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property with five (5) or more dwelling units;2 and (2) are intended to decrease <br />energy or water consumption or demand by installing a product, device, or <br />interacting group of products or devices on the customer's side of the meter that <br />uses energy technology to generate electricity, provide thermal energy, or regulate <br />temperature.3 <br />A sample list of potential Qualified Improvements appears in Section 2 above. <br />The PACE Program may not be used to finance improvements to undeveloped lots <br />or lots undergoing development at the time of the assessment, or for the purchase or <br />installation of products or devices not permanently fixed to real property.4 <br />(e) Authorized Representative. For the Pilot Project, Grayson Path, City <br />Manager (or his successor or designee), is designated as the "Authorized Representative" <br />authorized to enter into written contracts on behalf of City with property owners and <br />lenders. For future PACE projects, City may designate a Program Administrator as the <br />"Authorized Representative," and may delegate all or some official administrative <br />responsibilities, like the execution of individual contracts with property owner and lenders, <br />to the Program Administrator.5 This relationship will be monitored and maintained by the <br />City Manager, or his/her designee. <br />(f) Plans for Insuring Sufficient Capital. Lenders will extend loans to finance <br />Qualified Improvements. Financing documents executed between owners and lenders will <br />impose a contractual assessment on Eligible Property to repay the owner's financing of the <br />Qualified Improvements. The lenders will ensure that property owners demonstrate the <br />financial ability to fulfill the financial obligations to be repaid through contractual <br />assessments. <br />(g) No Use of Bonds or Public Funds. City does not intend to issue bonds or <br />use any other public monies to fund PACE projects. Property owners will obtain all <br />financing from the eligible lenders they choose. <br />(h) Limit on Length of Loan. One of the statutory requirements for a PACE <br />loan is that the assessment payment period cannot exceed the useful life of the Qualified <br />Improvement that is the basis for the loan and assessment. As part of the application <br />process, the property owners will submit a third -party review showing the water or energy <br />baseline conditions and the projected water or energy savings. This review will aid the <br />2 TX. Local Gov't Code §399.002(5). <br />3 TX. Local Gov't Code §399.002(3). <br />4 TX. Local Gov't Code §399.004. <br />5 HB 3187 was signed into law on June 16, 2015. It authorizes City to delegate administration of the Pace <br />program to a third -party "representative". <br />-7- <br />