26-R-045 Approving Main Stree Local Flavor Economic Grant 814 Main StRESOLUTION 26-R-045
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 814 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, staff is in support of this program and recommends approval of the grant
request for 533 Main for up to $22,500.00.
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 814 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provision of this Resolution are hereby repealed to the extent of such conflict, and the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 �_ day of ) 12
A119 2026.
CITY OF SCHERTZ, TEXAS
Ral Fi Rodriguez, yor
ATTET:
/I X
I (kv ��ikv
S ila Edmon n, 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 Main
Street Legacy LLC, FOR EXPENDITURE OF LOCAL FLAVOR GRANT FUNDS
This Hotel Tax Funding Agreement (AGREEMENT) is made and entered into by and between
the City of
Schertz, Texas (CITY) and Main Street Legacy LLC, (ENTITY).
WHEREAS, the ENTITY has developed a proposal to
make plumbing improvements at 814 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 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
$45,000.00, the maximum grant is $22,500.00 if the project cost is at least $45,000.00 as the
grant will only be paid up to fifty percent. 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 the Main Street Legacy LLC. at:
Attention: Nick Marquez
534 Mission Hill Run
New Braunfels, Texas 78132
MISCELLANEOU
S
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 , 20
CITY OF SCHERTZ, TEXAS ENTITY
City Manager
ATTEST:
City Secretary (Title)
EXHIBIT " A"
$9,500 Demo Costs - Suite B
$5,375 Electrical Upgrades - Suite B
$5,000 Finish Out ( Painting Labor and Materials ) Suite B
$4,000 - Water Heater Upgrades - Suite A and C
$6,000 AC Upgrades - Suite B
$15,125 restroom Suite B