18-R-50 - Main Street Grant for 428 MainO
WHEREAS, The City of Schertz desires to protect, enhance, and preserve the historic resources
and landmarks which represent distinctive elements of Schertz' historic, architectural, economic,
cultural, and social heritage by providing property owners and incentive for protecting their
property; and
WHEREAS, Stabilize and improve property values; and
WHEREAS, 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
WHEREAS, 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.
WHEREAS, the City Council approved the Historical Incentive Program for Main Street;
WHEREAS, the Schertz Historic Preservation Committee is in support of this program and
recommended approval of the grant request for 528 Main Street for up to $5,000;
NOW THEREFORE, BE IT RESOLVER, THAT THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
Section 1. The City Council hereby approves the Schertz Main Street Area
Preservation Incentive Program grant request for 528 Main Street subject to the approved criteria
of the program and execution of a funding agreement generally as outlined in Exhibit "A ".
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 1st day of May 2018.
CITY OF SCRTZ, TEXAS
R Carpenter, Mayor
ATTEST:
renda Dennis, City §ecretary
(CITY SEAL)
., i
STATE 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 (ENTITY.
WHEREAS, the ENTITY had developed a proposal to
NtS
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' Iviaii%Strcet in Scbdtz once served as commercial and social hub
of the community; and
WHEREAS the City seeks to imptove the urrage of the -area around Main Street through
historic restoration and.rehabilitation of sttubj ues in the1 -Mih• Street area to serve as a commercial,
social, cultural and tourrs4l hub of t ity; and
WHEREAS, in oridei. tp facihtate the preservation of historic shvctu es to promote the economic
vitality of the Maui!Street area as a tourist destuiation, the, City of Scheitz is offering incentives that will
serve to improve existuig aropertres` pd businesses wit *his area_; and
WMEEAS, the City Council of the City of Schertz desires to provide Motel Occupancy Tax
revenues to M, (ENTITI').
fz
NOW, THEREFORE, it Is nutually 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 Sebortz' 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.
PAGE .1. OF 5
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 mcor - to 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 CITY agrees_.to pay the ENTITY up to fifty
percent (50 %) of the Project from hotel occupancy tea. funds. Payment will be made within forty-five
(45) days of acceptance of tire complete Post Event gR4ort. Partial or nicomplete reports will not be
accepted. Only expenditures that meet Chapter 3aI of the Tax Code and AGREEMENT shall be
reimbursed..
Section S. Appeal Process. Any - ENTITY wrslmig to appeal the decision `of the CITY must
present their appeal in writing within ten (1Q) business day s =of fiurding denial.
Section 6. Rights. The City of 5e
records of the ENTITY the rosy relate to pi
expenses, has the right to conduct a- ii dit of tl
Section 7.
The
time, to inspect the books or
GENT. The CITY, at its sole
become effective as of the date entered below.
0ective date or once the terms have been met,
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 expense.s�<.for personat 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 A the terms or provisions of this AGREEMENT, or by atiy 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
PAGE 2 of 5
other party fails to comply with a term of the AGREEMENT, including the inability of the ENTI`T`Y 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 party
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:
City of Schertz
Attention: City Manager
1400 Schertz Parkway
Schertz, TX 78154
(210) 619 -1000
To the ENTITY at: [Name
(Attention: ]
[Address: )
[Mai [in g address if dxfferej
[City, State, ZIP]
[Telephone number: ]
parties
Section 12.`
party's governing body
is AGREEMNT constitutes the entire agreement of the
d herein. The parties may not modify or amend this
approved by the governing bodies of each party and duly
s AGREEMENT has been duly and properly approved by each
a binding obligation on each party,
Section 13, AssigmnAt. 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 of 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 lacy.
PAG1.3 OF 5
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 AGREEACNI T, the prevailing party
shall be entitled to recover reasonable attorney's fees from the nonprevailing party, plus aI.l 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. Severabi.lity. The parties agree that j*tue event any provision of this
AGREEMENT is declared invalid by a court of competent juri$4 ..., that part of the AGREEMENT is
severable and the decree shall not affect the remainder of the AGREEMENT. The remainder of the
AGREEMENT shall be in frill force and effect.
Section 18. Venue. The parties agree that ail `disputes that of this AGREEMENT are
governed by the laws of the State of Texas and venuafor alt purposes herewith shall be in Milain County,
Section 19. Certificate of Insuraz
for liability and worker's compensation is
its self - insured status before any event a
insurance herein mentioned to be secured
ENTITY:
IN WITNESS HEItEQFs the
AGREEIvfNT to be effecttue:this
City Secretary
The ENTITY; agrees to provide a certificate of insurance
ice or letter of self - insurance on its letterhead indicating
d franding under this AGREEMENT. The cost of the
mautained -:by fhe ENTITY shall be borne solely by the
E--=T ...make and execute this
29
ENTITY
(`title)
(Title)
PAGE 4 OF 5
EX=IT A
[Describe the project to be performed]
PAGE 5 OF 5