next Annual Service Plan Update; (3) the obligation to pay the Special Assessment and corresponding Annual Installments shall terminate; and (4) the County shall provide the owner with a recordable "Notice of PID Assessment Termination", a form of which is attached as Exhibit L. If a Special Assessment is paid in part, with interest: (1) the Administrator shall cause the Special Assessment to be reduced and the Assessment Roll revised accordingly; (2) the Administrator shall cause the revised Assessment Roll to be approved by the County Commissioners Court as part of the next Annual Service Plan Update; and (3) the obligation to pay the Special Assessment and corresponding Annual Installments shall be reduced.

Unless otherwise directed to a specific Special Assessment by the Parcel or Lot owner, any Prepayment or partial Prepayment for an Assessed Parcel within the District will be allocated between the Major Improvement Area Assessments and the Special Assessment levied on a specific Neighborhood Improvement Area proportionally based on the ratio of the outstanding Major Improvement Area Assessments and Special Assessments levied on a specific Neighborhood Improvement Area remaining outstanding on such Assessed Parcel at the time of such Prepayment or partial Prepayment.

G. Payment of Special Assessment in Annual Installments

Special Assessments that are not paid in full shall be due and payable in Annual Installments. Annual Installments are subject to adjustment in each Annual Service Plan Update. No less frequently than annually, the Administrator shall prepare and submit to the County Commissioners Court for its review and approval an Annual Service Plan Update to allow for the billing and collectionDRAFT of Annual Installments. Each Annual Service Plan Update shall include an updated Assessment Roll and updated calculations of Annual Installments. Annual Installments shall be reduced by any credits applied under the applicable Indenture, such as capitalized interest, interest earnings on account balances, and any other funds available to the Trustee for such purposes. Annual Installments shall be collected by the County in the same manner and at the same time as ad valorem taxes. Annual Installments for any Special Assessment claimed as

LA CIMA 2020 AMENDED AND RESTATED SAP 32 homesteads shall be subject to the penalties, procedures, and foreclosure sale in case of delinquencies as set forth in the Act and in the same manner as ad valorem taxes for the County. The County Commissioners Court may provide for other means of collecting Annual Installments. Special Assessments shall have the lien priority specified in the Act. For any Assessed Parcels claimed as homesteads, the sale of an Assessed Parcel for nonpayment of Annual Installments shall be subject to the lien for the remaining unpaid Special Assessment against the Assessed Parcel, and the Assessed Parcel may again be sold at a judicial foreclosure sale if the Parcel owner fails to timely pay the Annual Installments as they become due and payable.

To the extent allowed by the law, the County reserves the right to refund PID Bonds in accordance with the 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 “PID Bonds.”

Each Annual Installment of a Special Assessment, including interest on the unpaid principal of the Special Assessment, shall be updated annually. Each Annual Installment shall be delinquent if not paid prior to February 1 of the following year.

H. Prepayment as a result of Eminent Domain Proceeding or Taking If any portion of any Assessed Parcels is taken from an owner as a result of eminent domain proceedings or if a transfer of any portion of any Assessed Parcels is made to an entity with the authority to condemn all or a portion of the Assessed Parcel in lieu of or as a part of an eminent domain proceeding (a “Taking”), the portion of the Assessed Parcel that was taken or transferred (the “Taken Property”) shall be reclassified as Non-Benefitted Property. For the Assessed Parcel that is subject to the Taking as described in the preceding paragraph, the Special Assessment that was levied against the Assessed Parcel (when it was included in the Taken Property) prior to the Taking shall remain in force against the remaining Assessed Parcel (the Assessed Parcel less the Taken Property), (the “Remaining Property”) following the reclassification of the Taken Property as Non-Benefitted Property, subject to an adjustment of the Special 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 DRAFT by this 2020 Amended and Restated Service and Assessment Plan, as updated, or the PID Act, the Special 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 Special Assessments that remain due on the Remaining Property exceed the Maximum Special Assessment, the owner will be required to make a Prepayment in an amount necessary to ensure

LA CIMA 2020 AMENDED AND RESTATED SAP 33 that the Special Assessments against the Remaining Property does not exceed the Maximum Special Assessment, in which case the Special Assessments and Annual Installments applicable to the Remaining Property will be reduced by the amount of the partial Prepayment. In all instances the Special Assessments remaining on the Remaining Property shall not exceed the Maximum Special Assessment. By way of illustration, if an owner owns 100 acres of Assessed Property subject to a $100 Special 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 Special Assessment, (provided that this $100 Special Assessment does not exceed the Maximum Special Assessment on the Remaining Property). If the Administrator determines that the $100 Special Assessment reallocated to the Remaining Property would exceed the Maximum Special Assessment on the Remaining Property by $10, then the owner shall be required to pay $10 as a Prepayment of the Special Assessments against the Remaining Property and the Special Assessments on the Remaining Property shall be adjusted to be $90 and the Annual Installments adjusted accordingly.

Notwithstanding the previous paragraphs in this subsection (H), if the owner notifies the City and the Administrator that the Taking prevents the Remaining Property from being developed for any use which could support the Estimated Buildout Value requirement, the owner shall, upon receipt of the compensation for the Taken Property, be required to prepay the amount of the Special Assessments required to buy down the outstanding Special Assessments to the Maximum Special Assessment on the Remaining Property to support the Estimated Buildout Value requirement. The owner will remain liable to pay the Annual Installments on both the Taken Property and the Remaining Property until such time that such Special Assessments have been prepaid in full. Unless otherwise directed to a specific Special Assessment by the Parcel or Lot owner, any Prepayment or partial Prepayment for an Assessed Parcel within the District will be allocated between the Major Improvement Area Assessments and the Special Assessment levied on a specific Neighborhood Improvement Area proportionally based on the ratio of the outstanding Major Improvement Area Assessments and Special Assessments levied on a specific Neighborhood Improvement Area remaining outstanding on such Assessed Parcel at the time of such Prepayment or DRAFTpartial Prepayment. Notwithstanding the previous paragraphs in this subsection (H), the Special Assessments shall not, however, be reduced to an amount less than the outstanding PID Bonds.

LA CIMA 2020 AMENDED AND RESTATED SAP 34 SECTION VII: ASSESSMENT ROLL

The Major Improvement Area Assessment Roll is attached on Exhibit E, the Neighborhood Improvement Area #1 Assessment Roll is attached on Exhibit F, and the Neighborhood Improvement Area #2 Assessment Roll is attached on Exhibit G. The Administrator shall prepare and submit to the County Commissioners Court for review and approval, proposed revisions to the Assessment Rolls as well as the Annual Installments as part of each Annual Service Plan Update.

SECTION VIII: ADDITIONAL PROVISIONS

A. Calculation Errors To the extent consistent with the Act, an owner of an Assessed Parcel claiming that a calculation error has been made in the Assessment Roll, including the calculation of the Annual Installments, shall send a written notice describing the error to the County not later than thirty (30) days after the date any amount which is alleged to be incorrect is due prior to seeking any other remedy. The Administrator shall promptly review the notice, and if necessary, meet with the Assessed Parcel owner, consider written and oral evidence regarding the alleged error and decide whether, in fact, such a calculation error occurred. If the Administrator determines that a calculation error has been made and the Assessment Roll should be modified or changed in favor of the Assessed Parcel owner, such change or modification shall be presented to the County Commissioners Court for approval, to the extent permitted by the Act. A cash refund may not be made for any amount previously paid by the Assessed Parcel owner (except for the final year during which the Annual Installment shall be collected), but an adjustment may be made in the amount of the Annual Installment to be paid in the following year. The decision of the Administrator regarding a calculation error relating to the Assessment Roll may be appealed to the County Commissioners Court for determination. Any amendments made to the Assessment Roll pursuant to calculation errors shall be made pursuant to the Act. B. Amendments Amendments to this 2020 Amended and Restated Service and Assessment Plan must be made by the County CommissionersDRAFT Court in accordance with Texas law, including the Act. To the extent permitted by the Act, this 2020 Amended and Restated Service and Assessment Plan may be amended without notice to owners of the Assessed Parcels: (1) to correct mistakes and clerical errors; (2) to clarify ambiguities; and (3) to provide procedures to collect Special Assessments, Annual Installments, and other charges imposed by this 2020 Amended and Restated Service and Assessment Plan.

LA CIMA 2020 AMENDED AND RESTATED SAP 35 C. Administration and Interpretation The Administrator shall: (1) perform the obligations of the Administrator as set forth in this 2020 Amended and Restated Service and Assessment Plan; (2) administer the District for and on behalf of and at the direction of the County Commissioners Court; and (3) interpret the provisions of this 2020 Amended and Restated Service and Assessment Plan. Interpretations of this 2020 Amended and Restated Service and Assessment Plan by the Administrator shall be in writing and shall be appealable to the County Commissioners Court by owners or developers adversely affected by the interpretation. Appeals shall be decided by the County Commissioners Court after holding a public hearing at which all interested parties have an opportunity to be heard. Decisions by the County Commissioners Court shall be final and binding on the owners and developers and their successors and assigns. D. Severability If any provision of this 2020 Amended and Restated Service and Assessment Plan 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.

E. Termination of Special Assessments Each Special Assessment shall terminate on the date the Special Assessment is paid in full, including unpaid Annual Installments and Delinquent Collection Costs, if any. After termination of a Special Assessment, the County shall provide the owner of the affected Parcel a recordable “Notice of the Special Assessment Termination” a form of which is attached as Exhibit L. DRAFT

LA CIMA 2020 AMENDED AND RESTATED SAP 36 LIST OF EXHIBITS Exhibit A Cost and Allocation of Authorized Improvements Exhibit A-1 Allocation of Major Improvements Exhibit B Service Plan Exhibit C Sources and Uses of Funds – Major Improvement Area Bonds Exhibit D Sources and Uses of Funds – Neighborhood Improvement Area #1-2 Bonds Exhibit E Major Improvement Area Assessment Roll Exhibit F Neighborhood Improvement Area #1 Assessment Roll Exhibit G Neighborhood Improvement Area #2 Assessment Roll Exhibit H Major Improvement Area Estimated Annual Installments Exhibit H-1 Major Improvement Area Parcel # R143375 Estimated Annual Installments Exhibit H-2 Major Improvement Area Parcel # R143374 Estimated Annual Installments Exhibit H-3 Major Improvement Area Parcel # R143373 Estimated Annual Installments Exhibit H-4 Major Improvement Area Parcel # R143372 Estimated Annual Installments Exhibit H-5 Major Improvement Area Parcel # R143371 Estimated Annual Installments Exhibit H-6 Major Improvement Area Parcel # R143368 Estimated Annual Installments Exhibit H-7 Major Improvement Area Parcel # R143367 Estimated Annual Installments Exhibit H-8 Major Improvement Area Parcel # R18169 Estimated Annual Installments Exhibit H-9 Major Improvement Area Parcel # R19065 Estimated Annual Installments Exhibit H-10 Major Improvement Area Parcel # R143364 Estimated Annual Installments Exhibit H-11 Major Improvement Area Parcel # R13142 Estimated Annual Installments Exhibit H-12 Major Improvement Area Parcel # R143365 Estimated Annual Installments Exhibit I Neighborhood Improvement Area #1 Estimated Annual Installments Exhibit J Neighborhood Improvement Area #2 Estimated Annual Installments Exhibit K Maximum Special Assessment Exhibit L Form of Notice of Special Assessment Termination Exhibit M-1 Lot Type 1 Homebuyer Disclosure Exhibit M-2 DRAFT Lot Type 2 Homebuyer Disclosure Exhibit M-3 Lot Type 3 Homebuyer Disclosure Exhibit M-4 Lot Type 4 Homebuyer Disclosure Exhibit N Estimated Total District Special Assessments Exhibit O Conceptual Land Use Plan

LA CIMA 2020 AMENDED AND RESTATED SAP 37 Exhibit P-1 Map of Major Improvements Exhibit P-2 Map of Phase 1 Section 1 Improvements Exhibit P-3 Map of Phase 1 Section 2 Improvements Exhibit P-4 Map of Neighborhood improvement Area #2 Improvements Exhibit Q Major Improvement Area Map Exhibit R Major Improvement Area Legal Description Exhibit S Neighborhood Improvement Area #1 Map Exhibit T-1 Phase 1 Section 1 Legal Description Exhibit T-2 Phase 1 Section 1 Plat Exhibit U-1 Phase 1 Section 2 Legal Description Exhibit U-2 Phase 1 Section 2 Plat Exhibit V Neighborhood Improvement Area #2 Map Exhibit W Neighborhood Improvement Area #2 Legal Description Exhibit X Major Improvement Area Bonds Debt Service Schedule Exhibit Y Neighborhood Improvement Area #1-2 Bonds Debt Service Schedule

DRAFT

LA CIMA 2020 AMENDED AND RESTATED SAP 38 EXHIBIT A – COST AND ALLOCATION OF AUTHORIZED IMPROVEMENTS

Major Neighborhood Phase 1 Section 1 Phase 1 Section 2 Estimated Cost Improvement Area Improvement Area Allocation Allocation Allocation #2 Allocation Major Improvements Water $ 4,516,048 $ 4,516,048 $ - $ - $ - Wastewater - Academy LS 1,947,562 1,947,562 - - - Wastewater - Franklin Improvements 1,142,939 1,142,939 - - - Wastewater - Hunter Road 365,151 365,151 - - - Central Park Loop Road 38,602 38,602 - - - Centerpoint from RR12 to Central Park Loop 7,051,924 7,051,924 - - - Secondary Entry Road at Academy 1,044,383 1,044,383 - - - Soft Costs from 9/13 through closing 1,493,041 1,493,041 - - - $ 17,599,650 $ 17,599,650 $ - $ - $ - Phase 1 - Section 1 Improvements Streets $ 1,617,340 $ - $ 1,617,340 $ - $ - Water and Sewer 1,201,903 - 1,201,903 - - Storm Drainage/Water Quality 773,178 - 773,178 - - Soft Costs 513,760 - 513,760 - - $ 4,106,181 $ - $ 4,106,181 $ - $ - Phase 1 - Section 2 Improvements Streets $ 2,287,210 $ - $ - $ 2,287,210 $ - Water and Sewer $ 1,195,560 - - 1,195,560 - Storm Drainage/Water Quality $ 1,045,328 - - 1,045,328 - Soft Costs $ 440,960 - - 440,960 - $ 4,969,058 $ - $ - $ 4,969,058 $ - Neighborhood Improvement Area #2 Improvements Streets $ 3,126,051 $ - $ - $ - $ 3,126,051 Water and Sewer $ 2,729,614 - - - 2,729,614 Storm Drainage/Water Quality $ 2,867,502 - - - 2,867,502 Soft Costs $ 871,500 - - - 871,500 $ 9,594,667 $ - $ - $ - $ 9,594,667 Bond Issuance Expenses Major Improvement Area Bond [a] Capitalized Interest $ 1,452,556 $ 1,452,556 $ - $ - $ - Reserve Fund 1,647,800 1,647,800 - - - Cost of Issuance 1,041,250 1,041,250 - - - Underwriter's Discount 464,000 464,000 - - - $ 4,605,606 $ 4,605,606 $ - $ - $ - Neighborhood Improvement Area #1-2 Bond [b] Capitalized Interest $ - $ - $ - $ - $ - Reserve Fund 780,340 - 143,765 179,393 457,182 Cost of Issuance 560,700 - 103,300 128,900 328,500 Underwriter's Discount 280,350 - 51,650 64,450 164,250 $ 1,621,390 $ - $ 298,715 $ 372,744 $ 949,932

Total Authorized Improvements & Bond Issuance Costs $ 42,496,552 $ 22,205,256 $ 4,404,896 $ 5,341,802 $ 10,544,599

[a] Includes 1st year Administrative Expenses. [b] Does not include Administrative Expenses. Note: The figures shown above are estimatesDRAFT only and subject to change.

LA CIMA 2020 AMENDED AND RESTATED SAP 39 EXHIBIT A-1 –ALLOCATION OF MAJOR IMPROVEMENTS

DRAFT

LA CIMA 2020 AMENDED AND RESTATED SAP 40 EXHIBIT B – SERVICE PLAN

Major Improvement Area Annual Installments Due 1/31/2021 1/31/2022 1/31/2023 1/31/2024 1/31/2025 Major Improvement Area Bonds Principal $ 280,000 $ 270,000 $ 320,000 $ 345,000 $ 370,000 Interest $ 1,269,300 $ 1,255,300 $ 1,238,425 $ 1,218,425 $ 1,196,863 (1) $ 1,549,300 $ 1,525,300 $ 1,558,425 $ 1,563,425 $ 1,566,863

Administrative Expenses (2) $ 43,808 $ 44,684 $ 45,578 $ 46,490 $ 47,420

Additional Interest (3) $ 92,200 $ 90,800 $ 89,450 $ 87,850 $ 86,125

Total Annual Installment (4) = (1) + (2) + (3) $ 1,685,308 $ 1,660,784 $ 1,693,453 $ 1,697,765 $ 1,700,407

Neighborhood Improvement Area #1 Annual Installments Due 1/31/2021 1/31/2022 1/31/2023 1/31/2024 1/31/2025 Neighborhood Improvement Area #1 Bonds Principal $ 65,000 $ 65,000 $ 60,000 $ 65,000 $ 65,000 Interest $ 212,807 $ 180,738 $ 177,650 $ 174,800 $ 171,713 (1) $ 277,807 $ 245,738 $ 237,650 $ 239,800 $ 236,713

Administrative Expenses (2) $ 9,202 $ 9,414 $ 9,603 $ 9,795 $ 9,991

Additional Interest (3) $ - $ 19,025 $ 18,700 $ 18,400 $ 18,075

Total Annual Installment (4) = (1) + (2) + (3) $ 287,009 $ 274,177 $ 265,953 $ 267,995 $ 264,778

Neighborhood Improvement Area #2 Annual Installments Due 1/31/2021 1/31/2022 1/31/2023 1/31/2024 1/31/2025 Neighborhood Improvement Area #2 Bonds Principal $ 80,000 $ 75,000 $ 75,000 $ 80,000 $ 85,000 Interest $ 273,750 $ 256,263 $ 252,700 $ 249,138 $ 245,338 (1) $ 353,750 $ 331,263 $ 327,700 $ 329,138 $ 330,338

Administrative Expenses (2) $ 13,007 $ 13,267 $ 13,533 $ 13,803 $ 14,079

Additional Interest (3) $ - $ 26,975 $ 26,600 $ 26,225 $ 25,825

Total Annual Installment (4) = (1) + (2) + (3) $ 366,757 $ 371,505 $ 367,833 $ 369,166 $ 370,242 Note: The figures shown above are estimatesDRAFT only and subject to change.

LA CIMA 2020 AMENDED AND RESTATED SAP 41 EXHIBIT C – SOURCES & USES OF FUNDS MAJOR IMPROVEMENT AREA BOND

Sources of Funds Major Improvement Area Bond Par $ 19,200,000 Premium $ 45,321 Original Landowner Contributrion $ 2,959,935 Total Sources $ 22,205,256

Uses of Funds

Major Improvements $ 17,599,650

Bond Issuance Costs [a] Capitalized Interest $ 1,452,556 Reserve Fund $ 1,647,800 Cost of Issuance $ 1,041,250 Underwriter's Discount $ 464,000 $ 4,605,606

Total Uses $ 22,205,256

[a] Includes 1st year Administrative Expenses.

DRAFT

LA CIMA 2020 AMENDED AND RESTATED SAP 42 EXHIBIT D - SOURCES & USES OF FUNDS NEIGHBORHOOD IMPROVEMENT AREA #1-2 BOND

Neighborhood Neighborhood Improvement Improvement Area #1 Area #2 Total Sources of Funds Neighborhood Improvement Area #1-2 Bond Par $ 3,870,000 $ 5,475,000 $ 9,345,000 Owner Contribution (b) $ 5,876,697 $ 5,069,599 $ 10,946,296 Total Sources $ 9,746,697 $ 10,544,599 $ 20,291,296

Uses of Funds Authorized Improvements Phase 1 Section 1 Improvements $ 4,106,181 $ - $ 4,106,181 Phase 1 Section 2 Improvements 4,969,058 - 4,969,058 Neighborhood Improvement Area #2 Improvements - 9,594,667 9,594,667 $ 9,075,239 $ 9,594,667 $ 18,669,906

Bond Issuance Costs [a] Capitalized Interest $ - $ - $ - Reserve Fund 323,158 457,182 780,340 Cost of Issuance 232,200 328,500 560,700 Underwriter's Discount 116,100 164,250 280,350 $ 671,458 $ 949,932 $ 1,621,390

Total Uses $ 9,746,697 $ 10,544,599 $ 20,291,296

[a] Does not include Administrative Expenses. [b] Non reimburseable to Owner.

Note: The figures shown above are estimates only and subject to change. DRAFT

LA CIMA 2020 AMENDED AND RESTATED SAP 43 EXHIBIT E – MAJOR IMPROVEMENT AREA ASSESSMENT ROLL

Major Improvement Area Bonds Outstanding Special Annual Installment Property ID Lot Type Assessment Due 1/31/2021 R143375 N/A $ 1,090,072.92 $ 99,626.30 R143374 N/A $ 849,968.75 $ 77,682.18 R143373 N/A $ 1,162,104.17 $ 106,209.53 R143372 N/A $ 1,200,520.83 $ 109,720.59 R143371 N/A $ 537,833.33 $ 49,154.83 R143367 N/A $ 1,195,718.75 $ 109,281.71 R18169 N/A $ 1,834,395.83 $ 167,653.07 R19065 N/A $ 1,522,260.42 $ 139,125.71 R143364 N/A $ 493,010.01 $ 45,058.24 R13142 N/A $ 3,588,760.83 $ 327,991.78 R143365 N/A $ 902,791.67 $ 82,509.89 R159385 1 $ 8,569.87 $ 783.24 R159386 1 $ 8,569.87 $ 783.24 R159387 1 $ 8,569.87 $ 783.24 R159388 1 $ 8,569.87 $ 783.24 R159389 Open Space $ - $ - R159390 1 $ 8,569.87 $ 783.24 R159391 1 $ 8,569.87 $ 783.24 R159392 1 $ 8,569.87 $ 783.24 R159393 1 $ 8,569.87 $ 783.24 R159394 1 $ 8,569.87 $ 783.24 R159395 1 $ 8,569.87 $ 783.24 R159396 1 $ 8,569.87 $ 783.24 R159397 1 $ 8,569.87 $ 783.24 R159398 1 $ 8,569.87 $ 783.24 R159399 1 $ 8,569.87 $ 783.24 R159400 1 $ 8,569.87 $ 783.24 R159401 1 $ 8,569.87 $ 783.24 R159402 1 $ 8,569.87 $ 783.24 R159403 Prepaid $ - $ - R159404 1 $ 8,569.87 $ 783.24 R159405 2 $ 10,490.71 $ 958.78 R159406 2 $ 10,490.71 $ 958.78 R159407 2 $ 10,490.71 $ 958.78 R159408 2 $ 10,490.71 $ 958.78 R159409 2 $ 10,490.71 $ 958.78 R159410 2 $ 10,490.71 $ 958.78 R159411 2 $ 10,490.71 $ 958.78 R159412 2 $ 10,490.71 $ 958.78 R159413 2 $ 10,490.71 $ 958.78 R159414 2 $ 10,490.71 $ 958.78 DRAFTR159415 2 $ 10,490.71 $ 958.78 R159416 2 $ 10,490.71 $ 958.78 R159417 Open Space $ - $ - R159418 2 $ 10,490.71 $ 958.78 R159419 2 $ 10,490.71 $ 958.78 R159420 2 $ 10,490.71 $ 958.78 R159421 2 $ 10,490.71 $ 958.78 R159422 2 $ 10,490.71 $ 958.78 R159423 2 $ 10,490.71 $ 958.78

LA CIMA 2020 AMENDED AND RESTATED SAP 44 Major Improvement Area Bonds Outstanding Special Annual Installment Property ID Lot Type Assessment Due 1/31/2021 R159424 2 $ 10,490.71 $ 958.78 R159425 1 $ 8,569.87 $ 783.24 R159426 1 $ 8,569.87 $ 783.24 R159427 1 $ 8,569.87 $ 783.24 R159428 1 $ 8,569.87 $ 783.24 R159429 1 $ 8,569.87 $ 783.24 R159430 Open Space $ - $ - R159431 1 $ 8,569.87 $ 783.24 R159432 1 $ 8,569.87 $ 783.24 R159433 1 $ 8,569.87 $ 783.24 R159434 1 $ 8,569.87 $ 783.24 R159435 1 $ 8,569.87 $ 783.24 R159436 1 $ 8,569.87 $ 783.24 R159437 1 $ 8,569.87 $ 783.24 R159438 1 $ 8,569.87 $ 783.24 R159439 1 $ 8,569.87 $ 783.24 R159440 1 $ 8,569.87 $ 783.24 R159441 1 $ 8,569.87 $ 783.24 R159442 1 $ 8,569.87 $ 783.24 R159443 1 $ 8,569.87 $ 783.24 R159444 1 $ 8,569.87 $ 783.24 R159445 1 $ 8,569.87 $ 783.24 R159446 1 $ 8,569.87 $ 783.24 R159447 1 $ 8,569.87 $ 783.24 R159448 1 $ 8,569.87 $ 783.24 R159449 1 $ 8,569.87 $ 783.24 R159450 1 $ 8,569.87 $ 783.24 R159451 Open Space $ - $ - R159452 2 $ 10,490.71 $ 958.78 R159453 2 $ 10,490.71 $ 958.78 R159454 2 $ 10,490.71 $ 958.78 R159455 2 $ 10,490.71 $ 958.78 R159456 2 $ 10,490.71 $ 958.78 R159457 2 $ 10,490.71 $ 958.78 R159458 2 $ 10,490.71 $ 958.78 R159459 2 $ 10,490.71 $ 958.78 R159460 2 $ 10,490.71 $ 958.78 R159461 2 $ 10,490.71 $ 958.78 R159462 2 $ 10,490.71 $ 958.78 R159463 1 $ 8,569.87 $ 783.24 R159464 1 $ 8,569.87 $ 783.24 R159465DRAFT1 $ 8,569.87 $ 783.24 R159466 1 $ 8,569.87 $ 783.24 R159467 1 $ 8,569.87 $ 783.24 R159468 1 $ 8,569.87 $ 783.24 R159469 1 $ 8,569.87 $ 783.24 R159470 1 $ 8,569.87 $ 783.24 R159471 Open Space $ - $ - R159472 2 $ 10,490.71 $ 958.78 R159473 2 $ 10,490.71 $ 958.78

LA CIMA 2020 AMENDED AND RESTATED SAP 45 Major Improvement Area Bonds Outstanding Special Annual Installment Property ID Lot Type Assessment Due 1/31/2021 R159474 2 $ 10,490.71 $ 958.78 R159475 2 $ 10,490.71 $ 958.78 R159476 2 $ 10,490.71 $ 958.78 R159477 2 $ 10,490.71 $ 958.78 R159478 2 $ 10,490.71 $ 958.78 R159479 2 $ 10,490.71 $ 958.78 R159480 2 $ 10,490.71 $ 958.78 R159481 Open Space $ - $ - R159482 1 $ 8,569.87 $ 783.24 R159483 1 $ 8,569.87 $ 783.24 R159484 1 $ 8,569.87 $ 783.24 R159485 1 $ 8,569.87 $ 783.24 R159486 1 $ 8,569.87 $ 783.24 R159487 1 $ 8,569.87 $ 783.24 R159488 1 $ 8,569.87 $ 783.24 R159489 1 $ 8,569.87 $ 783.24 R159490 1 $ 8,569.87 $ 783.24 R159491 1 $ 8,569.87 $ 783.24 R159492 1 $ 8,569.87 $ 783.24 R159493 1 $ 8,569.87 $ 783.24 R159494 1 $ 8,569.87 $ 783.24 R159495 2 $ 10,490.71 $ 958.78 R159496 2 $ 10,490.71 $ 958.78 R159497 2 $ 10,490.71 $ 958.78 R159498 2 $ 10,490.71 $ 958.78 R159499 2 $ 10,490.71 $ 958.78 R159500 2 $ 10,490.71 $ 958.78 R159501 2 $ 10,490.71 $ 958.78 R159502 2 $ 10,490.71 $ 958.78 R159503 2 $ 10,490.71 $ 958.78 R159504 2 $ 10,490.71 $ 958.78 R159505 2 $ 10,490.71 $ 958.78 R159506 2 $ 10,490.71 $ 958.78 R159507 2 $ 10,490.71 $ 958.78 R159508 2 $ 10,490.71 $ 958.78 R159509 2 $ 10,490.71 $ 958.78 R159510 2 $ 10,490.71 $ 958.78 R159511 2 $ 10,490.71 $ 958.78 R159512 2 $ 10,490.71 $ 958.78 R159513 2 $ 10,490.71 $ 958.78 R159514 2 $ 10,490.71 $ 958.78 R159515DRAFT2 $ 10,490.71 $ 958.78 R159516 2 $ 10,490.71 $ 958.78 R159517 2 $ 10,490.71 $ 958.78 R159518 2 $ 10,490.71 $ 958.78 R159519 2 $ 10,490.71 $ 958.78 R159520 2 $ 10,490.71 $ 958.78 R159521 Open Space $ - $ - R159522 Open Space $ - $ - R159523 Open Space $ - $ -

LA CIMA 2020 AMENDED AND RESTATED SAP 46 Major Improvement Area Bonds Outstanding Special Annual Installment Property ID Lot Type Assessment Due 1/31/2021 R159524 Open Space $ - $ - R168481 3 $ 9,928.70 $ 907.43 R168482 3 $ 9,928.70 $ 907.43 R168483 3 $ 9,928.70 $ 907.43 R168484 3 $ 9,928.70 $ 907.43 R168485 3 $ 9,928.70 $ 907.43 R168486 Open Space $ - $ - R168487 3 $ 9,928.70 $ 907.43 R168488 3 $ 9,928.70 $ 907.43 R168489 3 $ 9,928.70 $ 907.43 R168490 3 $ 9,928.70 $ 907.43 R168491 3 $ 9,928.70 $ 907.43 R168492 3 $ 9,928.70 $ 907.43 R168493 Open Space $ - $ - R168494 3 $ 9,928.70 $ 907.43 R168495 3 $ 9,928.70 $ 907.43 R168496 3 $ 9,928.70 $ 907.43 R168497 3 $ 9,928.70 $ 907.43 R168498 3 $ 9,928.70 $ 907.43 R168499 3 $ 9,928.70 $ 907.43 R168500 3 $ 9,928.70 $ 907.43 R168501 3 $ 9,928.70 $ 907.43 R168502 3 $ 9,928.70 $ 907.43 R168503 3 $ 9,928.70 $ 907.43 R168504 Open Space $ - $ - R168505 3 $ 9,928.70 $ 907.43 R168506 3 $ 9,928.70 $ 907.43 R168507 3 $ 9,928.70 $ 907.43 R168508 3 $ 9,928.70 $ 907.43 R168509 3 $ 9,928.70 $ 907.43 R168510 3 $ 9,928.70 $ 907.43 R168511 3 $ 9,928.70 $ 907.43 R168512 3 $ 9,928.70 $ 907.43 R168513 3 $ 9,928.70 $ 907.43 R168514 3 $ 9,928.70 $ 907.43 R168515 3 $ 9,928.70 $ 907.43 R168516 3 $ 9,928.70 $ 907.43 R168517 3 $ 9,928.70 $ 907.43 R168518 3 $ 9,928.70 $ 907.43 R168519 3 $ 9,928.70 $ 907.43 R168520 3 $ 9,928.70 $ 907.43 R168521DRAFT3 $ 9,928.70 $ 907.43 R168522 3 $ 9,928.70 $ 907.43 R168523 3 $ 9,928.70 $ 907.43 R168524 3 $ 9,928.70 $ 907.43 R168525 3 $ 9,928.70 $ 907.43 R168526 Open Space $ - $ - R168527 3 $ 9,928.70 $ 907.43 R168528 3 $ 9,928.70 $ 907.43 R168529 3 $ 9,928.70 $ 907.43

LA CIMA 2020 AMENDED AND RESTATED SAP 47 Major Improvement Area Bonds Outstanding Special Annual Installment Property ID Lot Type Assessment Due 1/31/2021 R168530 3 $ 9,928.70 $ 907.43 R168531 3 $ 9,928.70 $ 907.43 R168532 3 $ 9,928.70 $ 907.43 R168533 3 $ 9,928.70 $ 907.43 R168534 3 $ 9,928.70 $ 907.43 R168535 3 $ 9,928.70 $ 907.43 R168536 3 $ 9,928.70 $ 907.43 R168537 3 $ 9,928.70 $ 907.43 R168538 3 $ 9,928.70 $ 907.43 R168539 3 $ 9,928.70 $ 907.43 R168540 3 $ 9,928.70 $ 907.43 R168541 Open Space $ - $ - R168542 3 $ 9,928.70 $ 907.43 R168543 3 $ 9,928.70 $ 907.43 R168544 3 $ 9,928.70 $ 907.43 R168545 3 $ 9,928.70 $ 907.43 R168546 3 $ 9,928.70 $ 907.43 R168547 3 $ 9,928.70 $ 907.43 R168548 3 $ 9,928.70 $ 907.43 R168549 3 $ 9,928.70 $ 907.43 R168550 3 $ 9,928.70 $ 907.43 R168551 3 $ 9,928.70 $ 907.43 R168552 3 $ 9,928.70 $ 907.43 R168553 3 $ 9,928.70 $ 907.43 R168554 3 $ 9,928.70 $ 907.43 R168555 3 $ 9,928.70 $ 907.43 R168556 3 $ 9,928.70 $ 907.43 R168557 3 $ 9,928.70 $ 907.43 R168558 3 $ 9,928.70 $ 907.43 R168559 3 $ 9,928.70 $ 907.43 R168560 3 $ 9,928.70 $ 907.43 R168561 3 $ 9,928.70 $ 907.43 R168562 3 $ 9,928.70 $ 907.43 R168563 4 $ 11,364.17 $ 1,038.62 R168564 4 $ 11,364.17 $ 1,038.62 R168565 4 $ 11,364.17 $ 1,038.62 R168566 Open Space $ - $ - R168567 4 $ 11,364.17 $ 1,038.62 R168568 4 $ 11,364.17 $ 1,038.62 R168569 4 $ 11,364.17 $ 1,038.62 R168570 4 $ 11,364.17 $ 1,038.62 R168571DRAFT4 $ 11,364.17 $ 1,038.62 R168572 4 $ 11,364.17 $ 1,038.62 R168573 4 $ 11,364.17 $ 1,038.62 R168574 4 $ 11,364.17 $ 1,038.62 R168575 4 $ 11,364.17 $ 1,038.62 R168576 4 $ 11,364.17 $ 1,038.62 R168577 4 $ 11,364.17 $ 1,038.62 R168578 4 $ 11,364.17 $ 1,038.62 R168579 4 $ 11,364.17 $ 1,038.62

LA CIMA 2020 AMENDED AND RESTATED SAP 48 Major Improvement Area Bonds Outstanding Special Annual Installment Property ID Lot Type Assessment Due 1/31/2021 R168580 Open Space $ - $ - R168581 4 $ 11,364.17 $ 1,038.62 R168582 4 $ 11,364.17 $ 1,038.62 R168583 4 $ 11,364.17 $ 1,038.62 R168584 4 $ 11,364.17 $ 1,038.62 R168585 4 $ 11,364.17 $ 1,038.62 R168586 4 $ 11,364.17 $ 1,038.62 R168587 4 $ 11,364.17 $ 1,038.62 R168588 4 $ 11,364.17 $ 1,038.62 R143368 N/A $ 1,786,375.00 $ 163,264.24 Total $ 18,431,430.31 $ 1,684,525.12

DRAFT

LA CIMA 2020 AMENDED AND RESTATED SAP 49 EXHIBIT F – NEIGHBORHOOD IMPROVEMENT AREA #1 ASSESSMENT ROLL

Neighborhood Improvement Area #1 Special Assessment Outstanding Annual Installment Property ID Lot Type Parcel Description Assessment Due 1/31/2021 R159385 1 Block A Lot 1 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159386 1 Block A Lot 2 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159387 1 Block A Lot 3 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159388 1 Block A Lot 4 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159389 Open Space Block A Lot 5 La Cima Phase 1 - Section 1 $ - $ - R159390 1 Block A Lot 6 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159391 1 Block A Lot 7 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159392 1 Block A Lot 8 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159393 1 Block A Lot 9 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159394 1 Block A Lot 10 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159395 1 Block A Lot 11 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159396 1 Block A Lot 12 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159397 1 Block A Lot 13 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159398 1 Block A Lot 14 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159399 1 Block A Lot 15 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159400 1 Block A Lot 16 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159401 1 Block A Lot 17 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159402 1 Block A Lot 18 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159403 Prepaid Block A Lot 19 La Cima Phase 1 - Section 1 $ - $ - R159404 1 Block A Lot 20 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159405 2 Block B Lot 1 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159406 2 Block B Lot 2 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159407 2 Block B Lot 3 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159408 2 Block B Lot 4 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159409 2 Block B Lot 5 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159410 2 Block B Lot 6 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159411 2 Block B Lot 7 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159412 2 Block B Lot 8 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159413 2 Block B Lot 9 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159414 2 Block B Lot 10 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159415 2 Block B Lot 11 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159416 2 Block B Lot 12 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159417 Open Space Block B Lot 13 La Cima Phase 1 - Section 1 $ - $ - R159418 2 Block C Lot 1 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159419 2 Block C Lot 2 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159420 2 Block C Lot 3 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159421 2 Block C Lot 4 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159422 2 Block C Lot 5 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159423 2 Block C Lot 6 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159424 2 Block C Lot 7 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159425 1 Block C Lot 8 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159426 1DRAFTBlock C Lot 9 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159427 1 Block C Lot 10 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159428 1 Block C Lot 11 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159429 1 Block C Lot 12 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159430 Open Space Block C Lot 13 La Cima Phase 1 - Section 1 $ - $ - R159431 1 Block C Lot 14 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159432 1 Block C Lot 15 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159433 1 Block C Lot 16 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159434 1 Block C Lot 17 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09

LA CIMA 2020 AMENDED AND RESTATED SAP 50 Neighborhood Improvement Area #1 Special Assessment Outstanding Annual Installment Property ID Lot Type Parcel Description Assessment Due 1/31/2021 R159435 1 Block C Lot 18 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159436 1 Block C Lot 19 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159437 1 Block C Lot 20 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159438 1 Block C Lot 21 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159439 1 Block C Lot 22 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159440 1 Block C Lot 23 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159441 1 Block C Lot 24 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159442 1 Block C Lot 25 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159443 1 Block C Lot 26 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159444 1 Block C Lot 27 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159445 1 Block C Lot 28 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159446 1 Block C Lot 29 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159447 1 Block C Lot 30 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159448 1 Block C Lot 31 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159449 1 Block C Lot 32 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159450 1 Block C Lot 33 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159451 Open Space Block C Lot 34 La Cima Phase 1 - Section 1 $ - $ - R159452 2 Block D Lot 1 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159453 2 Block D Lot 2 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159454 2 Block D Lot 3 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159455 2 Block D Lot 4 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159456 2 Block D Lot 5 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159457 2 Block D Lot 6 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159458 2 Block D Lot 7 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159459 2 Block D Lot 8 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159460 2 Block D Lot 9 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159461 2 Block D Lot 10 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159462 2 Block D Lot 11 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159463 1 Block D Lot 12 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159464 1 Block D Lot 13 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159465 1 Block D Lot 14 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159466 1 Block D Lot 15 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159467 1 Block D Lot 16 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159468 1 Block D Lot 17 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159469 1 Block D Lot 18 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159470 1 Block D Lot 19 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159471 Open Space Block D Lot 20 La Cima Phase 1 - Section 1 $ - $ - R159472 2 Block E Lot 1 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159473 2 Block E Lot 2 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159474 2 Block E Lot 3 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159475 2 Block E Lot 4 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159476 2 Block E Lot 5 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159477 2DRAFT Block E Lot 6 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159478 2 Block E Lot 7 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159479 2 Block E Lot 8 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159480 2 Block E Lot 9 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159481 Open Space Block E Lot 10 La Cima Phase 1 - Section 1 $ - $ - R159482 1 Block E Lot 11 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159483 1 Block E Lot 12 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159484 1 Block E Lot 13 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09

LA CIMA 2020 AMENDED AND RESTATED SAP 51 Neighborhood Improvement Area #1 Special Assessment Outstanding Annual Installment Property ID Lot Type Parcel Description Assessment Due 1/31/2021 R159485 1 Block E Lot 14 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159486 1 Block E Lot 15 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159487 1 Block E Lot 16 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159488 1 Block E Lot 17 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159489 1 Block E Lot 18 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159490 1 Block E Lot 19 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159491 1 Block E Lot 20 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159492 1 Block E Lot 21 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159493 1 Block E Lot 22 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159494 1 Block E Lot 23 La Cima Phase 1 - Section 1 $ 11,991.90 $ 896.09 R159495 2 Block E Lot 24 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159496 2 Block E Lot 25 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159497 2 Block E Lot 26 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159498 2 Block E Lot 27 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159499 2 Block E Lot 28 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159500 2 Block E Lot 29 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159501 2 Block E Lot 30 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159502 2 Block E Lot 31 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159503 2 Block E Lot 32 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159504 2 Block E Lot 33 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159505 2 Block E Lot 34 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159506 2 Block E Lot 35 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159507 2 Block E Lot 36 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159508 2 Block E Lot 37 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159509 2 Block E Lot 38 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159510 2 Block E Lot 39 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159511 2 Block E Lot 40 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159512 2 Block E Lot 41 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159513 2 Block E Lot 42 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159514 2 Block E Lot 43 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159515 2 Block E Lot 44 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159516 2 Block E Lot 45 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159517 2 Block E Lot 46 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159518 2 Block E Lot 47 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159519 2 Block E Lot 48 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159520 2 Block E Lot 49 La Cima Phase 1 - Section 1 $ 14,679.74 $ 1,096.94 R159521 Open Space Block E Lot 50 La Cima Phase 1 - Section 1 $ - $ - R159522 Open Space Block E Lot 51 La Cima Phase 1 - Section 1 $ - $ - R159523 Open Space Block F Lot 1 La Cima Phase 1 - Section 1 $ - $ - R159524 Open Space Block G Lot 1 La Cima Phase 1 - Section 1 $ - $ - R168481 3 Block A Lot 1 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168482 3 Block A Lot 2 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168483 3DRAFT Block A Lot 3 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168484 3 Block A Lot 4 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168485 3 Block A Lot 5 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168486 Open Space Block A Lot 6 La Cima Phase 1 - Section 2 $ - $ - R168487 3 Block B Lot 1 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168488 3 Block B Lot 2 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168489 3 Block B Lot 3 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168490 3 Block B Lot 4 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82

LA CIMA 2020 AMENDED AND RESTATED SAP 52 Neighborhood Improvement Area #1 Special Assessment Outstanding Annual Installment Property ID Lot Type Parcel Description Assessment Due 1/31/2021 R168491 3 Block B Lot 5 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168492 3 Block B Lot 6 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168493 Open Space Block B Lot 7 La Cima Phase 1 - Section 2 $ - $ - R168494 3 Block B Lot 8 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168495 3 Block B Lot 9 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168496 3 Block B Lot 10 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168497 3 Block B Lot 11 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168498 3 Block B Lot 12 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168499 3 Block C Lot 1 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168500 3 Block C Lot 2 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168501 3 Block C Lot 3 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168502 3 Block C Lot 4 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168503 3 Block C Lot 5 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168504 Open Space Block C Lot 6 La Cima Phase 1 - Section 2 $ - $ - R168505 3 Block C Lot 7 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168506 3 Block C Lot 8 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168507 3 Block C Lot 9 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168508 3 Block C Lot 10 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168509 3 Block C Lot 11 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168510 3 Block C Lot 12 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168511 3 Block C Lot 13 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168512 3 Block C Lot 14 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168513 3 Block C Lot 15 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168514 3 Block C Lot 16 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168515 3 Block C Lot 17 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168516 3 Block C Lot 18 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168517 3 Block C Lot 19 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168518 3 Block C Lot 20 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168519 3 Block C Lot 21 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168520 3 Block C Lot 22 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168521 3 Block D Lot 1 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168522 3 Block D Lot 2 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168523 3 Block D Lot 3 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168524 3 Block D Lot 4 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168525 3 Block D Lot 5 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168526 Open Space Block D Lot 6 La Cima Phase 1 - Section 2 $ - $ - R168527 3 Block D Lot 7 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168528 3 Block D Lot 8 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168529 3 Block D Lot 9 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168530 3 Block D Lot 10 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168531 3 Block D Lot 11 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168532 3 Block D Lot 12 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168533 3DRAFT Block D Lot 13 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168534 3 Block D Lot 14 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168535 3 Block D Lot 15 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168536 3 Block E Lot 1 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168537 3 Block E Lot 2 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168538 3 Block E Lot 3 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168539 3 Block E Lot 4 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168540 3 Block E Lot 5 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82

LA CIMA 2020 AMENDED AND RESTATED SAP 53 Neighborhood Improvement Area #1 Special Assessment Outstanding Annual Installment Property ID Lot Type Parcel Description Assessment Due 1/31/2021 R168541 Open Space Block E Lot 6 La Cima Phase 1 - Section 2 $ - $ - R168542 3 Block E Lot 7 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168543 3 Block E Lot 8 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168544 3 Block E Lot 9 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168545 3 Block E Lot 10 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168546 3 Block E Lot 11 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168547 3 Block E Lot 12 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168548 3 Block E Lot 13 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168549 3 Block F Lot 1 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168550 3 Block F Lot 2 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168551 3 Block F Lot 3 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168552 3 Block F Lot 4 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168553 3 Block F Lot 5 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168554 3 Block F Lot 6 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168555 3 Block F Lot 7 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168556 3 Block F Lot 8 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168557 3 Block F Lot 9 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168558 3 Block F Lot 10 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168559 3 Block F Lot 11 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168560 3 Block F Lot 12 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168561 3 Block F Lot 13 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168562 3 Block F Lot 14 La Cima Phase 1 - Section 2 $ 20,564.16 $ 1,515.82 R168563 4 Block F Lot 15 La Cima Phase 1 - Section 2 $ 23,537.29 $ 1,734.98 R168564 4 Block F Lot 16 La Cima Phase 1 - Section 2 $ 23,537.29 $ 1,734.98 R168565 4 Block F Lot 17 La Cima Phase 1 - Section 2 $ 23,537.29 $ 1,734.98 R168566 Open Space Block F Lot 18 La Cima Phase 1 - Section 2 $ - $ - R168567 4 Block F Lot 19 La Cima Phase 1 - Section 2 $ 23,537.29 $ 1,734.98 R168568 4 Block F Lot 20 La Cima Phase 1 - Section 2 $ 23,537.29 $ 1,734.98 R168569 4 Block F Lot 21 La Cima Phase 1 - Section 2 $ 23,537.29 $ 1,734.98 R168570 4 Block F Lot 22 La Cima Phase 1 - Section 2 $ 23,537.29 $ 1,734.98 R168571 4 Block F Lot 23 La Cima Phase 1 - Section 2 $ 23,537.29 $ 1,734.98 R168572 4 Block F Lot 24 La Cima Phase 1 - Section 2 $ 23,537.29 $ 1,734.98 R168573 4 Block F Lot 25 La Cima Phase 1 - Section 2 $ 23,537.29 $ 1,734.98 R168574 4 Block F Lot 26 La Cima Phase 1 - Section 2 $ 23,537.29 $ 1,734.98 R168575 4 Block F Lot 27 La Cima Phase 1 - Section 2 $ 23,537.29 $ 1,734.98 R168576 4 Block F Lot 28 La Cima Phase 1 - Section 2 $ 23,537.29 $ 1,734.98 R168577 4 Block F Lot 29 La Cima Phase 1 - Section 2 $ 23,537.29 $ 1,734.98 R168578 4 Block F Lot 30 La Cima Phase 1 - Section 2 $ 23,537.29 $ 1,734.98 R168579 4 Block F Lot 31 La Cima Phase 1 - Section 2 $ 23,537.29 $ 1,734.98 R168580 Open Space Block F Lot 32 La Cima Phase 1 - Section 2 $ - $ - R168581 4 Block G Lot 1 La Cima Phase 1 - Section 2 $ 23,537.29 $ 1,734.98 R168582 4 Block G Lot 2 La Cima Phase 1 - Section 2 $ 23,537.29 $ 1,734.98 R168583 4 DRAFTBlock G Lot 3 La Cima Phase 1 - Section 2 $ 23,537.29 $ 1,734.98 R168584 4 Block G Lot 4 La Cima Phase 1 - Section 2 $ 23,537.29 $ 1,734.98 R168585 4 Block G Lot 5 La Cima Phase 1 - Section 2 $ 23,537.29 $ 1,734.98 R168586 4 Block G Lot 6 La Cima Phase 1 - Section 2 $ 23,537.29 $ 1,734.98 R168587 4 Block G Lot 7 La Cima Phase 1 - Section 2 $ 23,537.29 $ 1,734.98 R168588 4 Block G Lot 8 La Cima Phase 1 - Section 2 $ 23,537.29 $ 1,734.98 Total $ 3,870,000.00 $ 287,008.52

LA CIMA 2020 AMENDED AND RESTATED SAP 54 EXHIBIT G – NEIGHBORHOOD IMPROVEMENT AREA #2 ASSESSMENT ROLL

Neighborhood Improvement Area #2 Special Assessments Outstanding Annual Installment Property ID Parcel Description Assessment Due 1/31/2021 R143368 Neighborhood Improvement Area #2 $ 5,475,000.00 $ 366,757.08 Total $ 5,475,000.00 $ 366,757.08

DRAFT

LA CIMA 2020 AMENDED AND RESTATED SAP 55 EXHIBIT H – MAJOR IMPROVEMENT AREA ESTIMATED ANNUAL INSTALLMENTS

Major Public Improvement PID Bonds Annual Installments

Installments Due Administrative Prepayment Delinquency Annual 1/31 Principal Interest [a] Expenses Reserve Reserve Installment 2021 $ 280,000 $ 1,269,300 $ 43,808 $ 36,880 $ 55,320 $ 1,685,308 2022 $ 270,000 $ 1,255,300 $ 44,684 $ 36,320 $ 54,480 $ 1,660,784 2023 $ 320,000 $ 1,238,425 $ 45,578 $ 4,620 $ 84,830 $ 1,693,453 2024 $ 345,000 $ 1,218,425 $ 46,490 $ - $ 87,850 $ 1,697,765 2025 $ 370,000 $ 1,196,863 $ 47,420 $ - $ 86,125 $ 1,700,407 2026 $ 395,000 $ 1,173,738 $ 48,368 $ - $ 84,275 $ 1,701,380 2027 $ 420,000 $ 1,149,050 $ 49,335 $ - $ 82,300 $ 1,700,685 2028 $ 450,000 $ 1,122,800 $ 50,322 $ - $ 80,200 $ 1,703,322 2029 $ 485,000 $ 1,091,300 $ 51,328 $ - $ 77,950 $ 1,705,578 2030 $ 520,000 $ 1,057,350 $ 52,355 $ - $ 75,525 $ 1,705,230 2031 $ 560,000 $ 1,020,950 $ 53,402 $ - $ 72,925 $ 1,707,277 2032 $ 600,000 $ 981,750 $ 54,470 $ - $ 70,125 $ 1,706,345 2033 $ 645,000 $ 939,750 $ 55,560 $ - $ 67,125 $ 1,707,435 2034 $ 695,000 $ 894,600 $ 56,671 $ - $ 63,900 $ 1,710,171 2035 $ 745,000 $ 845,950 $ 57,804 $ - $ 60,425 $ 1,709,179 2036 $ 800,000 $ 793,800 $ 58,960 $ - $ 56,700 $ 1,709,460 2037 $ 860,000 $ 737,800 $ 60,139 $ - $ 52,700 $ 1,710,639 2038 $ 925,000 $ 677,600 $ 61,342 $ - $ 48,400 $ 1,712,342 2039 $ 995,000 $ 612,850 $ 62,569 $ - $ 43,775 $ 1,714,194 2040 $ 1,070,000 $ 543,200 $ 63,820 $ - $ 38,800 $ 1,715,820 2041 $ 1,150,000 $ 468,300 $ 65,097 $ - $ 33,450 $ 1,716,847 2042 $ 1,240,000 $ 387,800 $ 66,399 $ - $ 27,700 $ 1,721,899 2043 $ 1,330,000 $ 301,000 $ 67,727 $ - $ 21,500 $ 1,720,227 2044 $ 1,430,000 $ 207,900 $ 69,081 $ - $ 14,850 $ 1,721,831 2045 $ 1,540,000 $ 107,800 $ 70,463 $ - $ 7,700 $ 78,163 Totals $ 18,440,000 $ 21,293,600 $ 1,403,194 $ 77,820 $ 1,448,930 $ 41,015,744

[a] Interest is calculated based on the actual interest rate of the Major Improvement Area Bonds.

Note: The figures shown above are estimates only and subject to change in annual service plan updates. Changes in administrative expenses, or other available offsets could increase or decrease the amounts shown. DRAFT

LA CIMA 2020 AMENDED AND RESTATED SAP 56 EXHIBIT H-1 MAJOR IMPROVEMENT AREA PARCEL # R143375 ESTIMATED ANNUAL INSTALLMENTS

Non- Residential Tract #1 - Parcel ID R143375 Annual Installments

Installments Due Administrative Prepayment Delinquency Annual 1/31 Principal Interest [a] Expenses Reserve Reserve Installment 2021 $ 16,552 $ 75,034 $ 2,590 $ 2,180 $ 3,270 $ 99,626 2022 $ 15,961 $ 74,207 $ 2,642 $ 2,147 $ 3,221 $ 98,177 2023 $ 18,917 $ 73,209 $ 2,694 $ 273 $ 5,015 $ 100,108 2024 $ 20,395 $ 72,027 $ 2,748 $ - $ 5,193 $ 100,363 2025 $ 21,872 $ 70,752 $ 2,803 $ - $ 5,091 $ 100,519 2026 $ 23,350 $ 69,385 $ 2,859 $ - $ 4,982 $ 100,576 2027 $ 24,828 $ 67,926 $ 2,916 $ - $ 4,865 $ 100,535 2028 $ 26,602 $ 66,374 $ 2,975 $ - $ 4,741 $ 100,691 2029 $ 28,671 $ 64,512 $ 3,034 $ - $ 4,608 $ 100,825 2030 $ 30,740 $ 62,505 $ 3,095 $ - $ 4,465 $ 100,804 2031 $ 33,104 $ 60,353 $ 3,157 $ - $ 4,311 $ 100,925 2032 $ 35,469 $ 58,036 $ 3,220 $ - $ 4,145 $ 100,870 2033 $ 38,129 $ 55,553 $ 3,284 $ - $ 3,968 $ 100,934 2034 $ 41,085 $ 52,884 $ 3,350 $ - $ 3,777 $ 101,096 2035 $ 44,040 $ 50,008 $ 3,417 $ - $ 3,572 $ 101,037 2036 $ 47,292 $ 46,925 $ 3,485 $ - $ 3,352 $ 101,054 2037 $ 50,839 $ 43,615 $ 3,555 $ - $ 3,115 $ 101,124 2038 $ 54,681 $ 40,056 $ 3,626 $ - $ 2,861 $ 101,224 2039 $ 58,819 $ 36,228 $ 3,699 $ - $ 2,588 $ 101,334 2040 $ 63,253 $ 32,111 $ 3,773 $ - $ 2,294 $ 101,430 2041 $ 67,982 $ 27,683 $ 3,848 $ - $ 1,977 $ 101,491 2042 $ 73,302 $ 22,925 $ 3,925 $ - $ 1,637 $ 101,789 2043 $ 78,622 $ 17,793 $ 4,004 $ - $ 1,271 $ 101,690 2044 $ 84,534 $ 12,290 $ 4,084 $ - $ 878 $ 101,785 2045 $ 91,036 $ 6,373 $ 4,165 $ - $ 455 $ 4,621 Totals $ 1,090,073 $ 1,258,762 $ 82,949 $ 4,600 $ 85,653 $ 2,424,629

[a] Interest is calculated based on the actual interest rate of the Major Improvement Area Bonds.

LA CIMA 2020 AMENDED AND RESTATED SAP 57 EXHIBIT H-2 MAJOR IMPROVEMENT AREA PARCEL # R143374 ESTIMATED ANNUAL INSTALLMENTS

Non- Residential Tract #2 - Parcel ID R143374 Annual Installments

Installments Due Administrative Prepayment Delinquency Annual 1/31 Principal Interest [a] Expenses Reserve Reserve Installment 2021 $ 12,906 $ 58,507 $ 2,019 $ 1,700 $ 2,550 $ 77,682 2022 $ 12,445 $ 57,861 $ 2,060 $ 1,674 $ 2,511 $ 76,552 2023 $ 14,750 $ 57,084 $ 2,101 $ 213 $ 3,910 $ 78,058 2024 $ 15,902 $ 56,162 $ 2,143 $ - $ 4,049 $ 78,256 2025 $ 17,055 $ 55,168 $ 2,186 $ - $ 3,970 $ 78,378 2026 $ 18,207 $ 54,102 $ 2,229 $ - $ 3,885 $ 78,423 2027 $ 19,359 $ 52,964 $ 2,274 $ - $ 3,794 $ 78,391 2028 $ 20,742 $ 51,754 $ 2,320 $ - $ 3,697 $ 78,512 2029 $ 22,355 $ 50,302 $ 2,366 $ - $ 3,593 $ 78,617 2030 $ 23,969 $ 48,737 $ 2,413 $ - $ 3,481 $ 78,600 2031 $ 25,813 $ 47,059 $ 2,462 $ - $ 3,361 $ 78,695 2032 $ 27,656 $ 45,253 $ 2,511 $ - $ 3,232 $ 78,652 2033 $ 29,730 $ 43,317 $ 2,561 $ - $ 3,094 $ 78,702 2034 $ 32,035 $ 41,235 $ 2,612 $ - $ 2,945 $ 78,828 2035 $ 34,340 $ 38,993 $ 2,664 $ - $ 2,785 $ 78,782 2036 $ 36,875 $ 36,589 $ 2,718 $ - $ 2,614 $ 78,795 2037 $ 39,641 $ 34,008 $ 2,772 $ - $ 2,429 $ 78,850 2038 $ 42,637 $ 31,233 $ 2,827 $ - $ 2,231 $ 78,928 2039 $ 45,863 $ 28,249 $ 2,884 $ - $ 2,018 $ 79,014 2040 $ 49,320 $ 25,038 $ 2,942 $ - $ 1,788 $ 79,089 2041 $ 53,008 $ 21,586 $ 3,001 $ - $ 1,542 $ 79,136 2042 $ 57,156 $ 17,875 $ 3,061 $ - $ 1,277 $ 79,369 2043 $ 61,305 $ 13,874 $ 3,122 $ - $ 991 $ 79,292 2044 $ 65,914 $ 9,583 $ 3,184 $ - $ 684 $ 79,366 2045 $ 70,984 $ 4,969 $ 3,248 $ - $ 355 $ 3,603 Totals $ 849,969 $ 981,502 $ 64,678 $ 3,587 $ 66,787 $ 1,890,569

[a] Interest is calculated based on the actual interest rate of the Major Improvement Area Bonds.

LA CIMA 2020 AMENDED AND RESTATED SAP 58 EXHIBIT H-3 MAJOR IMPROVEMENT AREA PARCEL # R143373 ESTIMATED ANNUAL INSTALLMENTS

Non- Residential Tract #3 - Parcel ID R143373 Annual Installments

Installments Due Administrative Prepayment Delinquency Annual 1/31 Principal Interest [a] Expenses Reserve Reserve Installment 2021 $ 17,646 $ 79,992 $ 2,761 $ 2,324 $ 3,486 $ 106,210 2022 $ 17,016 $ 79,110 $ 2,816 $ 2,289 $ 3,433 $ 104,664 2023 $ 20,167 $ 78,047 $ 2,872 $ 291 $ 5,346 $ 106,723 2024 $ 21,742 $ 76,786 $ 2,930 $ - $ 5,536 $ 106,995 2025 $ 23,318 $ 75,427 $ 2,988 $ - $ 5,428 $ 107,161 2026 $ 24,893 $ 73,970 $ 3,048 $ - $ 5,311 $ 107,222 2027 $ 26,469 $ 72,414 $ 3,109 $ - $ 5,187 $ 107,179 2028 $ 28,359 $ 70,760 $ 3,171 $ - $ 5,054 $ 107,345 2029 $ 30,565 $ 68,775 $ 3,235 $ - $ 4,912 $ 107,487 2030 $ 32,771 $ 66,635 $ 3,299 $ - $ 4,760 $ 107,465 2031 $ 35,292 $ 64,341 $ 3,365 $ - $ 4,596 $ 107,594 2032 $ 37,813 $ 61,871 $ 3,433 $ - $ 4,419 $ 107,535 2033 $ 40,648 $ 59,224 $ 3,501 $ - $ 4,230 $ 107,604 2034 $ 43,799 $ 56,378 $ 3,571 $ - $ 4,027 $ 107,776 2035 $ 46,951 $ 53,312 $ 3,643 $ - $ 3,808 $ 107,714 2036 $ 50,417 $ 50,026 $ 3,716 $ - $ 3,573 $ 107,732 2037 $ 54,198 $ 46,497 $ 3,790 $ - $ 3,321 $ 107,806 2038 $ 58,294 $ 42,703 $ 3,866 $ - $ 3,050 $ 107,913 2039 $ 62,706 $ 38,622 $ 3,943 $ - $ 2,759 $ 108,030 2040 $ 67,432 $ 34,233 $ 4,022 $ - $ 2,445 $ 108,132 2041 $ 72,474 $ 29,513 $ 4,102 $ - $ 2,108 $ 108,197 2042 $ 78,146 $ 24,439 $ 4,185 $ - $ 1,746 $ 108,515 2043 $ 83,818 $ 18,969 $ 4,268 $ - $ 1,355 $ 108,410 2044 $ 90,120 $ 13,102 $ 4,354 $ - $ 936 $ 108,511 2045 $ 97,052 $ 6,794 $ 4,441 $ - $ 485 $ 4,926 Totals $ 1,162,104 $ 1,341,940 $ 88,430 $ 4,904 $ 91,313 $ 2,584,846

[a] Interest is calculated based on the actual interest rate of the Major Improvement Area Bonds.

LA CIMA 2020 AMENDED AND RESTATED SAP 59 EXHIBIT H-4 MAJOR IMPROVEMENT AREA PARCEL # R143372 ESTIMATED ANNUAL INSTALLMENTS

Non- Residential Tract #4 - Parcel ID R143372 Annual Installments

Installments Due Administrative Prepayment Delinquency Annual 1/31 Principal Interest [a] Expenses Reserve Reserve Installment 2021 $ 18,229 $ 82,637 $ 2,852 $ 2,401 $ 3,602 $ 109,721 2022 $ 17,578 $ 81,725 $ 2,909 $ 2,365 $ 3,547 $ 108,124 2023 $ 20,833 $ 80,627 $ 2,967 $ 301 $ 5,523 $ 110,251 2024 $ 22,461 $ 79,325 $ 3,027 $ - $ 5,719 $ 110,532 2025 $ 24,089 $ 77,921 $ 3,087 $ - $ 5,607 $ 110,704 2026 $ 25,716 $ 76,415 $ 3,149 $ - $ 5,487 $ 110,767 2027 $ 27,344 $ 74,808 $ 3,212 $ - $ 5,358 $ 110,722 2028 $ 29,297 $ 73,099 $ 3,276 $ - $ 5,221 $ 110,893 2029 $ 31,576 $ 71,048 $ 3,342 $ - $ 5,075 $ 111,040 2030 $ 33,854 $ 68,838 $ 3,409 $ - $ 4,917 $ 111,018 2031 $ 36,458 $ 66,468 $ 3,477 $ - $ 4,748 $ 111,151 2032 $ 39,063 $ 63,916 $ 3,546 $ - $ 4,565 $ 111,090 2033 $ 41,992 $ 61,182 $ 3,617 $ - $ 4,370 $ 111,161 2034 $ 45,247 $ 58,242 $ 3,690 $ - $ 4,160 $ 111,339 2035 $ 48,503 $ 55,075 $ 3,763 $ - $ 3,934 $ 111,275 2036 $ 52,083 $ 51,680 $ 3,839 $ - $ 3,691 $ 111,293 2037 $ 55,990 $ 48,034 $ 3,915 $ - $ 3,431 $ 111,370 2038 $ 60,221 $ 44,115 $ 3,994 $ - $ 3,151 $ 111,481 2039 $ 64,779 $ 39,899 $ 4,074 $ - $ 2,850 $ 111,601 2040 $ 69,661 $ 35,365 $ 4,155 $ - $ 2,526 $ 111,707 2041 $ 74,870 $ 30,488 $ 4,238 $ - $ 2,178 $ 111,774 2042 $ 80,729 $ 25,247 $ 4,323 $ - $ 1,803 $ 112,103 2043 $ 86,589 $ 19,596 $ 4,409 $ - $ 1,400 $ 111,994 2044 $ 93,099 $ 13,535 $ 4,497 $ - $ 967 $ 112,098 2045 $ 100,260 $ 7,018 $ 4,587 $ - $ 501 $ 5,089 Totals $ 1,200,521 $ 1,386,302 $ 91,354 $ 5,066 $ 94,331 $ 2,670,296

[a] Interest is calculated based on the actual interest rate of the Major Improvement Area Bonds.

LA CIMA 2020 AMENDED AND RESTATED SAP 60 EXHIBIT H-5 MAJOR IMPROVEMENT AREA PARCEL # R143371 ESTIMATED ANNUAL INSTALLMENTS

Non- Residential Tract #5 - Parcel ID R143371 Annual Installments

Installments Due Administrative Prepayment Delinquency Annual 1/31 Principal Interest [a] Expenses Reserve Reserve Installment 2021 $ 8,167 $ 37,021 $ 1,278 $ 1,076 $ 1,614 $ 49,155 2022 $ 7,875 $ 36,613 $ 1,303 $ 1,059 $ 1,589 $ 48,440 2023 $ 9,333 $ 36,121 $ 1,329 $ 135 $ 2,474 $ 49,392 2024 $ 10,063 $ 35,537 $ 1,356 $ - $ 2,562 $ 49,518 2025 $ 10,792 $ 34,908 $ 1,383 $ - $ 2,512 $ 49,595 2026 $ 11,521 $ 34,234 $ 1,411 $ - $ 2,458 $ 49,624 2027 $ 12,250 $ 33,514 $ 1,439 $ - $ 2,400 $ 49,603 2028 $ 13,125 $ 32,748 $ 1,468 $ - $ 2,339 $ 49,680 2029 $ 14,146 $ 31,830 $ 1,497 $ - $ 2,274 $ 49,746 2030 $ 15,167 $ 30,839 $ 1,527 $ - $ 2,203 $ 49,736 2031 $ 16,333 $ 29,778 $ 1,558 $ - $ 2,127 $ 49,796 2032 $ 17,500 $ 28,634 $ 1,589 $ - $ 2,045 $ 49,768 2033 $ 18,813 $ 27,409 $ 1,620 $ - $ 1,958 $ 49,800 2034 $ 20,271 $ 26,093 $ 1,653 $ - $ 1,864 $ 49,880 2035 $ 21,729 $ 24,674 $ 1,686 $ - $ 1,762 $ 49,851 2036 $ 23,333 $ 23,153 $ 1,720 $ - $ 1,654 $ 49,859 2037 $ 25,083 $ 21,519 $ 1,754 $ - $ 1,537 $ 49,894 2038 $ 26,979 $ 19,763 $ 1,789 $ - $ 1,412 $ 49,943 2039 $ 29,021 $ 17,875 $ 1,825 $ - $ 1,277 $ 49,997 2040 $ 31,208 $ 15,843 $ 1,861 $ - $ 1,132 $ 50,045 2041 $ 33,542 $ 13,659 $ 1,899 $ - $ 976 $ 50,075 2042 $ 36,167 $ 11,311 $ 1,937 $ - $ 808 $ 50,222 2043 $ 38,792 $ 8,779 $ 1,975 $ - $ 627 $ 50,173 2044 $ 41,708 $ 6,064 $ 2,015 $ - $ 433 $ 50,220 2045 $ 44,917 $ 3,144 $ 2,055 $ - $ 225 $ 2,280 Totals $ 537,833 $ 621,063 $ 40,926 $ 2,270 $ 42,260 $ 1,196,293

[a] Interest is calculated based on the actual interest rate of the Major Improvement Area Bonds.

LA CIMA 2020 AMENDED AND RESTATED SAP 61 EXHIBIT H-6 MAJOR IMPROVEMENT AREA PARCEL # R143368 ESTIMATED ANNUAL INSTALLMENTS

Residential Tract #3 (Neighborhood Improvement Area #2) - Parcel ID R143368 Annual Installments

Installments Due Administrative Prepayment Delinquency Annual 1/31 Principal Interest [a] Expenses Reserve Reserve Installment 2021 $ 27,125 $ 122,963 $ 4,244 $ 3,573 $ 5,359 $ 163,264 2022 $ 26,156 $ 121,607 $ 4,329 $ 3,519 $ 5,278 $ 160,888 2023 $ 31,000 $ 119,972 $ 4,415 $ 448 $ 8,218 $ 164,053 2024 $ 33,422 $ 118,035 $ 4,504 $ - $ 8,510 $ 164,471 2025 $ 35,844 $ 115,946 $ 4,594 $ - $ 8,343 $ 164,727 2026 $ 38,266 $ 113,706 $ 4,686 $ - $ 8,164 $ 164,821 2027 $ 40,688 $ 111,314 $ 4,779 $ - $ 7,973 $ 164,754 2028 $ 43,594 $ 108,771 $ 4,875 $ - $ 7,769 $ 165,009 2029 $ 46,984 $ 105,720 $ 4,972 $ - $ 7,551 $ 165,228 2030 $ 50,375 $ 102,431 $ 5,072 $ - $ 7,316 $ 165,194 2031 $ 54,250 $ 98,905 $ 5,173 $ - $ 7,065 $ 165,392 2032 $ 58,125 $ 95,107 $ 5,277 $ - $ 6,793 $ 165,302 2033 $ 62,484 $ 91,038 $ 5,382 $ - $ 6,503 $ 165,408 2034 $ 67,328 $ 86,664 $ 5,490 $ - $ 6,190 $ 165,673 2035 $ 72,172 $ 81,951 $ 5,600 $ - $ 5,854 $ 165,577 2036 $ 77,500 $ 76,899 $ 5,712 $ - $ 5,493 $ 165,604 2037 $ 83,313 $ 71,474 $ 5,826 $ - $ 5,105 $ 165,718 2038 $ 89,609 $ 65,643 $ 5,943 $ - $ 4,689 $ 165,883 2039 $ 96,391 $ 59,370 $ 6,061 $ - $ 4,241 $ 166,063 2040 $ 103,656 $ 52,623 $ 6,183 $ - $ 3,759 $ 166,220 2041 $ 111,406 $ 45,367 $ 6,306 $ - $ 3,240 $ 166,320 2042 $ 120,125 $ 37,568 $ 6,432 $ - $ 2,683 $ 166,809 2043 $ 128,844 $ 29,159 $ 6,561 $ - $ 2,083 $ 166,647 2044 $ 138,531 $ 20,140 $ 6,692 $ - $ 1,439 $ 166,802 2045 $ 149,188 $ 10,443 $ 6,826 $ - $ 746 $ 7,572 Totals $ 1,786,375 $ 2,062,818 $ 135,934 $ 7,539 $ 140,365 $ 3,973,400

[a] Interest is calculated based on the actual interest rate of the Major Improvement Area Bonds.

LA CIMA 2020 AMENDED AND RESTATED SAP 62 EXHIBIT H-7 MAJOR IMPROVEMENT AREA PARCEL # R143367 ESTIMATED ANNUAL INSTALLMENTS

Residential Tract #4 - Parcel ID R143367 Annual Installments

Installments Due Administrative Prepayment Delinquency Annual 1/31 Principal Interest [a] Expenses Reserve Reserve Installment 2021 $ 18,156 $ 82,306 $ 2,841 $ 2,391 $ 3,587 $ 109,282 2022 $ 17,508 $ 81,398 $ 2,898 $ 2,355 $ 3,533 $ 107,691 2023 $ 20,750 $ 80,304 $ 2,955 $ 300 $ 5,501 $ 109,810 2024 $ 22,371 $ 79,007 $ 3,015 $ - $ 5,697 $ 110,089 2025 $ 23,992 $ 77,609 $ 3,075 $ - $ 5,585 $ 110,261 2026 $ 25,613 $ 76,110 $ 3,136 $ - $ 5,465 $ 110,324 2027 $ 27,234 $ 74,509 $ 3,199 $ - $ 5,337 $ 110,279 2028 $ 29,180 $ 72,807 $ 3,263 $ - $ 5,200 $ 110,450 2029 $ 31,449 $ 70,764 $ 3,328 $ - $ 5,055 $ 110,596 2030 $ 33,719 $ 68,563 $ 3,395 $ - $ 4,897 $ 110,574 2031 $ 36,313 $ 66,202 $ 3,463 $ - $ 4,729 $ 110,706 2032 $ 38,906 $ 63,660 $ 3,532 $ - $ 4,547 $ 110,646 2033 $ 41,824 $ 60,937 $ 3,603 $ - $ 4,353 $ 110,716 2034 $ 45,066 $ 58,009 $ 3,675 $ - $ 4,144 $ 110,894 2035 $ 48,309 $ 54,855 $ 3,748 $ - $ 3,918 $ 110,830 2036 $ 51,875 $ 51,473 $ 3,823 $ - $ 3,677 $ 110,848 2037 $ 55,766 $ 47,842 $ 3,900 $ - $ 3,417 $ 110,924 2038 $ 59,980 $ 43,938 $ 3,978 $ - $ 3,138 $ 111,035 2039 $ 64,520 $ 39,739 $ 4,057 $ - $ 2,839 $ 111,155 2040 $ 69,383 $ 35,223 $ 4,138 $ - $ 2,516 $ 111,260 2041 $ 74,570 $ 30,366 $ 4,221 $ - $ 2,169 $ 111,327 2042 $ 80,406 $ 25,146 $ 4,306 $ - $ 1,796 $ 111,654 2043 $ 86,242 $ 19,518 $ 4,392 $ - $ 1,394 $ 111,546 2044 $ 92,727 $ 13,481 $ 4,479 $ - $ 963 $ 111,650 2045 $ 99,859 $ 6,990 $ 4,569 $ - $ 499 $ 5,068 Totals $ 1,195,719 $ 1,380,757 $ 90,988 $ 5,046 $ 93,954 $ 2,659,615

[a] Interest is calculated based on the actual interest rate of the Major Improvement Area Bonds.

LA CIMA 2020 AMENDED AND RESTATED SAP 63 EXHIBIT H-8 MAJOR IMPROVEMENT AREA PARCEL # R18169 ESTIMATED ANNUAL INSTALLMENTS

Residential Tract #5 - Parcel ID R18169 Annual Installments

Installments Due Administrative Prepayment Delinquency Annual 1/31 Principal Interest [a] Expenses Reserve Reserve Installment 2021 $ 27,854 $ 126,269 $ 4,358 $ 3,669 $ 5,503 $ 167,653 2022 $ 26,859 $ 124,876 $ 4,445 $ 3,613 $ 5,420 $ 165,213 2023 $ 31,833 $ 123,197 $ 4,534 $ 460 $ 8,439 $ 168,463 2024 $ 34,320 $ 121,208 $ 4,625 $ - $ 8,739 $ 168,892 2025 $ 36,807 $ 119,063 $ 4,717 $ - $ 8,568 $ 169,155 2026 $ 39,294 $ 116,762 $ 4,812 $ - $ 8,384 $ 169,252 2027 $ 41,781 $ 114,307 $ 4,908 $ - $ 8,187 $ 169,183 2028 $ 44,766 $ 111,695 $ 5,006 $ - $ 7,978 $ 169,445 2029 $ 48,247 $ 108,562 $ 5,106 $ - $ 7,754 $ 169,670 2030 $ 51,729 $ 105,184 $ 5,208 $ - $ 7,513 $ 169,635 2031 $ 55,708 $ 101,563 $ 5,312 $ - $ 7,255 $ 169,839 2032 $ 59,688 $ 97,664 $ 5,419 $ - $ 6,976 $ 169,746 2033 $ 64,164 $ 93,486 $ 5,527 $ - $ 6,678 $ 169,854 2034 $ 69,138 $ 88,994 $ 5,638 $ - $ 6,357 $ 170,126 2035 $ 74,112 $ 84,154 $ 5,750 $ - $ 6,011 $ 170,028 2036 $ 79,583 $ 78,967 $ 5,865 $ - $ 5,640 $ 170,056 2037 $ 85,552 $ 73,396 $ 5,983 $ - $ 5,243 $ 170,173 2038 $ 92,018 $ 67,407 $ 6,102 $ - $ 4,815 $ 170,342 2039 $ 98,982 $ 60,966 $ 6,224 $ - $ 4,355 $ 170,527 2040 $ 106,443 $ 54,037 $ 6,349 $ - $ 3,860 $ 170,688 2041 $ 114,401 $ 46,586 $ 6,476 $ - $ 3,328 $ 170,790 2042 $ 123,354 $ 38,578 $ 6,605 $ - $ 2,756 $ 171,293 2043 $ 132,307 $ 29,943 $ 6,737 $ - $ 2,139 $ 171,127 2044 $ 142,255 $ 20,682 $ 6,872 $ - $ 1,477 $ 171,286 2045 $ 153,198 $ 10,724 $ 7,010 $ - $ 766 $ 7,776 Totals $ 1,834,396 $ 2,118,270 $ 139,589 $ 7,741 $ 144,138 $ 4,080,212

[a] Interest is calculated based on the actual interest rate of the Major Improvement Area Bonds.

LA CIMA 2020 AMENDED AND RESTATED SAP 64 EXHIBIT H-9 MAJOR IMPROVEMENT AREA PARCEL # R19065 ESTIMATED ANNUAL INSTALLMENTS

Residential Tract #6 - Parcel ID R19065 Annual Installments

Installments Due Administrative Prepayment Delinquency Annual 1/31 Principal Interest [a] Expenses Reserve Reserve Installment 2021 $ 23,115 $ 104,783 $ 3,616 $ 3,045 $ 4,567 $ 139,126 2022 $ 22,289 $ 103,628 $ 3,689 $ 2,998 $ 4,497 $ 137,101 2023 $ 26,417 $ 102,235 $ 3,763 $ 381 $ 7,003 $ 139,798 2024 $ 28,480 $ 100,584 $ 3,838 $ - $ 7,252 $ 140,154 2025 $ 30,544 $ 98,803 $ 3,915 $ - $ 7,110 $ 140,372 2026 $ 32,608 $ 96,894 $ 3,993 $ - $ 6,957 $ 140,452 2027 $ 34,672 $ 94,856 $ 4,073 $ - $ 6,794 $ 140,395 2028 $ 37,148 $ 92,689 $ 4,154 $ - $ 6,621 $ 140,613 2029 $ 40,038 $ 90,089 $ 4,237 $ - $ 6,435 $ 140,799 2030 $ 42,927 $ 87,286 $ 4,322 $ - $ 6,235 $ 140,770 2031 $ 46,229 $ 84,282 $ 4,408 $ - $ 6,020 $ 140,939 2032 $ 49,531 $ 81,046 $ 4,497 $ - $ 5,789 $ 140,862 2033 $ 53,246 $ 77,578 $ 4,587 $ - $ 5,541 $ 140,952 2034 $ 57,374 $ 73,851 $ 4,678 $ - $ 5,275 $ 141,178 2035 $ 61,501 $ 69,835 $ 4,772 $ - $ 4,988 $ 141,096 2036 $ 66,042 $ 65,530 $ 4,867 $ - $ 4,681 $ 141,120 2037 $ 70,995 $ 60,907 $ 4,965 $ - $ 4,350 $ 141,217 2038 $ 76,361 $ 55,937 $ 5,064 $ - $ 3,996 $ 141,357 2039 $ 82,139 $ 50,592 $ 5,165 $ - $ 3,614 $ 141,510 2040 $ 88,331 $ 44,842 $ 5,269 $ - $ 3,203 $ 141,645 2041 $ 94,935 $ 38,659 $ 5,374 $ - $ 2,761 $ 141,729 2042 $ 102,365 $ 32,014 $ 5,481 $ - $ 2,287 $ 142,146 2043 $ 109,794 $ 24,848 $ 5,591 $ - $ 1,775 $ 142,008 2044 $ 118,049 $ 17,163 $ 5,703 $ - $ 1,226 $ 142,141 2045 $ 127,130 $ 8,899 $ 5,817 $ - $ 636 $ 6,453 Totals $ 1,522,260 $ 1,757,831 $ 115,837 $ 6,424 $ 119,612 $ 3,385,935

[a] Interest is calculated based on the actual interest rate of the Major Improvement Area Bonds.

LA CIMA 2020 AMENDED AND RESTATED SAP 65 EXHIBIT H-10 MAJOR IMPROVEMENT AREA PARCEL # R143364 ESTIMATED ANNUAL INSTALLMENTS

Residential Tract #7E - Parcel ID R143364 Annual Installments

Installments Due Administrative Prepayment Delinquency Annual 1/31 Principal Interest [a] Expenses Reserve Reserve Installment 2021 $ 7,486 $ 33,936 $ 1,171 $ 986 $ 1,479 $ 45,058 2022 $ 7,219 $ 33,562 $ 1,195 $ 971 $ 1,457 $ 44,403 2023 $ 8,555 $ 33,110 $ 1,219 $ 124 $ 2,268 $ 45,276 2024 $ 9,224 $ 32,576 $ 1,243 $ - $ 2,349 $ 45,391 2025 $ 9,892 $ 31,999 $ 1,268 $ - $ 2,303 $ 45,462 2026 $ 10,561 $ 31,381 $ 1,293 $ - $ 2,253 $ 45,488 2027 $ 11,229 $ 30,721 $ 1,319 $ - $ 2,200 $ 45,469 2028 $ 12,031 $ 30,019 $ 1,345 $ - $ 2,144 $ 45,540 2029 $ 12,967 $ 29,177 $ 1,372 $ - $ 2,084 $ 45,600 2030 $ 13,903 $ 28,269 $ 1,400 $ - $ 2,019 $ 45,591 2031 $ 14,972 $ 27,296 $ 1,428 $ - $ 1,950 $ 45,646 2032 $ 16,042 $ 26,248 $ 1,456 $ - $ 1,875 $ 45,621 2033 $ 17,245 $ 25,125 $ 1,485 $ - $ 1,795 $ 45,650 2034 $ 18,581 $ 23,918 $ 1,515 $ - $ 1,708 $ 45,723 2035 $ 19,918 $ 22,617 $ 1,545 $ - $ 1,616 $ 45,696 2036 $ 21,389 $ 21,223 $ 1,576 $ - $ 1,516 $ 45,704 2037 $ 22,993 $ 19,726 $ 1,608 $ - $ 1,409 $ 45,735 2038 $ 24,731 $ 18,116 $ 1,640 $ - $ 1,294 $ 45,781 2039 $ 26,602 $ 16,385 $ 1,673 $ - $ 1,170 $ 45,831 2040 $ 28,607 $ 14,523 $ 1,706 $ - $ 1,037 $ 45,874 2041 $ 30,746 $ 12,520 $ 1,740 $ - $ 894 $ 45,901 2042 $ 33,153 $ 10,368 $ 1,775 $ - $ 741 $ 46,037 2043 $ 35,559 $ 8,048 $ 1,811 $ - $ 575 $ 45,992 2044 $ 38,232 $ 5,558 $ 1,847 $ - $ 397 $ 46,035 2045 $ 41,173 $ 2,882 $ 1,884 $ - $ 206 $ 2,090 Totals $ 493,010 $ 569,304 $ 37,516 $ 2,081 $ 38,738 $ 1,096,593

[a] Interest is calculated based on the actual interest rate of the Major Improvement Area Bonds.

LA CIMA 2020 AMENDED AND RESTATED SAP 66 EXHIBIT H-11 MAJOR IMPROVEMENT AREA PARCEL # R13142 ESTIMATED ANNUAL INSTALLMENTS

Residential Tract #7W - Parcel ID R13142 Annual Installments

Installments Due Administrative Prepayment Delinquency Annual 1/31 Principal Interest [a] Expenses Reserve Reserve Installment 2021 $ 54,493 $ 247,029 $ 8,526 $ 7,178 $ 10,766 $ 327,992 2022 $ 52,547 $ 244,304 $ 8,696 $ 7,069 $ 10,603 $ 323,219 2023 $ 62,278 $ 241,020 $ 8,870 $ 899 $ 16,509 $ 329,577 2024 $ 67,143 $ 237,128 $ 9,048 $ - $ 17,097 $ 330,416 2025 $ 72,009 $ 232,931 $ 9,229 $ - $ 16,761 $ 330,930 2026 $ 76,874 $ 228,431 $ 9,413 $ - $ 16,401 $ 331,120 2027 $ 81,740 $ 223,626 $ 9,602 $ - $ 16,017 $ 330,984 2028 $ 87,578 $ 218,517 $ 9,794 $ - $ 15,608 $ 331,498 2029 $ 94,390 $ 212,387 $ 9,989 $ - $ 15,170 $ 331,937 2030 $ 101,201 $ 205,780 $ 10,189 $ - $ 14,699 $ 331,869 2031 $ 108,986 $ 198,696 $ 10,393 $ - $ 14,193 $ 332,267 2032 $ 116,771 $ 191,066 $ 10,601 $ - $ 13,648 $ 332,086 2033 $ 125,529 $ 182,893 $ 10,813 $ - $ 13,064 $ 332,298 2034 $ 135,260 $ 174,106 $ 11,029 $ - $ 12,436 $ 332,830 2035 $ 144,991 $ 164,637 $ 11,250 $ - $ 11,760 $ 332,637 2036 $ 155,695 $ 154,488 $ 11,475 $ - $ 11,035 $ 332,692 2037 $ 167,372 $ 143,589 $ 11,704 $ - $ 10,256 $ 332,922 2038 $ 180,022 $ 131,873 $ 11,938 $ - $ 9,420 $ 333,253 2039 $ 193,645 $ 119,272 $ 12,177 $ - $ 8,519 $ 333,613 2040 $ 208,242 $ 105,717 $ 12,421 $ - $ 7,551 $ 333,930 2041 $ 223,811 $ 91,140 $ 12,669 $ - $ 6,510 $ 334,130 2042 $ 241,327 $ 75,473 $ 12,922 $ - $ 5,391 $ 335,113 2043 $ 258,842 $ 58,580 $ 13,181 $ - $ 4,184 $ 334,788 2044 $ 278,304 $ 40,461 $ 13,444 $ - $ 2,890 $ 335,100 2045 $ 299,712 $ 20,980 $ 13,713 $ - $ 1,499 $ 15,212 Totals $ 3,588,761 $ 4,144,124 $ 273,087 $ 15,145 $ 281,988 $ 7,982,413

[a] Interest is calculated based on the actual interest rate of the Major Improvement Area Bonds.

LA CIMA 2020 AMENDED AND RESTATED SAP 67 EXHIBIT H-12 MAJOR IMPROVEMENT AREA PARCEL # R143365 ESTIMATED ANNUAL INSTALLMENTS

Residential Tract #8 - Parcel ID R143365Annual Installments

Installments Due Administrative Prepayment Delinquency Annual 1/31 Principal Interest [a] Expenses Reserve Reserve Installment 2021 $ 13,708 $ 62,143 $ 2,145 $ 1,806 $ 2,708 $ 82,510 2022 $ 13,219 $ 61,457 $ 2,188 $ 1,778 $ 2,667 $ 81,309 2023 $ 15,667 $ 60,631 $ 2,231 $ 226 $ 4,153 $ 82,909 2024 $ 16,891 $ 59,652 $ 2,276 $ - $ 4,301 $ 83,120 2025 $ 18,115 $ 58,596 $ 2,322 $ - $ 4,217 $ 83,249 2026 $ 19,339 $ 57,464 $ 2,368 $ - $ 4,126 $ 83,297 2027 $ 20,563 $ 56,256 $ 2,415 $ - $ 4,029 $ 83,263 2028 $ 22,031 $ 54,970 $ 2,464 $ - $ 3,926 $ 83,392 2029 $ 23,745 $ 53,428 $ 2,513 $ - $ 3,816 $ 83,502 2030 $ 25,458 $ 51,766 $ 2,563 $ - $ 3,698 $ 83,485 2031 $ 27,417 $ 49,984 $ 2,614 $ - $ 3,570 $ 83,585 2032 $ 29,375 $ 48,065 $ 2,667 $ - $ 3,433 $ 83,540 2033 $ 31,578 $ 46,009 $ 2,720 $ - $ 3,286 $ 83,593 2034 $ 34,026 $ 43,798 $ 2,775 $ - $ 3,128 $ 83,727 2035 $ 36,474 $ 41,416 $ 2,830 $ - $ 2,958 $ 83,679 2036 $ 39,167 $ 38,863 $ 2,887 $ - $ 2,776 $ 83,692 2037 $ 42,104 $ 36,121 $ 2,944 $ - $ 2,580 $ 83,750 2038 $ 45,286 $ 33,174 $ 3,003 $ - $ 2,370 $ 83,833 2039 $ 48,714 $ 30,004 $ 3,063 $ - $ 2,143 $ 83,924 2040 $ 52,385 $ 26,594 $ 3,125 $ - $ 1,900 $ 84,004 2041 $ 56,302 $ 22,927 $ 3,187 $ - $ 1,638 $ 84,054 2042 $ 60,708 $ 18,986 $ 3,251 $ - $ 1,356 $ 84,301 2043 $ 65,115 $ 14,736 $ 3,316 $ - $ 1,053 $ 84,219 2044 $ 70,010 $ 10,178 $ 3,382 $ - $ 727 $ 84,298 2045 $ 75,396 $ 5,278 $ 3,450 $ - $ 377 $ 3,827 Totals $ 902,792 $ 1,042,499 $ 68,698 $ 3,810 $ 70,937 $ 2,008,062

[a] Interest is calculated based on the actual interest rate of the Major Improvement Area Bonds.

LA CIMA 2020 AMENDED AND RESTATED SAP 68 EXHIBIT I – NEIGHBORHOOD IMPROVEMENT AREA #1 ESTIMATED ANNUAL INSTALLMENTS

Installment Due Additional Administrative Annual 1/31 Principal Interest [a] Interest Expenses Installment 2021 $ 65,000 $ 212,807 $ - $ 9,202 $ 287,009 2022 $ 65,000 $ 180,738 $ 19,025 $ 9,414 $ 274,177 2023 $ 60,000 $ 177,650 $ 18,700 $ 9,603 $ 265,953 2024 $ 65,000 $ 174,800 $ 18,400 $ 9,795 $ 267,995 2025 $ 65,000 $ 171,713 $ 18,075 $ 9,991 $ 264,778 2026 $ 70,000 $ 168,625 $ 17,750 $ 10,190 $ 266,565 2027 $ 75,000 $ 165,300 $ 17,400 $ 10,394 $ 268,094 2028 $ 75,000 $ 161,738 $ 17,025 $ 10,602 $ 264,365 2029 $ 80,000 $ 158,175 $ 16,650 $ 10,814 $ 265,639 2030 $ 85,000 $ 154,375 $ 16,250 $ 11,030 $ 266,655 2031 $ 90,000 $ 150,338 $ 15,825 $ 11,251 $ 267,413 2032 $ 95,000 $ 146,063 $ 15,375 $ 11,476 $ 267,913 2033 $ 100,000 $ 141,550 $ 14,900 $ 11,705 $ 268,155 2034 $ 100,000 $ 136,800 $ 14,400 $ 11,940 $ 263,140 2035 $ 110,000 $ 132,050 $ 13,900 $ 12,178 $ 268,128 2036 $ 115,000 $ 126,825 $ 13,350 $ 12,422 $ 267,597 2037 $ 120,000 $ 121,363 $ 12,775 $ 12,670 $ 266,808 2038 $ 125,000 $ 115,663 $ 12,175 $ 12,924 $ 265,761 2039 $ 130,000 $ 109,725 $ 11,550 $ 13,182 $ 264,457 2040 $ 135,000 $ 103,550 $ 10,900 $ 13,446 $ 262,896 2041 $ 145,000 $ 97,138 $ 10,225 $ 13,715 $ 266,077 2042 $ 150,000 $ 90,250 $ 9,500 $ 13,989 $ 263,739 2043 $ 160,000 $ 83,125 $ 8,750 $ 14,269 $ 266,144 2044 $ 165,000 $ 75,525 $ 7,950 $ 14,554 $ 263,029 2045 $ 175,000 $ 67,688 $ 7,125 $ 14,845 $ 264,658 2046 $ 395,000 $ 59,375 $ 6,250 $ 15,142 $ 475,767 2047 $ 415,000 $ 40,613 $ 4,275 $ 15,445 $ 475,333 2048 $ 440,000 $ 20,900 $ 2,200 $ 15,754 $ 478,854 Totals $ 3,870,000 $ 3,544,457 $ 350,700 $ 341,943 $ 8,107,100

[a] Interest calculated at 4.75% for illustrative purposes only.

Note: The figures shown above are estimates only and subject to change in annual service plan updates. Changes in administrative expenses, orDRAFT other available offsets could increase or decrease the amounts shown.

LA CIMA 2020 AMENDED AND RESTATED SAP 69 EXHIBIT J – NEIGHBORHOOD IMPROVEMENT AREA #2 ESTIMATED ANNUAL INSTALLMENTS

Annual Installment Additional Administrative Annual Due 1/31 Principal Interest [a] Interest Expenses Installment 2021 $ 80,000 $ 273,750 $ - $ 13,007 $ 366,757 2022 $ 75,000 $ 256,263 $ 26,975 $ 13,267 $ 371,505 2023 $ 75,000 $ 252,700 $ 26,600 $ 13,533 $ 367,833 2024 $ 80,000 $ 249,138 $ 26,225 $ 13,803 $ 369,166 2025 $ 85,000 $ 245,338 $ 25,825 $ 14,079 $ 370,242 2026 $ 90,000 $ 241,300 $ 25,400 $ 14,361 $ 371,061 2027 $ 95,000 $ 237,025 $ 24,950 $ 14,648 $ 371,623 2028 $ 100,000 $ 232,513 $ 24,475 $ 14,941 $ 371,929 2029 $ 100,000 $ 227,763 $ 23,975 $ 15,240 $ 366,977 2030 $ 105,000 $ 223,013 $ 23,475 $ 15,545 $ 367,032 2031 $ 110,000 $ 218,025 $ 22,950 $ 15,856 $ 366,831 2032 $ 120,000 $ 212,800 $ 22,400 $ 16,173 $ 371,373 2033 $ 125,000 $ 207,100 $ 21,800 $ 16,496 $ 370,396 2034 $ 130,000 $ 201,163 $ 21,175 $ 16,826 $ 369,164 2035 $ 135,000 $ 194,988 $ 20,525 $ 17,163 $ 367,675 2036 $ 145,000 $ 188,575 $ 19,850 $ 17,506 $ 370,931 2037 $ 150,000 $ 181,688 $ 19,125 $ 17,856 $ 368,668 2038 $ 155,000 $ 174,563 $ 18,375 $ 18,213 $ 366,151 2039 $ 165,000 $ 167,200 $ 17,600 $ 18,577 $ 368,377 2040 $ 175,000 $ 159,363 $ 16,775 $ 18,949 $ 370,086 2041 $ 180,000 $ 151,050 $ 15,900 $ 19,328 $ 366,278 2042 $ 190,000 $ 142,500 $ 15,000 $ 19,714 $ 367,214 2043 $ 200,000 $ 133,475 $ 14,050 $ 20,109 $ 367,634 2044 $ 210,000 $ 123,975 $ 13,050 $ 20,511 $ 367,536 2045 $ 220,000 $ 114,000 $ 12,000 $ 20,921 $ 366,921 2046 $ 400,000 $ 103,550 $ 10,900 $ 21,339 $ 535,789 2047 $ 420,000 $ 84,550 $ 8,900 $ 21,766 $ 535,216 2048 $ 440,000 $ 64,600 $ 6,800 $ 22,202 $ 533,602 2049 $ 450,000 $ 43,700 $ 4,600 $ 22,646 $ 520,946 2050 $ 470,000 $ 22,325 $ 2,350 $ 23,099 $ 517,774 Total $ 5,475,000 $ 5,327,988 $ 532,025 $ 527,672 $ 11,862,685

[a] Interest Rate calculated at 4.75% for illustrative purposes only.

LA CIMA 2020 AMENDED AND RESTATED SAP 70 EXHIBIT K – MAXIMUM SPECIAL ASSESSMENT

Maximum Special Assessment Outstanding Maximum Lot Size Lot Type Per Lot Special Assessment Per Lot Neighborhood Improvement Area #1 50' 1 $ 21,149.29 $ 20,561.77 60' 2 $ 25,889.66 $ 25,170.45 70' 3 $ 31,395.03 $ 30,492.86 80' 4 $ 35,934.07 $ 34,901.46 Neighborhood Improvement Area #2 50' 5 $ 26,289.63 $ 26,289.63 60' 6 $ 32,182.11 $ 32,182.11 70' 7 $ 37,621.38 $ 37,621.38

DRAFT

LA CIMA 2020 AMENDED AND RESTATED SAP 71 EXHIBIT L - FORM OF NOTICE OF SPECIAL ASSESSMENT TERMINATION

P3Works, LLC 9284 Huntington Square, Suite 100 North Richland Hills, TX 76182 ______

[Date] Hays County Clerk’s Office Honorable [County Clerk Name] Hays County 712 S Stagecoach Trail #2008 San Marcos, TX 78666

Re: Hays County Lien Release documents for filing

Dear Ms./Mr. [County Clerk Name],

Enclosed is a lien release that Hays County is requesting to be filed in your office. Lien release for [insert legal description]. Recording Numbers: [Plat]. Please forward copies of the filed documents below:

Hays County Attn: ______712 S Stagecoach Trail #2008 San Marcos, TX 78666

Please contact me if you have any questions or need additional information.

Sincerely, [Signature]

P3Works, LLC P: (817)393-0353 DRAFT [email protected]

LA CIMA PID – 2020 ANNUAL SERVICE PLAN UPDATE 72 AFTER RECORDING RETURN TO:

Hays County Attn: ______712 S Stagecoach Trail #2008 San Marcos, TX 78666

NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.

FULL RELEASE OF PUBLIC IMPROVEMENT DISTRICT LIEN

STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HAYS §

THIS FULL RELEASE OF PUBLIC IMPROVEMENT DISTRICT LIEN (this "Full Release") is executed and delivered as of the Effective Date by Hays County, Texas.

RECITALS

WHEREAS, the governing body (hereinafter referred to as the "Commissioners Court") of Hays County, Texas (hereinafter referred to as the "County"), is authorized by Chapter 372, Texas Local Government Code, as amended (hereinafter referred to as the "Act"), to create public improvement districts within the County; and

WHEREAS, a county may establish a public improvement district unless within 30 days of a county's action to approve such a district, a home rule municipality objects to its establishment within the municipality's corporate limits or extraterritorial jurisdiction; and

WHEREAS, on September 23, 2014, the Commissioners Court approved Resolution No. 30162, creating the La Cima Public Improvement District within the Country and within the extraterritorial jurisdiction of the City of San Marcos, Texas (the “City”), which City did not object to the creation of the La Cima Public Improvement District; and

WHEREAS, theDRAFT La Cima Public Improvement District consists of approximately 2,044 contiguous acres located within the corporate limits of the County; and

LA CIMA PID – 2020 ANNUAL SERVICE PLAN UPDATE 73 [Select recital identifying the applicable lien]

[WHEREAS, on July 21, 2015, the Commissioners Court approved Order No. ____, (hereinafter referred to as the "MPI Assessment Order") approving a service and assessment plan (the “SAP”) and assessment roll for the Property within the La Cima Public Improvement District; and]

[WHEREAS, on or about March 20, 2018 the Commissioners Court approved Order No. ____, (hereinafter referred to as the "NIA #1 Assessment Order") approving a service and assessment plan ( the “NIA #1 SAP) and assessment roll for the Property within Neighborhood Improvement Area #1 of the La Cima Public Improvement District; and]

[WHEREAS, on or about February 25, 2020 the Commissioners Court approved Order No. ____, (hereinafter referred to as the "NIA #2 Assessment Order") approving a service and assessment plan (the “NIA #2 SAP”) and assessment roll for the Property within Neighborhood Improvement Area #2 of the La Cima Public Improvement District; and]

WHEREAS, the [MPI/NIA #1/NIA #2] Assessment Order imposed a Special Assessment in the amount of $______(hereinafter referred to as the "Lien Amount") for the following property:

[legal description], a subdivision in Hays County, Texas, according to the map or plat of record in Document/Instrument No. ______of the Plat Records of Hays County, Texas (hereinafter referred to as the "Property"); and

WHEREAS, the property owners of the Property have paid unto the County the Lien Amount.

RELEASE NOW THEREFORE, the County, the owner and holder of the Lien, as established by Order No. ______, which levied the Special Assessment in the amount of the Lien Amount against the Property releases and discharges, and by these presents does hereby release and discharge, the above-described Property from said lien held by the undersigned securing said indebtedness.

EXECUTED to be EFFECTIVE this the _____ day of ______, 20__.

DRAFTHAYS COUNTY, TEXAS,

By: ______[Name], [Title] ATTEST:

LA CIMA PID – 2020 ANNUAL SERVICE PLAN UPDATE 74 ______[County Clerk Name], County Clerk

STATE OF TEXAS § § COUNTY OF HAYS §

This instrument was acknowledged before me on the ____ day of ______, 20__, by [Name], [Title] for Hays County Texas, on behalf of said county.

______Notary Public, State of Texas

DRAFT

LA CIMA PID – 2020 ANNUAL SERVICE PLAN UPDATE 75 EXHIBIT M-1 – LOT TYPE 1 HOMEBUYER DISCLOSURE

NOTICE OF OBLIGATION TO PAY PUBLIC IMPROVEMENT DISTRICT SPECIAL ASSESSMENTS HAYS COUNTY, TEXAS

CONCERNING THE PROPERTY AT:

______STREET ADDRESS

PRINCIPAL SPECIAL ASSESSMENT: $20,561.77

As the purchaser of the real property located at the street address set forth above, you are obligated to pay Special Assessments to Hays County, Texas, for the costs of a portion of public improvements (the “Authorized Improvements”) undertaken for the benefit of the property within “La Cima Public Improvement District” (the “District”) created under Subchapter A, Chapter 372, Local Government Code, as amended. THE PRINCIPAL OF THE SPECIAL ASSESSMENT AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS IS $20,561.77, WHICH MAY BE PAID IN FULL AT ANY TIME; HOWEVER, IF NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS WHICH WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, ADMINISTRATIVE EXPENSES, AND DELINQUENCY COSTS. An estimate of the annual installments is attached; however, it is only an estimate and is subject to change. The exact amount of the annual installments, including the annual installments thereof, will be approved each year by the Commissioners Court in the Annual Service Plan Update for the District. More information about the Special Assessments, including the amounts and due dates, may be obtained from the County Clerk of Hays County. Your failure to pay any Special Assessment, or any annual installment thereof, may result in penalties and interest being added to what you owe and could result in a lien on and the foreclosure of your property. The undersigned purchaser acknowledges receipt of the foregoing notice prior to the effective date of a binding contract for the purchase of the real property at the street address set forth above. DRAFT

LA CIMA PID – 2020 ANNUAL SERVICE PLAN UPDATE 76 IN WITNESS WHEREOF, I have signed this certificate this ______, 2020.

PURCHASER:

By: ____ By: _____

Name: ______Name: ______

Title: ______Title: ______

STATE OF TEXAS § § COUNTY OF HAYS §

The foregoing instrument was acknowledged before me by ______, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed, in the capacity stated and as the act and deed of the above-referenced entities as an authorized signatory of said entities.

Given under my hand and seal of office on this ______, 2020.

______Notary Public, State of Texas STATE OF TEXAS § § COUNTY OF HAYS §

LA CIMA PID – 2020 ANNUAL SERVICE PLAN UPDATE 77 Lot Type 1 - Neighborhood Improvement Area #1 Annual Installments + Major Public Improvement Annual Installment Allocable Share

Major Improvement Area Neighborhood Improvement Area #1 Installments Due Administrative Prepayment Delinquency Additional Administrative Annual 1/31 Principal Interest Expenses Reserve Reserve Principal Interest Interest Expenses Installment 2021 $ 130.13 $ 589.90 $ 20.36 $ 17.14 $ 25.71 $ 201.41 $ 666.16 $ - $ 28.51 $ 1,679.33 2022 $ 125.48 $ 583.39 $ 20.78 $ 16.89 $ 25.33 $ 201.41 $ 560.05 $ 58.95 $ 29.17 $ 1,621.45 2023 $ 148.72 $ 575.55 $ 21.19 $ 2.15 $ 39.44 $ 185.92 $ 550.48 $ 57.95 $ 29.76 $ 1,611.16 2024 $ 160.34 $ 566.26 $ 21.62 $ - $ 40.85 $ 201.41 $ 541.65 $ 57.02 $ 30.35 $ 1,619.49 2025 $ 171.96 $ 556.23 $ 22.05 $ - $ 40.04 $ 201.41 $ 532.08 $ 56.01 $ 30.96 $ 1,610.75 2026 $ 183.57 $ 545.49 $ 22.49 $ - $ 39.18 $ 216.91 $ 522.52 $ 55.00 $ 31.58 $ 1,616.73 2027 $ 195.19 $ 534.01 $ 22.94 $ - $ 38.27 $ 232.40 $ 512.21 $ 53.92 $ 32.21 $ 1,621.15 2028 $ 209.13 $ 521.81 $ 23.40 $ - $ 37.29 $ 232.40 $ 501.17 $ 52.76 $ 32.85 $ 1,610.81 2029 $ 225.40 $ 507.17 $ 23.87 $ - $ 36.24 $ 247.89 $ 490.13 $ 51.59 $ 33.51 $ 1,615.81 2030 $ 241.67 $ 491.40 $ 24.34 $ - $ 35.12 $ 263.39 $ 478.36 $ 50.35 $ 34.18 $ 1,618.81 2031 $ 260.26 $ 474.48 $ 24.83 $ - $ 33.91 $ 278.88 $ 465.85 $ 49.04 $ 34.86 $ 1,622.11 2032 $ 278.85 $ 456.26 $ 25.33 $ - $ 32.61 $ 294.37 $ 452.60 $ 47.64 $ 35.56 $ 1,623.22 2033 $ 299.76 $ 436.74 $ 25.83 $ - $ 31.21 $ 309.87 $ 438.62 $ 46.17 $ 36.27 $ 1,624.47 2034 $ 323.00 $ 415.76 $ 26.35 $ - $ 29.71 $ 309.87 $ 423.90 $ 44.62 $ 37.00 $ 1,610.21 2035 $ 346.23 $ 393.15 $ 26.88 $ - $ 28.10 $ 340.86 $ 409.18 $ 43.07 $ 37.74 $ 1,625.20 2036 $ 371.79 $ 368.91 $ 27.41 $ - $ 26.36 $ 356.35 $ 392.99 $ 41.37 $ 38.49 $ 1,623.68 2037 $ 399.68 $ 342.89 $ 27.96 $ - $ 24.50 $ 371.84 $ 376.06 $ 39.59 $ 39.26 $ 1,621.79 2038 $ 429.89 $ 314.91 $ 28.52 $ - $ 22.50 $ 387.34 $ 358.40 $ 37.73 $ 40.05 $ 1,619.34 2039 $ 462.42 $ 284.82 $ 29.09 $ - $ 20.35 $ 402.83 $ 340.00 $ 35.79 $ 40.85 $ 1,616.15 2040 $ 497.28 $ 252.45 $ 29.67 $ - $ 18.04 $ 418.32 $ 320.87 $ 33.78 $ 41.66 $ 1,612.07 2041 $ 534.46 $ 217.64 $ 30.27 $ - $ 15.55 $ 449.31 $ 301.00 $ 31.68 $ 42.50 $ 1,622.41 2042 $ 576.28 $ 180.23 $ 30.87 $ - $ 12.88 $ 464.80 $ 279.66 $ 29.44 $ 43.35 $ 1,617.50 2043 $ 618.11 $ 139.89 $ 31.49 $ - $ 10.00 $ 495.79 $ 257.58 $ 27.11 $ 44.21 $ 1,624.18 2044 $ 664.58 $ 96.62 $ 32.12 $ - $ 6.90 $ 511.28 $ 234.03 $ 24.63 $ 45.10 $ 1,615.27 2045 $ 715.69 $ 50.10 $ 32.76 $ - $ 3.58 $ 542.27 $ 209.74 $ 22.08 $ 46.00 $ 1,622.22 2046 $ - $ - $ - $ - $ - $ 1,223.98 $ 183.98 $ 19.37 $ 46.92 $ 1,474.25 2047 $ - $ - $ - $ - $ - $ 1,285.95 $ 125.85 $ 13.25 $ 47.86 $ 1,472.90 2048 $ - $ - $ - $ - $ - $ 1,363.42 $ 64.76 $ 6.82 $ 48.82 $ 1,483.82 Totals $ 8,569.87 $ 9,896.07 $ 652.42 $ 36.18 $ 673.68 $ 11,991.90 $ 10,989.89 $ 1,086.71 $ 1,059.57 $ 44,956.28

LA CIMA PID – 2020 ANNUAL SERVICE PLAN UPDATE 78 EXHIBIT M-2 – LOT TYPE 2 HOMEBUYER DISCLOSURE

NOTICE OF OBLIGATION TO PAY PUBLIC IMPROVEMENT DISTRICT SPECIAL ASSESSMENTS HAYS COUNTY, TEXAS

CONCERNING THE PROPERTY AT:

______STREET ADDRESS

PRINCIPAL SPECIAL ASSESSMENT: $25,170.45

As the purchaser of the real property located at the street address set forth above, you are obligated to pay Special Assessments to Hays County, Texas, for the costs of a portion of public improvements (the “Authorized Improvements”) undertaken for the benefit of the property within “La Cima Public Improvement District” (the “District”) created under Subchapter A, Chapter 372, Local Government Code, as amended. THE PRINCIPAL OF THE SPECIAL ASSESSMENT AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS IS $25,170.45, WHICH MAY BE PAID IN FULL AT ANY TIME; HOWEVER, IF NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS WHICH WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, ADMINISTRATIVE EXPENSES, AND DELINQUENCY COSTS. An estimate of the annual installments is attached; however, it is only an estimate and is subject to change. The exact amount of the annual installments, including the annual installments thereof, will be approved each year by the Commissioners Court in the Annual Service Plan Update for the District. More information about the Special Assessments, including the amounts and due dates, may be obtained from the County Clerk of Hays County. Your failure to pay any Special Assessment, or any annual installment thereof, may result in penalties and interest being added to what you owe and could result in a lien on and the foreclosure of your property. The undersigned purchaser acknowledges receipt of the foregoing notice prior to the effective date of a binding contract for the purchase of the real property at the street address set forth above. DRAFT

LA CIMA PID – 2020 ANNUAL SERVICE PLAN UPDATE 79 IN WITNESS WHEREOF, I have signed this certificate this ______, 2020.

PURCHASER:

By: ____ By: _____

Name: ______Name: ______

Title: ______Title: ______

STATE OF TEXAS § § COUNTY OF HAYS §

Given under my hand and seal of office on this ______, 2020.

______Notary Public, State of Texas STATE OF TEXAS § § COUNTY OF HAYS §

LA CIMA PID – 2020 ANNUAL SERVICE PLAN UPDATE 80 Lot Type 2 - Neighborhood Improvement Area #1 Annual Installments + Major Public Improvement Annual Installment Allocable Share

Major Improvement Area Neighborhod Improvement Area #1 Installments Due Administrative Prepayment Delinquency Additional Administrative Annual 1/31 Principal Interest Expenses Reserve Reserve Principal Interest Interest Expenses Installment 2021 $ 159.29 $ 722.12 $ 24.92 $ 20.98 $ 31.47 $ 246.56 $ 815.47 $ - $ 34.90 $ 2,055.72 2022 $ 153.61 $ 714.15 $ 25.43 $ 20.67 $ 31.01 $ 246.56 $ 685.58 $ 72.17 $ 35.71 $ 1,984.89 2023 $ 182.05 $ 704.55 $ 25.94 $ 2.63 $ 48.28 $ 227.59 $ 673.86 $ 70.93 $ 36.42 $ 1,972.27 2024 $ 196.27 $ 693.17 $ 26.46 $ - $ 50.00 $ 246.56 $ 663.05 $ 69.80 $ 37.15 $ 1,982.47 2025 $ 210.50 $ 680.91 $ 26.99 $ - $ 49.02 $ 246.56 $ 651.34 $ 68.56 $ 37.90 $ 1,971.78 2026 $ 224.72 $ 667.75 $ 27.53 $ - $ 47.97 $ 265.53 $ 639.63 $ 67.33 $ 38.65 $ 1,979.11 2027 $ 238.94 $ 653.71 $ 28.08 $ - $ 46.84 $ 284.49 $ 627.02 $ 66.00 $ 39.43 $ 1,984.51 2028 $ 256.01 $ 638.77 $ 28.64 $ - $ 45.65 $ 284.49 $ 613.51 $ 64.58 $ 40.22 $ 1,971.86 2029 $ 275.92 $ 620.85 $ 29.21 $ - $ 44.37 $ 303.46 $ 599.99 $ 63.16 $ 41.02 $ 1,977.98 2030 $ 295.83 $ 601.54 $ 29.80 $ - $ 42.99 $ 322.42 $ 585.58 $ 61.64 $ 41.84 $ 1,981.63 2031 $ 318.59 $ 580.83 $ 30.40 $ - $ 41.51 $ 341.39 $ 570.26 $ 60.03 $ 42.68 $ 1,985.68 2032 $ 341.35 $ 558.53 $ 31.00 $ - $ 39.91 $ 360.36 $ 554.05 $ 58.32 $ 43.53 $ 1,987.05 2033 $ 366.95 $ 534.63 $ 31.62 $ - $ 38.21 $ 379.32 $ 536.93 $ 56.52 $ 44.40 $ 1,988.58 2034 $ 395.39 $ 508.95 $ 32.26 $ - $ 36.37 $ 379.32 $ 518.91 $ 54.62 $ 45.29 $ 1,971.11 2035 $ 423.84 $ 481.27 $ 32.90 $ - $ 34.39 $ 417.25 $ 500.89 $ 52.73 $ 46.20 $ 1,989.47 2036 $ 455.13 $ 451.60 $ 33.56 $ - $ 32.27 $ 436.22 $ 481.07 $ 50.64 $ 47.12 $ 1,987.61 2037 $ 489.26 $ 419.74 $ 34.23 $ - $ 30.00 $ 455.19 $ 460.35 $ 48.46 $ 48.06 $ 1,985.29 2038 $ 526.24 $ 385.49 $ 34.91 $ - $ 27.55 $ 474.15 $ 438.73 $ 46.18 $ 49.02 $ 1,982.29 2039 $ 566.07 $ 348.66 $ 35.61 $ - $ 24.92 $ 493.12 $ 416.21 $ 43.81 $ 50.00 $ 1,978.40 2040 $ 608.73 $ 309.03 $ 36.33 $ - $ 22.08 $ 512.08 $ 392.79 $ 41.35 $ 51.00 $ 1,973.39 2041 $ 654.25 $ 266.42 $ 37.05 $ - $ 19.04 $ 550.02 $ 368.46 $ 38.79 $ 52.02 $ 1,986.05 2042 $ 705.45 $ 220.62 $ 37.79 $ - $ 15.77 $ 568.98 $ 342.34 $ 36.04 $ 53.06 $ 1,980.05 2043 $ 756.65 $ 171.24 $ 38.55 $ - $ 12.24 $ 606.91 $ 315.31 $ 33.19 $ 54.12 $ 1,988.22 2044 $ 813.54 $ 118.28 $ 39.32 $ - $ 8.45 $ 625.88 $ 286.48 $ 30.16 $ 55.21 $ 1,977.31 2045 $ 876.13 $ 61.33 $ 40.11 $ - $ 4.38 $ 663.81 $ 256.75 $ 27.03 $ 56.31 $ 1,985.85 2046 $ - $ - $ - $ - $ - $ 1,498.32 $ 225.22 $ 23.71 $ 57.44 $ 1,804.69 2047 $ - $ - $ - $ - $ - $ 1,574.18 $ 154.05 $ 16.22 $ 58.59 $ 1,803.04 2048 $ - $ - $ - $ - $ - $ 1,669.01 $ 79.28 $ 8.35 $ 59.76 $ 1,816.40 Totals $ 10,490.71 $ 12,114.15 $ 798.65 $ 44.28 $ 824.68 $ 14,679.74 $ 13,453.14 $ 1,330.28 $ 1,297.06 $ 55,032.69

LA CIMA PID – 2020 ANNUAL SERVICE PLAN UPDATE 81 EXHIBIT M-3 – LOT TYPE 3 HOMEBUYER DISCLOSURE

NOTICE OF OBLIGATION TO PAY PUBLIC IMPROVEMENT DISTRICT SPECIAL ASSESSMENTS HAYS COUNTY, TEXAS

CONCERNING THE PROPERTY AT:

______STREET ADDRESS

PRINCIPAL SPECIAL ASSESSMENT: $30,492.86

As the purchaser of the real property located at the street address set forth above, you are obligated to pay Special Assessments to Hays County, Texas, for the costs of a portion of public improvements (the “Authorized Improvements”) undertaken for the benefit of the property within “La Cima Public Improvement District” (the “District”) created under Subchapter A, Chapter 372, Local Government Code, as amended. THE PRINCIPAL OF THE SPECIAL ASSESSMENT AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS IS $30,492.86, WHICH MAY BE PAID IN FULL AT ANY TIME; HOWEVER, IF NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS WHICH WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, ADMINISTRATIVE EXPENSES, AND DELINQUENCY COSTS. An estimate of the annual installments is attached; however, it is only an estimate and is subject to change. The exact amount of the annual installments, including the annual installments thereof, will be approved each year by the Commissioners Court in the Annual Service Plan Update for the District. More information about the Special Assessments, including the amounts and due dates, may be obtained from the County Clerk of Hays County. Your failure to pay any Special Assessment, or any annual installment thereof, may result in penalties and interest being added to what you owe and could result in a lien on and the foreclosure of your property. The undersigned purchaser acknowledges receipt of the foregoing notice prior to the effective date of a binding contract for the purchase of the real property at the street address set forth above. DRAFT

LA CIMA PID – 2020 ANNUAL SERVICE PLAN UPDATE 82 IN WITNESS WHEREOF, I have signed this certificate this ______, 2020.

PURCHASER:

By: ____ By: _____

Name: ______Name: ______

Title: ______Title: ______

STATE OF TEXAS § § COUNTY OF HAYS §

Given under my hand and seal of office on this ______, 2020.

______Notary Public, State of Texas STATE OF TEXAS § § COUNTY OF HAYS §

LA CIMA PID – 2020 ANNUAL SERVICE PLAN UPDATE 83 Lot Type 3 - Neighborhood Improvement Area #1 Annual Installments + Major Public Improvement Area Annual Installment Allocable Share

Major Improvement Area Neighborhod Improvement Area #1 Installments Due Administrative Prepayment Delinquency Additional Administrative Annual 1/31 Principal Interest Expenses Reserve Reserve Principal Interest Interest Expenses Installment 2021 $ 150.76 $ 683.43 $ 23.59 $ 19.86 $ 29.79 $ 345.39 $ 1,121.54 $ - $ 48.89 $ 2,423.25 2022 $ 145.38 $ 675.89 $ 24.07 $ 19.56 $ 29.35 $ 345.39 $ 960.39 $ 101.09 $ 50.02 $ 2,351.16 2023 $ 172.30 $ 666.81 $ 24.55 $ 2.49 $ 45.70 $ 318.82 $ 943.99 $ 99.37 $ 51.03 $ 2,325.05 2024 $ 185.76 $ 656.04 $ 25.04 $ - $ 47.32 $ 345.39 $ 928.84 $ 97.77 $ 52.05 $ 2,338.22 2025 $ 199.22 $ 644.43 $ 25.54 $ - $ 46.39 $ 345.39 $ 912.43 $ 96.05 $ 53.09 $ 2,322.55 2026 $ 212.68 $ 631.98 $ 26.05 $ - $ 45.40 $ 371.96 $ 896.03 $ 94.32 $ 54.15 $ 2,332.57 2027 $ 226.14 $ 618.69 $ 26.58 $ - $ 44.33 $ 398.53 $ 878.36 $ 92.46 $ 55.23 $ 2,340.32 2028 $ 242.29 $ 604.55 $ 27.11 $ - $ 43.20 $ 398.53 $ 859.43 $ 90.47 $ 56.34 $ 2,321.92 2029 $ 261.14 $ 587.59 $ 27.65 $ - $ 41.99 $ 425.10 $ 840.50 $ 88.47 $ 57.46 $ 2,329.91 2030 $ 279.99 $ 569.31 $ 28.20 $ - $ 40.68 $ 451.67 $ 820.31 $ 86.35 $ 58.61 $ 2,335.12 2031 $ 301.52 $ 549.71 $ 28.77 $ - $ 39.28 $ 478.24 $ 798.85 $ 84.09 $ 59.78 $ 2,340.25 2032 $ 323.06 $ 528.61 $ 29.34 $ - $ 37.78 $ 504.80 $ 776.14 $ 81.70 $ 60.98 $ 2,342.41 2033 $ 347.29 $ 505.99 $ 29.93 $ - $ 36.16 $ 531.37 $ 752.16 $ 79.17 $ 62.20 $ 2,344.28 2034 $ 374.21 $ 481.68 $ 30.53 $ - $ 34.42 $ 531.37 $ 726.92 $ 76.52 $ 63.44 $ 2,319.10 2035 $ 401.13 $ 455.49 $ 31.14 $ - $ 32.55 $ 584.51 $ 701.68 $ 73.86 $ 64.71 $ 2,345.07 2036 $ 430.75 $ 427.41 $ 31.76 $ - $ 30.54 $ 611.08 $ 673.91 $ 70.94 $ 66.01 $ 2,342.40 2037 $ 463.05 $ 397.26 $ 32.40 $ - $ 28.39 $ 637.65 $ 644.89 $ 67.88 $ 67.33 $ 2,338.84 2038 $ 498.05 $ 364.84 $ 33.04 $ - $ 26.07 $ 664.22 $ 614.60 $ 64.69 $ 68.67 $ 2,334.19 2039 $ 535.74 $ 329.98 $ 33.70 $ - $ 23.58 $ 690.79 $ 583.05 $ 61.37 $ 70.05 $ 2,328.26 2040 $ 576.12 $ 292.48 $ 34.38 $ - $ 20.90 $ 717.35 $ 550.24 $ 57.92 $ 71.45 $ 2,320.84 2041 $ 619.20 $ 252.15 $ 35.07 $ - $ 18.02 $ 770.49 $ 516.16 $ 54.33 $ 72.88 $ 2,338.30 2042 $ 667.66 $ 208.80 $ 35.77 $ - $ 14.92 $ 797.06 $ 479.56 $ 50.48 $ 74.33 $ 2,328.59 2043 $ 716.12 $ 162.07 $ 36.48 $ - $ 11.58 $ 850.20 $ 441.70 $ 46.50 $ 75.82 $ 2,340.47 2044 $ 769.96 $ 111.94 $ 37.21 $ - $ 8.00 $ 876.77 $ 401.32 $ 42.24 $ 77.34 $ 2,324.78 2045 $ 829.18 $ 58.04 $ 37.96 $ - $ 4.15 $ 929.90 $ 359.67 $ 37.86 $ 78.88 $ 2,335.65 2046 $ - $ - $ - $ - $ - $ 2,098.93 $ 315.50 $ 33.21 $ 80.46 $ 2,528.10 2047 $ - $ - $ - $ - $ - $ 2,205.20 $ 215.80 $ 22.72 $ 82.07 $ 2,525.79 2048 $ - $ - $ - $ - $ - $ 2,338.04 $ 111.06 $ 11.69 $ 83.71 $ 2,544.50 Totals $ 9,928.70 $ 11,465.17 $ 755.87 $ 41.91 $ 780.50 $ 20,564.16 $ 18,825.05 $ 1,863.53 $ 1,816.99 $ 66,041.88

LA CIMA PID – 2020 ANNUAL SERVICE PLAN UPDATE 84 EXHIBIT M-4 – LOT TYPE 4 HOMEBUYER DISCLOSURE NOTICE OF OBLIGATION TO PAY PUBLIC IMPROVEMENT DISTRICT SPECIAL ASSESSMENTS HAYS COUNTY, TEXAS

CONCERNING THE PROPERTY AT:

______STREET ADDRESS

PRINCIPAL SPECIAL ASSESSMENT: $34,901.46

As the purchaser of the real property located at the street address set forth above, you are obligated to pay Special Assessments to Hays County, Texas, for the costs of a portion of public improvements (the “Authorized Improvements”) undertaken for the benefit of the property within “La Cima Public Improvement District” (the “District”) created under Subchapter A, Chapter 372, Local Government Code, as amended. THE PRINCIPAL OF THE SPECIAL ASSESSMENT AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS IS $34,901.46, WHICH MAY BE PAID IN FULL AT ANY TIME; HOWEVER, IF NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS WHICH WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, ADMINISTRATIVE EXPENSES, AND DELINQUENCY COSTS. An estimate of the annual installments is attached; however, it is only an estimate and is subject to change. The exact amount of the annual installments, including the annual installments thereof, will be approved each year by the Commissioners Court in the Annual Service Plan Update for the District. More information about the Special Assessments, including the amounts and due dates, may be obtained from the County Clerk of Hays County. Your failure to pay any Special Assessment, or any annual installment thereof, may result in penalties and interest being added to what you owe and could result in a lien on and the foreclosure of your property. The undersigned purchaser acknowledges receipt of the foregoing notice prior to the effective date of a binding contract for the purchase of the real property at the street address set forth above. DRAFT

LA CIMA PID – 2020 ANNUAL SERVICE PLAN UPDATE 85 IN WITNESS WHEREOF, I have signed this certificate this ______, 2020.

PURCHASER:

By: ____ By: _____

Name: ______Name: ______

Title: ______Title: ______

STATE OF TEXAS § § COUNTY OF HAYS §

Given under my hand and seal of office on this ______, 2020.

______Notary Public, State of Texas STATE OF TEXAS § § COUNTY OF HAYS §

LA CIMA PID – 2020 ANNUAL SERVICE PLAN UPDATE 86 Lot Type 4 - Neighborhood Improvement Area #1 Annual Installments + Major Public Improvement Annual Installment Allocable Share

Major Improvement Area Neighborhod Improvement Area #1 Installments Due Administrative Prepayment Delinquency Additional Administrative Annual 1/31 Principal Interest Expenses Reserve Reserve Principal Interest Interest Expenses Installment 2021 $ 172.56 $ 782.24 $ 27.00 $ 22.73 $ 34.09 $ 395.33 $ 1,283.69 $ - $ 55.96 $ 2,773.60 2022 $ 166.39 $ 773.61 $ 27.55 $ 22.39 $ 33.59 $ 395.33 $ 1,099.24 $ 115.71 $ 57.26 $ 2,691.08 2023 $ 197.21 $ 763.21 $ 28.10 $ 2.85 $ 52.30 $ 364.92 $ 1,080.47 $ 113.73 $ 58.40 $ 2,661.20 2024 $ 212.62 $ 750.89 $ 28.66 $ - $ 54.17 $ 395.33 $ 1,063.13 $ 111.91 $ 59.57 $ 2,676.28 2025 $ 228.02 $ 737.60 $ 29.24 $ - $ 53.10 $ 395.33 $ 1,044.35 $ 109.93 $ 60.76 $ 2,658.34 2026 $ 243.43 $ 723.35 $ 29.82 $ - $ 51.96 $ 425.74 $ 1,025.58 $ 107.96 $ 61.98 $ 2,669.81 2027 $ 258.84 $ 708.13 $ 30.42 $ - $ 50.74 $ 456.15 $ 1,005.35 $ 105.83 $ 63.22 $ 2,678.68 2028 $ 277.33 $ 691.96 $ 31.03 $ - $ 49.45 $ 456.15 $ 983.69 $ 103.55 $ 64.48 $ 2,657.62 2029 $ 298.90 $ 672.54 $ 31.65 $ - $ 48.06 $ 486.56 $ 962.02 $ 101.27 $ 65.77 $ 2,666.77 2030 $ 320.46 $ 651.62 $ 32.28 $ - $ 46.57 $ 516.97 $ 938.91 $ 98.83 $ 67.09 $ 2,672.72 2031 $ 345.12 $ 629.19 $ 32.93 $ - $ 44.96 $ 547.38 $ 914.35 $ 96.25 $ 68.43 $ 2,678.60 2032 $ 369.77 $ 605.03 $ 33.58 $ - $ 43.24 $ 577.79 $ 888.35 $ 93.51 $ 69.80 $ 2,681.07 2033 $ 397.50 $ 579.15 $ 34.26 $ - $ 41.39 $ 608.20 $ 860.91 $ 90.62 $ 71.19 $ 2,683.21 2034 $ 428.31 $ 551.32 $ 34.94 $ - $ 39.40 $ 608.20 $ 832.02 $ 87.58 $ 72.62 $ 2,654.38 2035 $ 459.13 $ 521.34 $ 35.64 $ - $ 37.26 $ 669.02 $ 803.13 $ 84.54 $ 74.07 $ 2,684.12 2036 $ 493.02 $ 489.20 $ 36.35 $ - $ 34.96 $ 699.43 $ 771.35 $ 81.19 $ 75.55 $ 2,681.05 2037 $ 530.00 $ 454.69 $ 37.08 $ - $ 32.49 $ 729.84 $ 738.13 $ 77.70 $ 77.06 $ 2,676.99 2038 $ 570.06 $ 417.59 $ 37.82 $ - $ 29.84 $ 760.25 $ 703.46 $ 74.05 $ 78.60 $ 2,671.67 2039 $ 613.20 $ 377.69 $ 38.58 $ - $ 26.99 $ 790.66 $ 667.35 $ 70.25 $ 80.17 $ 2,664.88 2040 $ 659.42 $ 334.76 $ 39.35 $ - $ 23.92 $ 821.07 $ 629.79 $ 66.29 $ 81.78 $ 2,656.38 2041 $ 708.72 $ 288.60 $ 40.14 $ - $ 20.62 $ 881.89 $ 590.79 $ 62.19 $ 83.41 $ 2,676.36 2042 $ 764.19 $ 238.99 $ 40.94 $ - $ 17.08 $ 912.30 $ 548.90 $ 57.78 $ 85.08 $ 2,665.26 2043 $ 819.65 $ 185.50 $ 41.76 $ - $ 13.26 $ 973.12 $ 505.57 $ 53.22 $ 86.78 $ 2,678.85 2044 $ 881.28 $ 128.12 $ 42.59 $ - $ 9.16 $ 1,003.53 $ 459.34 $ 48.35 $ 88.52 $ 2,660.89 2045 $ 949.04 $ 66.43 $ 43.44 $ - $ 4.75 $ 1,064.35 $ 411.67 $ 43.33 $ 90.29 $ 2,673.31 2046 $ - $ - $ - $ - $ - $ 2,402.39 $ 361.12 $ 38.01 $ 92.10 $ 2,893.61 2047 $ - $ - $ - $ - $ - $ 2,524.02 $ 247.00 $ 26.00 $ 93.94 $ 2,890.97 2048 $ - $ - $ - $ - $ - $ 2,676.07 $ 127.11 $ 13.38 $ 95.82 $ 2,912.38 Totals $ 11,364.17 $ 13,122.78 $ 865.15 $ 47.97 $ 893.34 $ 23,537.29 $ 21,546.74 $ 2,132.95 $ 2,079.69 $ 75,590.09

LA CIMA PID – 2020 ANNUAL SERVICE PLAN UPDATE 87 EXHIBIT N – ESTIMATED TOTAL DISTRICT SPECIAL ASSESSMENTS

Neighborhood Neighborhood Parcel #4 Parcel #5 Parcel #6 Parcel #7E Parcel #7W Parcel #8 Non-Residential Improvement Improvement Total Area #1 [a] Area #2 Major Improvement Area: Par Amount $ 2,370,000 $ 1,860,000 $ 1,245,000 $ 1,910,000 $ 1,585,000 $ 265,175 $ 3,984,825 $ 940,000 $ 5,040,000 $ 19,200,000 Less: Reserve Fund $ 203,400 $ 159,631 $ 106,850 $ 163,922 $ 136,029 $ 22,758 $ 341,989 $ 80,674 $ 432,548 $ 1,647,800 Capitalized Interest $ 179,300 $ 140,716 $ 94,189 $ 144,499 $ 119,912 $ 20,062 $ 301,468 $ 71,115 $ 381,296 $ 1,452,556 Underwriter Discount $ 57,275 $ 44,950 $ 30,088 $ 46,158 $ 38,304 $ 6,408 $ 96,300 $ 22,717 $ 121,800 $ 464,000 Cost of Issuance $ 128,529 $ 100,871 $ 67,519 $ 103,583 $ 85,957 $ 14,381 $ 216,104 $ 50,978 $ 273,328 $ 1,041,250 Deposit to Project Fund $ 1,801,496 $ 1,413,832 $ 946,355 $ 1,451,838 $ 1,204,798 $ 201,566 $ 3,028,964 $ 714,517 $ 3,831,028 $ 14,594,394

Neighborhood Improvement Area: Par Amount $ 3,985,000 $ 5,475,000 $ 3,465,000 $ 10,250,000 $ 10,755,000 $ 1,205,000 $ 26,520,000 $ 5,820,000 $ - $ 67,475,000 Less: Reserve Fund $ 323,158 $ 457,182 $ 231,500 $ 680,000 $ 712,750 $ 82,250 $ 1,753,750 $ 386,250 $ - $ 4,626,840 Capitalized Interest $ - $ - $ 173,250 $ 512,500 $ 537,750 $ 60,250 $ 1,326,000 $ 291,000 $ - $ 2,900,750 Underwriter Discount $ 116,100 $ 164,250 $ 103,950 $ 307,500 $ 322,650 $ 36,150 $ 795,600 $ 174,600 $ - $ 2,020,800 Cost of Issuance $ 232,200 $ 328,500 $ 225,225 $ 666,250 $ 699,075 $ 78,325 $ 1,723,800 $ 378,300 $ - $ 4,331,675 Deposit to Project Fund $ 3,313,542 $ 4,525,068 $ 2,731,075 $ 8,083,750 $ 8,482,775 $ 948,025 $ 20,920,850 $ 4,589,850 $ - $ 53,594,935

Total PID Bonds Par Amount $ 6,355,000 $ 7,335,000 $ 4,710,000 $ 12,160,000 $ 12,340,000 $ 1,470,175 $ 30,504,825 $ 6,760,000 $ 5,040,000 $ 86,675,000 Less: Reserve Fund $ 526,558 $ 616,813 $ 338,350 $ 843,922 $ 848,779 $ 105,008 $ 2,095,739 $ 466,924 $ 432,548 $ 6,274,640 Capitalized Interest $ 179,300 $ 140,716 $ 267,439 $ 656,999 $ 657,662 $ 80,312 $ 1,627,468 $ 362,115 $ 381,296 $ 4,353,306 Underwriter Discount $ 173,375 $ 209,200 $ 134,038 $ 353,658 $ 360,954 $ 42,558 $ 891,900 $ 197,317 $ 121,800 $ 2,484,800 Cost of Issuance $ 360,729 $ 429,371 $ 292,744 $ 769,833 $ 785,032 $ 92,706 $ 1,939,904 $ 429,278 $ 273,328 $ 5,372,925 Deposit to Project Fund $ 5,115,038 $ 5,938,900 $ 3,677,430 $ 9,535,588 $ 9,687,573 $ 1,149,591 $ 23,949,814 $ 5,304,367 $ 3,831,028 $ 68,189,329

[a] The Neighborhood Improvement Area #1 Assessment equaled $3,985,000, and has been reduced by $115,000 as a result of Annual Installments collected 1/31/19 and 1/31/20. Note: The figures shown above are based on information provided by the Master Developer and are preliminary estimates only and subject to change as additional Neighborhood Improvement Areas are developed. DRAFT

LA CIMA 2020 AMENDED AND RESTATED SAP 88 EXHIBIT O – CONCEPTUAL LAND USE PLAN

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LA CIMA 2020 AMENDED AND RESTATED SAP 89 EXHIBIT P-1 – MAP OF MAJOR IMPROVEMENTS

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LA CIMA 2020 AMENDED AND RESTATED SAP 90 DRAFT

LA CIMA 2020 AMENDED AND RESTATED SAP 91 DRAFT

LA CIMA 2020 AMENDED AND RESTATED SAP 92 DRAFT

LA CIMA 2020 AMENDED AND RESTATED SAP 93 EXHIBIT P-2 – MAP OF PHASE 1 SECTION 1 IMPROVEMENTS

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LA CIMA 2020 AMENDED AND RESTATED SAP 94 EXHIBIT P-3 – MAP OF PHASE 1 SECTION 2 IMPROVEMENTS

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LA CIMA 2020 AMENDED AND RESTATED SAP 95 EXHIBIT P-4 - MAP OF NEIGHBORHOOD IMPROVEMENT AREA #2 IMPROVEMENTS

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LA CIMA 2020 AMENDED AND RESTATED SAP 96 EXHIBIT Q – MAJOR IMPROVEMENT AREA MAP

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LA CIMA 2020 AMENDED AND RESTATED SAP 97 EXHIBIT R – MAJOR IMPROVEMENT AREA LEGAL DESCRIPTION

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LA CIMA 2020 AMENDED AND RESTATED SAP 98 DRAFT

LA CIMA 2020 AMENDED AND RESTATED SAP 99 DRAFT

LA CIMA 2020 AMENDED AND RESTATED SAP 100 DRAFT

LA CIMA 2020 AMENDED AND RESTATED SAP 101 DRAFT

LA CIMA 2020 AMENDED AND RESTATED SAP 102 DRAFT

LA CIMA 2020 AMENDED AND RESTATED SAP 103 DRAFT

LA CIMA 2020 AMENDED AND RESTATED SAP 104 DRAFT

LA CIMA 2020 AMENDED AND RESTATED SAP 105 DRAFT

LA CIMA 2020 AMENDED AND RESTATED SAP 106 DRAFT

LA CIMA 2020 AMENDED AND RESTATED SAP 107 DRAFT

LA CIMA 2020 AMENDED AND RESTATED SAP 108 EXHIBIT S – NEIGHBORHOOD IMPROVEMENT AREA #1 MAP

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LA CIMA 2020 AMENDED AND RESTATED SAP 109 EXHIBIT T-1 – PHASE 1 SECTION 1 LEGAL DESCRIPTION

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LA CIMA 2020 AMENDED AND RESTATED SAP 110 DRAFT

LA CIMA 2020 AMENDED AND RESTATED SAP 111 DRAFT

LA CIMA 2020 AMENDED AND RESTATED SAP 112 DRAFT

LA CIMA 2020 AMENDED AND RESTATED SAP 113 EXHIBIT T-2 – PHASE 1 SECTION 1 PLAT

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LA CIMA 2020 AMENDED AND RESTATED SAP 114 DRAFT

LA CIMA 2020 AMENDED AND RESTATED SAP 115 DRAFT

LA CIMA 2020 AMENDED AND RESTATED SAP 116 DRAFT

LA CIMA 2020 AMENDED AND RESTATED SAP 117 EXHIBIT U-1 – PHASE 1 SECTION 2 LEGAL DESCRIPTION

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LA CIMA 2020 AMENDED AND RESTATED SAP 118 DRAFT

LA CIMA 2020 AMENDED AND RESTATED SAP 119 DRAFT

LA CIMA 2020 AMENDED AND RESTATED SAP 120 EXHIBIT U-2 – PHASE 1 SECTION 2 PLAT

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LA CIMA 2020 AMENDED AND RESTATED SAP 121 DRAFT

LA CIMA 2020 AMENDED AND RESTATED SAP 122 DRAFT

LA CIMA 2020 AMENDED AND RESTATED SAP 123 DRAFT

LA CIMA 2020 AMENDED AND RESTATED SAP 124 EXHIBIT V – NEIGHBORHOOD IMPROVEMENT AREA #2 MAP

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LA CIMA 2020 AMENDED AND RESTATED SAP 125 EXHIBIT W – NEIGHBORHOOD IMPROVEMENT AREA #2 LEGAL DESCRIPTION

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LA CIMA 2020 AMENDED AND RESTATED SAP 126 DRAFT

LA CIMA 2020 AMENDED AND RESTATED SAP 127 DRAFT

LA CIMA 2020 AMENDED AND RESTATED SAP 128 DRAFT

LA CIMA 2020 AMENDED AND RESTATED SAP 129 EXHIBIT X – MAJOR IMPROVEMENT AREA BONDS DEBT SERVICE SCHEDULE

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LA CIMA 2020 AMENDED AND RESTATED SAP 130 EXHIBIT Y – NEIGHBORHOOD IMPROVEMENT AREA #1-2 BONDS DEBT SERVICE SCHEDULE

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LA CIMA 2020 AMENDED AND RESTATED SAP 131 AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM Executive Session pursuant to Sections 551.071 and 551.074 of the Texas Government Code: consultation with counsel and deliberation regarding all individual positions in the Investigations Division of the Hays County Criminal District Attorney's Office. Possible discussion and/or action may follow in open Court.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

EXECUTIVE SESSION October 20, 2020

LINE ITEM NUMBER

AUDITOR USE ONLY AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A

REQUESTED BY SPONSOR CO-SPONSOR

SHELL N/A

SUMMARY Summary to be provided in Executive Session.

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