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Res 2016-150/approving the Landowner Agreement and Notice of Special Assessments Agreement with Highpointe Trace, LLC for the Trace Public Improvement District (PID).
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Res 2016-150/approving the Landowner Agreement and Notice of Special Assessments Agreement with Highpointe Trace, LLC for the Trace Public Improvement District (PID).
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4/27/2017 1:33:25 PM
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10/21/2016 2:08:17 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2016-150
Date
10/18/2016
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"PID Bonds" means the special assessment revenue bonds to be issued by the City, in one <br />or more series, to finance the Public Improvements that confer special benefit on the land <br />within the District, which may include funds for any required reserves and amounts <br />necessary to pay the PID Bond issuance costs, and to be secured by the revenues and funds <br />pledged under an Indenture, consisting primarily of the Special Assessments, pursuant to <br />the authority granted in the PID Act, and as described by this Agreement for the purposes <br />of (i) financing the costs of Public Improvements and related costs and (ii) reimbursing the <br />Landowner for Actual Costs paid prior to the issuance of the PID Bonds. This term is used <br />to collectively refer to the Major Improvement PID Bonds, the Additional No. 1 PID Bonds, <br />the Additional No. 2 PID Bonds and any Additional PID Bonds throughout this Agreement. <br />"Planning Area(s)" means means one or more individual Parcels within the Project which are <br />designated by the Landowners for specific land uses. At the time of the issuance of the PID <br />Bonds, the Planning Areas are designated as follows: Planning Areas 1, 2, 6, 7 and 13 — Single <br />Family Residential; Plannings Areas 8 and 12 — Multi -Family; Planning Areas 3, 10 and 11 — <br />Retail; and Planning Area 9 — Business Park and as depicted on Appendix C attached hereto. <br />"Prepayment Costs" mean interest and expenses to the date of prepayment, plus any <br />additional expenses related to the prepayment, reasonably expected to be incurred by or <br />imposed upon the City as a result of any prepayment of a Special Assessment and the PID <br />Bonds secured by such Special Assessment. <br />"Prepayment Reserve" has the meaning set forth in Section IV.H of this SAP. <br />"Property" means the approximately 417.63 acres of property depicted and described by <br />metes and bounds on Exhibit A to Resolution No. 2015-146R as adopted by City Council on <br />October 29, 2015 of which 320.28 acres are developable and are to be assessed with a <br />Special Assessment. The Property is located within the City and is legally described in <br />Appendix B to this SAP and is depicted in Table ILA of this SAP. <br />"Public Improvements" mean the Authorized Improvements designed, constructed, and <br />installed in accordance with this SAP for which Special Assessments are levied against the <br />Assessed Property that receives a special benefit from such improvement and depicted in <br />Appendix E. <br />"Public Property" means property, real property, right of way and easements located <br />within the boundaries of the PID that is owned by or irrevocably offered for dedication to <br />the federal government, the State of Texas, the County, the City, a school district, a public <br />utility provider or any other political subdivision or public agency, whether in fee simple, <br />through an exclusive use easement, plat, or a public utility easement. <br />"Residential Parcel" means a Parcel located within the PID which has been designated at <br />the time of the adoption of the initial Assessment Roll and approval of this SAP for the <br />future development of single family residential homes. In accordance with the PDD, Parcels <br />identified as Planning Areas 1, 2, 6, 7 and 13 are designated as Residential Parcels. <br />7 <br />
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