Preservation Grant Funding AgreementSTATE OF TEXAS
COUNTY OF BEXAR
HOTEL TAX FUNDING AGREEMENT BETWEEN THE CITY OF SCHERTZ,
TEXAS AND FOR EXPENDITURE OF HOTEL OCCUPANCY TAX
FUNDS
This Hotel Tax Funding Agreement (AGREEMENT) is made and entered into by and between the City of
Schertz, Texas (CITY) and (ENTIM.
WHEREAS, the ENTITY has developed a proposal to
and
WHEREAS, the City of Schertz finds that promoting the enhancement and perpetuation of
structures of historical importance and significance are necessary to promote the economic, cultural,
educational and general welfare of the public; and
WHEREAS, the area around -Main Street in Schertz once served as commercial and social hub
of the community; and
WHEREAS, the City seeks to iriptove the image of the area around Main Street through
historic restoration and rehabilitation of structures m.the Main StieetWea to serve as a commercial,
social, cultural and tourism hub of the City; and
WHEREAS, in order to facilitate the preservation of historic structures to promote the economic
vitality of the Main Street area as a. tourist destination, the City of Schertz is offering incentives that will
serve to,-Amprove existing properties and businesses within this area.; and
WHEREAS, the City Council of the City of Schertz desires to provide Hotel Occupancy Tax
revenues to the _. (ENTITY).
NOW, THEREFORE, it issnutually agreed by and between the CITY and ENTITY as follows:
.;: GENERAL PROVISIONS
Section 1. Purpose. The purpose of this Agreement is to provide funding to the ENTITY for
the project identified in the attached Exhibit "A" (the "Project "), the intent of which is to protect,
enhance, and preserve the historic resources and landmarks which represent distinctive elements of the
City of Schertz' historic, architectural, economic, cultural, and social heritage by providing property
owners an incentive for protecting their property; stabilize and improve property values; foster civic pride
in the beauty and accomplishments of the past, and to promote the use of the historic structures for the
culture, education, and general welfare of residents, and strengthen the economy of the city by protecting
and enhancing the attractiveness of the Main Street area to residents and visitors, as well as provide
support and stimulus to businesses.
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Section 2. Obligation of the ENTITY. The ENTITY shall use all of the awarded funds
provided by the CITY in accordance with Chapter 351 of the Texas Tax Code, the ENTITY'S funding
application, and the attached Exhibit "A ".
Section 3. Reporting Requirements of the ENTITY. The ENTITY shall deliver a detailed
accounting of the expenditures for the Project within thirty (30) days after completion of the Project (the
"Post Event Report"). The Post Event Report shall include copies of receipts and other documents
establishing the expenditures for the project. The CITY shall not make reimbursements for
expenditures where no receipt or invoice is provided. Partial or incomplete reports will not be accepted.
Section 4. Authorization of Payment. Subject to the ENTITY'S satisfactory performance and
compliance with the terms of this AGREEMENT, the C-1.1 Y agrees to pay the ENTITY up to fifty
percent (50 %) of the Project from hotel occupancy tWnfim,ds. Payment will be made within forty-five
(45) days of acceptance of the complete Post Event Report. Partial or in' omplete reports will not be
accepted. Only expenditures that meet Chapter -51 6f the Tax Code and t ir, AGREEMENT shall be
reimbursed. �_ -
Section 5. Appeal Process. Any- ENTITY wig to appeal the decision op the CITY must
present their appeal in writing within ten (T0) business days of funding denial.
Section 6. Rights. The City of Schertz has the right, at airy time, to inspect the books or
records of the ENTITY that #*krelate to performance of this AGREEMENT. The CITY, at its sole
expenses, has the nght;a_ gonduct an,audit of the ENTITY or Project.
Section 7. Term `The AG R EMENT shall become effective as of the date entered below.
The AGREEMENT- - shall terminate one year from its effective date or once the terms have been met,
whicheverz occurs first.
Section 8. Indemnification The- ENTITY agrees to defend, indemnify and hold harmless the
CITY, its officers, agents and employees, against any and all claims, lawsuits, judgments, cause of action,
costs and expenses for personal injury (including death), property damage or other harm for which
recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned
by the ENTITY's breach of,any of the terms or provisions of this AGREEMENT, or by any negligent act
or omission of the ENTITY, its- officers, agents, servants, employees, contractors, or subcontractors, in the
performance of this AGREEMENT; except that the indemnity provided for in this paragraph shall not
apply to any liability resulting from the sole negligence of the CITY, its officers, agents, employees or
separate contractors, and in the event of joint and concurrent negligence of both the ENTITY and the
CITY under Texas law and without waiving any defenses of the parties under Texas law. The provisions
of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any
rights, contractual or otherwise, to any other person or entity. Both parties expressly agree that this
AGREEMENT does not assign any responsibility for civil liability to the City of Schertz that may arise by
virtue of this AGREEMENT.
Section 9. Termination. A party may terminate this AGREEMENT in whole or in part if the
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other parry fails to comply with a term of the AGREEMENT, including the inability of the ENTITY to
conform to any change required by federal, state or local laws or regulations; or for the convenience of
either party. The terminating party shall provide written notification to the other party of the decision to
terminate this AGREEMENT within thirty (30) days before the effective date of termination. A parry
may terminate the AGREEMENT for breach of any provision of this AGREEMENT, upon
written notice of the breach and the breaching party shall have ten (10) days after receipt of the written
notice in which to cure the breach to the satisfaction of the non - breaching party.
Section 10. Notice. All notices required or permitted under this AGREEMENT shall be in
writing and shall be delivered in person or mailed as follows: _t
to the CITY at:
City of Schertz
Attention: City Manager
1400 Schertz Parkway
Schertz, TX 78154
(210) 619 -1000
To the ENTITY at: [Name of
(Attention: ]
[Address: ]
[Mailing address if different from address:
[City, State, ZIP]
[Telephone number: ] `.
Section 11. Entire; Agreement. This AGREEMENT constitutes the entire agreement of the
parties regarding the subject- matter contained herein. The parties may not modify or amend this
AGREEMENT;.. except by written. agreement approved by the governing bodies of each party and duly
executed by botlparties.
Section 12.t `Approval. This AGREEMENT has been duly and properly approved by each
party's governing body and constitutes a binding obligation on each party.
Section 13. Assignment. Except as otherwise provided in this AGREEMENT, a party may not
assign this AGREEMENT or subcontract the performance of services without first obtaining the written
consent of the other party.
Section 14. Non - Waiver. A party's failure or delay to exercise right or remedy does not
constitute a waiver of the right or remedy. An exercise of a right or remedy under this AGREEMENT
does not preclude the exercise of another right or remedy. Rights and remedies under this AGREEMENT
are cumulative and are not exclusive of other rights or remedies provided by law.
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Section 15. Paragraph Headings. The various paragraph headings are inserted for convenience
of reference only, and shall not affect the meaning or interpretation of this AGREEMENT or any section
thereof.
Section 16. Attorney fees. In any lawsuit concerning this AGREEMENT, the prevailing party
shall be entitled to recover reasonable attorney's fees from the nonprevailing parry, plus all out -of- pocket
expense such as deposition costs, telephone, calls, travel expenses, expert witness fees, court costs, and
their reasonable expenses, unless otherwise prohibited by law.
Section 17. Severability. The parties agree that ir?the event any provision of this
AGREEMENT is declared invalid by a court of competent jurisd ii6h that part of the AGREEMENT is
severable and the decree shall not affect the remainder of_the<GREEMENT. The remainder of the
AGREEMENT shall be in full force and effect.
Section 18. Venue. The parties agree that __ disputes that artse,of this AGREEMENT are
governed by the laws of the State of Texas and venue, for all purposes herewith shall be in Milam County,
Texas.
Section 19. Certificate of Insurance. The ENTITY agrees to provide a certificate of insurance
for liability and worker's compensation insurance or letter of. self- insurance on its letterhead indicating
its self-insured status before any event awarded funding under-this AGREEMENT. The cost of the
insurance herein mentioned to be secured and maintained by the ENTITY shall be borne solely by the
ENTITY.
IN WITNESS L.AlIEREOF, the CITY and ENTITY make and execute this
AGREEMENT to be effective this day of =- 20
CITY 0EU—_ RTZ; TEXAS ENTITY
-� -
3-
City Manager
ATTEST:
City Secretary
(Title)
(Title)
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Rl"IMPI
[Describe the project to be performed]
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