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25-R-127 Main Street Grant-534 Main StreetRESOLUTION 25-R-127 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING APPROVING A REQUEST FOR A SCHERTZ MAIN STREET LOCAL FLAVOR ECONOMIC DEVELOMENT GRANT FOR 534 MAIN STREET. 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; and WHEREAS, the City of Schertz desires to stabilize and improve property values; and WHEREAS, the City of Schertz desires 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, the City of Schertz desires to 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; and WHEREAS, the City Council approved the Schertz Main Street Local Flavor Economic Development Grant; and WHEREAS, staff is in support of this program and recommends approval of the grant request for 534 Main for up to $16,715.15. 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 Local Flavor Economic Development Grant request for 534 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 APPROVED on the 1bu day of 2425. CITY OF SC ER TEXAS Ralp G tierre ayor ATTES l Shei a Edmonds , City Secretary Exhibit "A" Main Street Local Flavor Grant Funding Agreement STATE OF TEXAS § COUNTY OF BEXAR SCHERTZ MAIN STREET LOCAL FLAVOR ECONOMIC DEVELOPMENT PROGRAM FUNDING AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND SUE ANN CHERRINE 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 Sue Ann Cherrine (the "OWNER"). WHEREAS, the OWNER has developed a proposal to make improvements to the HVAC System and Roof to 534 Main (the "Project"); 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 Sue Ann Cherrine (OWNER). NOW, THEREFORE, it is mutually agreed by and between the CITY and OWNER as follows: PAGE 1 OF 5 GENERAL PROVISIONS Section 1. Purpose. The purpose of this Agreement is to provide funding to the OWNER 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 O W N E R . The O W N E R shall use all of the awarded funds provided by the CITY in accordance with Chapter 351 of the Texas Tax Code, the OWNER'S funding application, and the attached Exhibit "A". Section 3. Reporting Requirements of the O W N E R. The O WNNER 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 OWNER'S satisfactory perfomlance and compliance with the terms of this AGREEMENT, the CITY agrees to pay the TENANT up to fifty percent (50%) of the Project. The Project is estimated to be $33,430.13 and fifty percent of which, is capped at $16,715. l 5 and is the total amount of grant money for which the project is eligible. Work within the systems grant category is capped at $15,000 and at $20,000 for facade. Payment(s) 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 OWNER 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 OWNER that may relate to performance of this AGREEMENT. The CITY, at its sole expenses, has the right to conduct an audit of the OWNER 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 OWNER 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 PAGE 2 of 5 OWNER's breach of any of the terms or provisions of this AGREEMENT, or by any negligent act or omission of the OWNER, 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 OWNER 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: Sue Ann Cherrine 534 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. PAGE 3 OF 5 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 OWNER 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 0 W N E R shall be borne solely by the OWNER. IN WITNESS HEREOF, the CITY and ENTITY make and execute this AGREEMENT to be effective this day of _ _ , 2025. CITY OF SCHERTZ, TEXAS City Manager Owner, Sue Ann Chenine PAGE 4 OF 5 ATTEST: City Secretary PAGE 5 OF 5 EXHIBIT A AC and Roof Work Wa Curtis Street Invoice 158169W Call SV,[ 2154 80 lrwoloo Date 6119=5 VCompleted Ds* 9 Customer 130 ��� Payment Tenet Due Upon Reoerpt i.+�e:1tN�Pg fYlOi'tE'. Billing Address Wets Fargo Recall Services financkrg 800 Walntrt Streel Des Moines, IA 50309 USA Desaiptdon of work Job Address &Ws Stitch N' Sew 534 Main Steel Scharr, TX 78154 USA Task Y Description Ouanttly Puke Total DalkinMinlspk This Doiken 24k Mini rspli aystem irKlbdes the kllowksy hems at no eddttior►9i 1.00 $6AW100 $6.300.00 24K coat: • CWken COnxl sing Unit • Dalkon Head • Lineset cover • suptys" Aes.HVAC-dourly Mint spls brackol Repulsled by The Taus 0"xWwnt d ticemrJ V4 141e086M f .O. Box 12157, hulA Taus 78711 i-BG1Y>fOft92Q2, 312.16�6S9B www.tlrr.*W&0vr clears* a TAtX800116WE GVEC Borne Services. Inc. Authorization. 1.00 $396.00 $395,00 Sub -Total $6.695_00 Schefft 0% $0.00 Sr,hW t &25% $212.86 Total Due $6,907.86 Payrnent $0.00 Satanes Due $6,907.86 I authorize GVEC Horne Services. Inc to proceed with the work spiked for $6,907.96.1 am comfortable with the description pprtovided to me by Ricardo Roues 1 have the euVwIty to order the above work and do so order as oWhed above It is agreed that GVEC Home Services. Inc, wW retain lids to any equfppmeM or material furnished until 1Ytai and complete rx is made, and If the sef ement Is rat rimdo as agreed, GVEC Home Setrioes. Inc shall have the dgI t to remove dame and GG Hama Servlcea, Inc. wit be heldharmless lot any damages resulting from the removal thereof. I agree that GVEC Horne Services, Inc contact me by telephone at any lelephone nVAber provided to my account, Including wireless telephone mirnb6m. which coral ro to In charges to me. I can also be contacted by text messages or ernaHs, using any erne$ address t have provided. Methods of contact may include using pre-recorded or artAciW voice mesuges and'or the use of an automatic dialing device, as applicable. G VEC Horse Services, Inc. Acknvorledgrrlerrt: 1 ackrsorwlodge the work scoomplished today by Ricardo Reyes meets and'or exceeds my expectalsons. I furrier acknowledge the work accomplished today Is in Are withwhi st 1 prevlousty awhorimd in the amount of $67 86. PAGE 6 OF 5 900 Curtlss Surest Invoke 156769833 SCttat;;z. TX 78154 Invoice Date VI WM5 can or Tasc1 (000j 33a0ti30 Completed Dale C ustomer PO Payment Term bug Upon Reo*1 Delivering mom BlI ingAddreas Job Address Wells Fargo Retall Smbes Financtrg Sue's Stitch N' Sew am Weln t Street 534 Wn Sheet Des Moines. IA 503D9 USA Schem, TX 78154 USA Deaalption of wont Task 8 Description Ouantlty Price Total Condenser Electrical Tics Is a flat -rate pridnp structure to install an Kdd JwW electical okult io 1.0D $M." 5999.E Greet the oondenskV unit This inciudi* all labor and materials for the electrical installation • 8.203 Copper Pxxm • Specified Two Pole 9rotlkor • Cortdun where exposed to weather owwkltons • installed in acoondanoe wfth 2020 NEC R*gdawd by The Tax" DapartrnaM or Worn rgand RvoAoon P.O. Box 12157. Aistn. T607 78711 1-5ee,e0.1-9202.512.483.5tS89 wwwxflr.spatgbv Sect led Connector LlanM 132M EArnOw are good lor 7 days GVEC Home Services, Inc. Authorization: Sub -Total S999A9 SChertz 0% $0.00 Scheliz IL25% $2z46 Total Due $1,022.45 Payment $0.00 Balance Due S1,022AS I aut none GVEC Home Services, lry— to proceed whh the work spaded br SI A22.45.1 am cofoMW with the deacrfption pprrovided to me by Kant Lorentz I have the authority to order the above work and do so order as oul Ined above. II is aWood that GVEC Home SoMeM Inc wAi retain title to any eqment or material furnished until !hd and complete payment Is made. wW if ft settlement is not made as agreed, GVEC Homo Sorvlces, bc. shalt have the tight to remove same and GVEC House Services, Inc. wil ire held harmless for any damages resulting from file removal thereof. I agtas that GVEC Home Servicas. Inc may oonlact me by telephone at arty telephone number provkiod to my account. Including wireless 19119phov numborr, which could msult in chatgsa to me. I can also be contacted by text messages or emaiis, using airy emal address have provided Methods of contact may i>�de using pre-recorded or anicW voice messages andior ft use of an automatic dialing device, as applicable. GVEC Borne Servicos, Inc_ Acknoabdgnwii: I aclvlowiedge ire work accomplished todaybyKOM Lorentz meets mdcr exceods my expactatlons, I tether acknowledge the work accomplished today Is in Lne with w.4at I previously � ". .r t!* .rmoLw of $1,022.45. PAGE 7 OF 5 /� UTH0Pr 7AT P(,f4 PA 1,F O Good-Tamko $13,500.00 Project: Q Setter - OAKRIDGEO Name: Sue 0 Best - Metal Standing Seam Address: 5che tz 1x Estimator valid for30 days from date of esttmate/A 50% deposit is required Wore any project begins Final Price $25,500.00 Customer Comments / Notes My Product Selections Shingle Color Metal Color Gutter Color Sue Cherrine: sue ann, cri£rnne Date: 8/22/2025 PAGE 8 OF 5