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NOTICE OF CONTRACTUAL ASSESSMENT LIEN
PURSUANT TO PROPERTY ASSESSED CLEAN ENERGY ACT
STATE OF TEXAS §
COUNTY OF TRAVIS §
WHEREAS, the Property Assessed Clean Energy (“PACE”) Act, Texas Local
Government Code Chapter 399, authorizes the governing body of a local government to establish
a program and designate a region within the local government’s jurisdiction as a region within
which an authorized local government official may enter into written contracts with the record
owners of commercial, industrial, agricultural, and large multifamily residential (5 or more
dwelling units) real property to impose assessments on the property to finance the cost of
permanent improvements fixed to the property intended to decrease water or energy consumption
or demand (“Qualified Improvements”); and
WHEREAS, Travis County has established a program under the PACE Act pursuant to
Resolution No. ____________________________, dated ___________________________2015,
adopted by the Travis County Commissioners Court and has designated the entire territory
within Travis County’s jurisdiction as a region within which the authorized County official
named below and the record owners of such real property may enter into written contracts to
impose assessments to repay the financing by owners of Qualified Improvements on the owner’s
property; and
WHEREAS, _________________________________________________(“Property
Owner”) is the legal and record owner of the qualified real property within Travis County’s
jurisdiction located at __________________________________________________________,
_________________________________, Texas, and more fully described in Exhibit A attached
hereto and made a part hereof (the “Property”);
WHEREAS, Property Owner intends to install or modify certain Qualified Improvements
on the Property and finance the cost of such Qualified Improvements under the Travis County
PACE program and has entered into a written Owner Contract with Travis County pursuant to
the PACE Act and requested Travis County to impose an assessment (the “Assessment”) on the
Property to repay the financing of such Qualified Improvements; and
WHEREAS, the financing of such Qualified Improvements will be provided to Property
Owner by ____________________________________________________ (“Lender”), a
qualified lender selected by Property Owner, pursuant to a written Lender Contract executed by
Lender and Travis County as required by the PACE Act; and Property Owner has executed
certain financing documents, copies of which are attached hereto as Exhibit B, agreeing to repay
such financing in favor of Lender, which has agreed to service the debt secured by the
Assessment: