25-R-078 Main Street Grant-420 CurtissRESOLUTION 25-R-078
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS APPROVING A REQUEST FOR A SCHERTZ MAIN STREET
AREA PRESERVATION INCENTIVE GRANT FOR 420 CURTISS
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, adequate funding through grant programs can stabilize and improve property
values; and
WHEREAS, investment in historic neighborhoods serves to 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, maintaining the state of repair of historic structures strengthens 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; and
WHEREAS, the City Council approved the Historical Incentive Program for Main Street;
and
WHEREAS, the Schertz Historic Preservation Committee is in support of this program and
recommended approval of the grant request 420 Curtiss for up to $20,000 at their May 28, 2025
meeting.
NOW THEREFORE, BE IT RESOLVED BY 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 420 Curtiss Exchange up to TWENTY THOUSAND
DOLLARS ($20,000.00) subject to the approved criteria of the program and execution of a
funding agreement 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provision of this Resolution are hereby repealed to the extent of such conflict, and the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, thi _E— — day of)'��2025.
CITY OF SCE `RTZ, TEXAS
Ralp tierr Mayor
ATT T
Sheila Edmondson, City Secretary
2
Exhibit "A"
Main Street Preservation Grant 420 Curtiss
.STATE OF TEXAS
COUNTY OF BEXAR
HOTEL TAX FUNDING AGREEMENT BETWEEN THE CITY OF SCHERTZ,
TEXAS AND Sarah Hewell 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 Sarah Hewell, (ENTITY).
WHEREAS, the ENTITY has developed a proposal to
reolace the roof at 420 Curtiss [the 'Tto cf ); and
WHEREAS, the City collects Hotel Occupancy Taxes; and
WHEREAS, Hotel Occupancy Taxes may be used only to promote tourism and the convention and
hotel industry as limited by the specific purposes as provided for in Texas Tax Code Section 351.101; 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 improve the image of the area around Main Street through historic
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, 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 improve existing properties and businesses within this area.,- and
WHEREAS, the City Council hereby finds and determines that the Project to be funded herein
promotes tourism and the convention and hotel industry through historical restoration and preservation;
and
WHEREAS, the City Council of the City of Schertz desires to provide Hotel Occupancy Tax
revenues to the Sarah Hewell (ENTITY).
NOW, THEREFORE, it is mutually agreed by and between the CITY and ENTITY as follows:
PAGE 1 of 5
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 and 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.
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, but not to exceed $20,000.00, which is estimated to cost a total of $$42,963.60
from hotel occupancy tax funds. 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 hamiless 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
ENT TTY's breach of any of the terms or provisions of this AGREEMENT, or by any negligent act or
PAce2of5
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 the ENTITY at: Sarah Heweli
420 Curtiss
Schertz, Tx, 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
PAGE 3 OF 5
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 aright 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 ofthis 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 _ _ , 2025.
CITY OF SCHERTZ, TEXAS ENTITY
City Manager
Sarah Hewell
PAGE 4 OF 5
ATTEST:
City Secretary
PAGE 5 OF 5
EXHIBIT
44A"
PAGE 6 OF 5
Exhibit "A" continued
Hometown Ranting and Restoration
Our tart is focused on estimating proiccu accurately, installing our roofs with the highest standard of quality and
safety, anddelivering with the most professional service_ We believe you deserve peace of mind wlicn repairing or re,
roofing your homy or building. We are committed to delivering on all of our promises and are driven by dcdicanom
transparency, and profcs>iunalism.
Client: COURT HEWELL
Property: 420 CURTISS AVE
SCHERTZ. TX 78154•1808
Operator. JOHNV3
Estimator. John Vogt
Company: Hometown Roofing and Restoration
Business: 6200 UTSA Blvd
San Antonio, Tx 78349
T%TX of Estimate;
Date Entered: 330,2025 pate Assigned:
Price List: TXSABX_A. AR25
Labor Efficiency: Rcstoration&nicc1Rcmodcl
Estimate: 420CURTISS
Businc%s; (830) 428.2820
E-mail: ofrlma'ihomcto%xnroofmgtx.
corn
PAGE 7 of 5
Hometown Roofing and Restoration
out wAnx a rVeuwd ixs inssalting au rwfe with dw his]" %a�rd of quabty"
safcty. And dcliwri" with for most pmrowitm4al i mict. Wt 6r#i w you dewms: pmx ufmirA +vb.}a tgxwwj ut m-
10ofm y ow WMA: w l oilCiinR. Wo at , Commined to drtiti Cnag un :dI of uu; p4tffu c� Im We drum by deditgum,
[t;attfow$. Otto prore*w4iaiam.
Dw%ef title Rant
DLL-R1PTI01 QTT RIVNI(wE RXFI.:4S'E: TAX OKIP TOTAL
4. Tear t E1; #saui a 'c is}gxc of vruod
;;0.54 so
75.30
Coot!
4 Dti
459.94
2.7-M fJ
3. Ro4+fiug kii • 30 #b
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01M
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`65.70
1.594 I5
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055
7,13
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4x?L46
2S92S.74
A
109.40 L1°
2.0I
5,01
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13936
Ij.% 17
a. R1CR %'&Ury IzwuT
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624
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54i.44
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9-T2
18103
3.9$
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192.01
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#8? 73
led afibmtjon ttni4
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lt;.tlo 1IR
(10)
65IC
10.4.26
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24."rutapw%#ussl«A;vd%,20t-d%.
1.130E,A
MI-15
OW
400
1,34.06
S'_il
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OW
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ate invoice f om # # mm-*,,o Rouknr. & Ae+u}rauam
Tvtnfi: Dw ## ft R%K f 906.39 n V`•a.66 41.%1.70
E levatiaa
t}i wRIPTION QTV HI':huwr Rkt'i.AII TAX tl&P TOM
16. Rd:k Cmu's'dde'w#hNt=• 12.60 Lf 4.i3 0..%'3 A.W 23M 1U.44
bti:Rlilflffin + ilr+ tC ?`
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• staiulsug damp tt m
42i3EURT€SS :I31:2t#2S
PAGE 8 OF 5
itometoun Roofing and Restoration
Ow scam is tocfA ed m cmmWittg pmievu vcmatel}, suz1finy ow rwfs %A stye tttstsu standard ofq-liq asset
ssfet}. uW delivming nit$ the ns eapcafcss&snai &eve kv. We be-lies-e )ou drs..%c pm m afraim c h,* r"ifwp m r,-
rwrmg ywt bent err bttilding. Wc we epmmitied to Mikc"ng on utt arow pm(aisrs OW wr 4r;Yw is d,,&,ulhA4
tsawhpumw). ampraft"eoiwism.
CO TlNWED - L-vall"
Llisd'RIPTtq\
Qn,
RENtO E
REMACK'
rrX
04-r
TOTAL
400
Carpen
MSt;RIMON
QTY
ti>;httl V
REPLACE
TAX
O&P
TOI Al.
it RScAttxf sa}S.rerRtitr>vtsag SsMLF
2.03
514
12.20
?ito
44'?,31
:' iiws debris •per P+cfwp lcait
0.25 L A
LH2.0
0 0)
#.LSO
444
.4's i
m tud g derwp fix*
[Abor :Waimttms AppUvd
MSE:RIPi ON QTV KEAILIA'E
17 04url,%bcyc=zm= LOU LA OA0
REPLACE TAN O&P TOTAL
253.69 000 :tf1.74 3g# 43
TaWf.; LAbm.%hwti %mu.!l'f'l" 0,00 Yi..A 304A3
List Itrrs TwtAr,; 424MUTISS 92239 71143.W 42 WAG
PAGE 9 OF 5