19-R-101 - Schertz Main Street Local Flavor Economic Development Grant for 602 Main streetRESOLUTION NO. 19 -R -101
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS APPROVING A REQUEST FOR A SCHERTZ MAIN
STREET LOCAL FLAVOR ECONOMIC DEVELOMENT GRANT FOR
602 MAIN STREET IN THE CITY OF SCHERTZ, TEXAS, AND
RELATED MATTERS IN CONNECTION THEREWITH
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, the City of Schertz desires to encourage the attraction of small businesses that will
create local charm and help develop a sense of place in and around Main Street;
WHEREAS, the City of Schertz desires to 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 Schertz Main Street Local Flavor Economic
Development Grant;
WHEREAS, staff is in support of this program and recommended approval of the grant request
for 602 Main Street for up to $15,000;
NOW THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
Section 1. The City Council hereby approves the Schertz Main Street Local Flavor
Economic Development Grant request for 602 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 13th day of August, 2019.
CITY OFYERTZ, TEXAS
R Carpenter, Mayor
ATTEST:
STATE OF TEXAS §
COUNTY OF BEXAR §
SCHERTZ MAIN STREET LOCAL FLAVOR ECONOMIC DEVELOPMENT PROGRAM
FUNDING AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND _
Francisco and Belia Camarena, FOR EXPENDITURE OF LOCAL FLAVOR GRANT
FUNDS
This Local Flavor Development Program Funding Agreement (AGREEMENT) is made and entered into by
and between the City of
Schertz, Texas (CITY) and Francisco and Belia Camarena, (ENTITY).
WHEREAS, the ENTITY has developed a proposal to
Make additional improvements and repairs, includinc an ice maker and repairs related to insulation. air
conditionin-a 602 Main (the "Pro i ect ; and
WHEREAS, Section 380.001 of the Texas Local Government Code, as amended, allows the
governing body of a municipality to establish and provide for the administration of one or more
programs to promote state and local economic development and to stimulate business and
commercial activity in the municipality; and
WHEREAS, the Schertz Main Street Local Flavor Economic Development Program is
intended to encourage and expansion and attract small businesses that create local charm and help
develop a sense of place in and around Main Street, promote commercial development, stabilize and
improve property values, foster civic pride, and protect and enhance the attractiveness of the Main
Street area to residents and visitors; and
WHEREAS, funding for the Schertz Main Street Local Flavor Economic Development
Program will be provided annually through the City's General Fund; and
WHEREAS, the Schertz Main Street Local Flavor Economic Development Program will
enhance other city efforts to improve, beautify, and promote economic development in the Main
Street area.
WHEREAS, the area around Main Street in Schertz once served as commercial and social hub of
the community; and
WHEREAS, the City seeks to improve the image of the area around Main Street through
restoration and rehabilitation of structures in the Main Street area to serve as a commercial, social, cultural
and tourism hub of the City; and
WHEREAS, the City Council of the City of Schertz desires to provide funds to Main Street Legacy
LLC (ENTITY).
NOW, THEREFORE, it is mutually 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 promote state and
local economic development and to stimulate business and commercial activity in the municipality to
encourage and expansion and attract small businesses that create local charm and help develop a sense of
place in and around Main Street, promote commercial development, stabilize and improve property values,
foster civic pride, and protect and enhance the attractiveness of the Main Street area to residents and visitors.
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 CITY agrees to pay the ENTITY up to fifty percent
(50 %) of the Project. The Project is estimated to be approximately $30,000.00 and fifty percent of which,
is 15,000.00. Of that $15,000.00 up to $2,500.00, is for an ice maker with a cost of $5,000.00. The remaining
$12,500.00 in match, for a project of at least $25,000.00 would be for insulation and air conditioning and
associated work. Payment will be made within forty -five (45) days of acceptance of the complete Post
Event Report. Partial or incomplete reports will not be accepted. Only expenditures that meet Chapter 351
of the Tax Code and this AGREEMENT shall be reimbursed.
Section 5. Appeal Process. Any ENTITY wishing to appeal the decision of the CITY must present
their appeal in writing within ten (10) business days of funding denial.
Section 6. Rights. The City of Schertz has the right, at any time, to inspect the books or
records of the ENTITY that may relate to performance of this AGREEMENT. The CITY, at its sole
expenses, has the right to conduct an audit of the ENTITY or Project.
Section 7. Term. The AGREEMENT 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,
whichever 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
other party 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 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:
to the CITY at:
City of Schertz
Attention: City Manager
1400 Schertz Parkway
Schertz, TX 78154
(210) 619 -1000
To Francisco and Belia Camarena at:
Attention: Francisco Camarena
602 Main
Schertz, Texas 78154
MISCELLANEOUS
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 both parties.
Section 12. 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.
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 party, 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 in the event any provision of this
AGREEMENT is declared invalid by a court of competent jurisdiction 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 full force and effect.
Section 18. Venue. The parties agree that all disputes that arise 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 HEREOF, the CITY and ENTITY make and execute this
AGREEMENT to be effective this day of , 2019.
CITY OF SCHERTZ, TEXAS ENTITY
City Manager
ATTEST
(Title)
Q.eL S �
(;it,y Secretary (Title)
EXHIBIT A
[Describe the project to be performed]
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