Res 2017-139/Whisper finance agreement

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pursuant to Section VI.D of the Service and Assessment Plan or Section VI.E of the Service and Assessment Plan, remains subject to the Special Assessments and requires the Special Assessments to be prepaid as provided for in Section VI.E of the Service and Assessment Plan. "Notice" means any notice, writing, or other communication given under this Agreement. "Owner" and "Owners" have the meaning given in the recitals to this Agreement. "Owner's Association" means a homeowner's association or property owner's association. "Owner Association Property" means property within the boundaries of the District that is owned by or irrevocably offered for dedication to, whether in fee simple or through an exclusive use easement, an Owner's Association established for the benefit of a group of homeowners or property owners within the District. "Owner Continuing Disclosure Agreement" shall have the meaning given in the Indenture or any purchase agreement relating to the sale of the PID Bonds. "Owner Expended Funds" has the meaning given in Section 4.02(c) of this Agreement. "Party" means the Owners or the City, as parties to this Agreement, and "Parties" means collectively, the Owners and the City. "Payment Request" means the document to be provided by Whisper MC to substantiate the Actual Cost of one or more Segments. "PDD" has the meaning given in the recitals to this Agreement. "PID Act" means Chapter 372 of the Texas Local Government Code, as amended. "PID Bonds" means the special assessment revenue bonds to be issued by the City, in one or more series, to finance the Public Improvements that confer special benefit on the land within the PID, which may include funds for any required reserves and amounts necessary to pay the PID Bond issuance costs, and to be secured by the revenues and funds pledged under an Indenture, consisting primarily of the Special Assessments, pursuant to the authority granted in the PID Act, and as described by this Agreement for the purposes of (i) financing the costs of Public Improvements and related costs and (ii) reimbursing Whisper Master Community Limited Partnership for Actual Costs paid prior to the issuance of the PID Bonds. This term is used to collectively refer to the PID Bonds. "PID Bond Ordinance" means and refers to the order(s) or ordinances of the City Council that will authorize and approve the issuance and sale of the PID Bonds and provide for their security and payment, either under the terms of the bond order or a trust indenture related to the PID Bonds. 29 WHISPER PID FINANCING AGREEMENT