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Res 2017-139/Whisper finance agreement
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Res 2017-139/Whisper finance agreement
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10/11/2017 9:23:13 AM
Creation date
9/12/2017 1:32:55 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2017-139
Date
9/5/2017
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"PID Bond Security" means the funds that are to be pledged in or pursuant to the PID <br />Bond Ordinance or the Indenture to the payment of the debt service requirements on the PID <br />Bonds, consisting of the Special Assessments, including earnings and income derived from the <br />investment or deposit of Special Assessments in the special funds or accounts created and <br />established for the payment and security of the PID Bonds, unless such earnings are required to <br />be deposited into a rebate fund for payment to the federal government. <br />"Pledged Revenue Fund" means the separate and unique fund established by the City <br />under such name pursuant to the Indenture wherein the Special Assessment Revenues are <br />deposited. <br />"Prepayment" means the payment of all or a portion of a Special Assessment before the <br />due date thereof. Amounts received at the time of a Prepayment which represent a payment of <br />principal, interest or penalties on a delinquent installment of a Special Assessment are not to be <br />considered a Prepayment, but rather are to be treated as the payment of the regularly scheduled <br />Special Assessment. <br />"Project" has the meaning given in the recitals to this Agreement. <br />"Project Costs" means the total of all Actual Costs. <br />"Project Engineer" means the civil engineer or firm of civil engineers selected by <br />Whisper MC to perform the duties set forth herein, which is currently Doucet & Associates. <br />Whisper MC reserves the right to replace the Project Engineer at any time in Whisper MC's sole <br />discretion. <br />"Project Fund" means the separate and unique fund established by the City under such <br />name pursuant to the Indenture as described in Section 5.02 hereof. <br />"Property" has the meaning given in the recitals to this Agreement. <br />"Public Improvements" means the Authorized Improvements designed, constructed, and <br />installed in accordance with the Service and Assessment Plan for which Special Assessments are <br />levied against the Assessed Property that receives a special benefit from such improvement and <br />depicted in Appendix D of the Service and Assessment Plan. <br />"Public Property" means property, plat, real property, right of way and easements <br />located within the boundaries of the District that is owned by or irrevocably offered . for <br />dedication to the federal government, the State of Texas, the County, the City, a school district, a <br />public utility provider or any other political subdivision or public agency, whether in fee simple, <br />through an exclusive use easement, or through a public utility easement. <br />"Regulatory Requirements" means the requirements and provisions of the City over the <br />Public Improvements, as adjusted by the PDD. <br />"Reimbursement Payment" has the meaning given in Section 4.02(c). <br />30 <br />WHISPER PID FINANCING AGREEMENT <br />
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