23-R-117 Main Street Local Flavor Economic Grant 415 MainRESOLUTION NO.23-R-117
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
415 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 415 Main Street for up to $14,192.50.
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 415 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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. I,,�
PASSED AND ADOPTED, this __h day of��023.
CITY OF SCHERTZ, TEXAS
Ae—
Rtf)p Guti ez, Mayor
ATTEST:
6/ 9 01-- J* 4 �
Sheila Edmondson, City Secretary
Exhibit A
STATE OF TEXAS
COUNTY OF BEXAR
SCHERTZ MAIN STREET LOCAL FLAVOR ECONOMIC DEVELOPMENT PROGRAM
FUNDING AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND
Jagdish Kapadia 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 Jagdish Kapadia, (ENTITY).
WHEREAS, the ENTITY has developed a proposal to
Make improvements to the roof and signaee of 415 Main i the "Pro'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 Jagdish Kapadia
(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 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' 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' 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 $14,192.50 total and fifty percent of
which, is capped at $9, l 92.50 for work to the roof falling within the criteria for a facade improvement grant
and up to 50%, not to exceed $5,000, for signage consistent with the image attached in Exhibit A.
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 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
PAGE 2 OF 5
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: Jagdish Kapadia
Attention: Zain Kapadia
415 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 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 , 2023.
CITY OF SCHERTZ, TEXAS ENTITY
City Manager
PAGE 4 of 5
ATTEST:
City Secretary
PAGE 5 OF 5
EXHIBIT A
Roof and Signage Work
PAGE 6 of 5
We can help you with
Roofing and Gutters
Residential & Commercial
40 Info@RhinoRoofers.com
(210) 361-7663
�:a n
r 1 ! r��! •'• ' L 1
TPQ Recover - specific to the area in red.
3,047 ft.2 = 30 sq
(100 ft 2 = 1 sq)
k.
Wood work to include, capping off the front canopy fascia on
the storefront, currently missing (damaged). This proposed
woodwork, will leave the front canopy ready for stucco,
including synthetic underlayment for weather protection,.
(Stucco is not included)
� � �...,. mar• -
_ ,�r..
Before
After
The Plant Shoppe
3020 N. St. Mary's
San ANtonio, Tx 78202
RHINO
VERSIW ELDO TPO?
+,
r
Cleaner Surface
Long-term Energy Efficiency in
Warm, Southern Climates
Greater Weather Resistance
u J..Improved
Long-term Performance
Excellent Heat and UV Resistance
'h Industry Leading
f llvi Weathering Package
hatifer-11d At-lach(d $Vskml
Mecharilcaliy Attached Systems require mechanical
attOMMarif of the insvlorran To the d-acir and
rrPchanicai attachfrienT of the membra: e within
the warn area Adjoming mernorane sneer are
overlonDed and jzined together b'v not -ail weldr.rg.
Fully Adhered Systems require mechanical or
adheslv2 ai achrnent of the insutahon to the roof
deck The TPO membrane and substrate are then
coated vnth banding adhesive and the mamhrare is
rated into place and seams era then hot-air v.'aided
The Tests
TPO membrane samples from four mantfactu ars.
includng Versico- were recently subjected to
aecels7ded heat ag'rg in a contro{led 240T,
envircnnTeni Heat aging accelerates the impract tti at
hsai play: on TPO and evolrates its pErhrmance on the
roof Sar 4Aes; wn *.e rerroved when they showed s'igrL�
of cracking or were deemea not suitable to perfarn
as a waferpToofang raern rarre Extreme Xenon Arc
Weatharometer testing also rovaaL that VersilVald TPO
can withstand twice the ASTM D5878 regLberriwnt of
10,050 kJlrn' withoul losing its desired physical properties.
The Results
hndeperdent test results and a chemical analysis
show tt:7t VersiWeld TPO with OctoGuard XT contai!es
more weother-protecting ingredients than any other
TPO membrane tested, which means Versco"sTPO
o mA.,Jes superior long-tarm profecticn agairnst the
danger of heat and UV exposure.
With Versico"s Vera Weld i PO, featuring OctaGuord M
wearhering package. you; gel a whiter, cleaner
and mcre energy -efficient, Ian ;er-lasting and
vaeather•resistant TPO roofi.-g sysiarr• Ver-Aco's
VeiS�iJ�Id TPO with OctaOuard XT weather."rig
package te,hnology has set a new standard in the
tiiermap4ashc sirnala-ply' industry,
Vtf 71ONS
*W.
r
W CRSIC(D
VERSICO
MEMBRANE MATERIAL WARRANTY ROOFING SYSTEMS
DATE OF ISSUE:
WARRANTY NO.:
NAME OF BUILDING:
BUILDING ADDRESS:
Subject to the following terms and conditions, Versico, a division of Carlisle Construction Materials Incorporated (VERSICO)
warrants to the Buyer that the membrane material (MEMBRANE) sold to the Buyer will be free from manufacturing defects at
the time of its delivery to the job site.
If upon inspection by Versico, the membrane evidences manufacturing defects, Versico's lip' _y and Bu"r's remedies are
limited, at Versico's option, to the repair or replacement of the defective membrane at the j.B. point' .te original contract
of sale.
Versico further warrants that the Membrane material will not prematurely deteriorate to the poin► ' tilure F .use of
weathering for a period of --years from the date of sale if properly installed, '+intained and used ft,. pose for which
Versico intended.
Buyer shall give Versico notice of a claim under this warranty witV day, iiscov- g the premature deterioration
of the Membrane.
If upon inspection by Versico, the Membrane shows premature �. -tora` . because of weathering within the -- year period
stated herein, Versico's liability and Buyer's remedies, -tited a, co's option to the providing of repair material for the
original Membrane or credit to be applied towards the p of a nL 'tembrane, the value of these remedies being
determined by Versico based upon the number of remaim n, '•s of th. Q*red warranty used to prorate at the current
prices for the Membrane. The maximum pre-,ted value all. ed t,- '-�rsico or repair or credit shall not exceed the original
Membrane purchase price.
This warranty refers to the membrane material o. Flashi.., iesives and other accessories contained in a membrane
system are not covered by this 1- -•*v.
Versico shall not be responsible h he clea, - discoloration of the membrane material caused by environmental
conditions including, but not limite 1, 0' pollutw.., or biological agents.
NO REPRESS* iFIVE OF VERSIk HAS AUTHORITY TO MAKE ANY REPRESENTATIONS OR PROMISES
EXCEPT AS ` ATED HFr
THERE ARE N%.... ,&RANTIEF ITHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND F' ESS FOR A PARTICULAR PURPOSE, WHICH EXTEND BEYOND THE
WARRANTIES CON' - N THIS DOCUMENT. VERSICO SHALL NOT BE LIABLE FOR ANY INCIDENTAL,
CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR DAMAGES
TO THE STRUCTURE OR ITS CONTENTS ARISING UNDER ANY THEORY OF LAW WHATSOEVER.
BY: James Heisey
AUTHORIZED SIGNATURE
TITLE: Director of Sales
VSW_20 Rev 04/14 1 0{1
P.O. Box 1289 Carlisle, PA 17013 toll tree / 800.233.0551 tax 1717.245.7121 www.verslco.com
BUILDING VALUE
October 6, 2023
Rhino Roofers LLC
4949 N. LOOP 1604 W. SUITE 250
SAN ANTONIO, TX 78249
US
Project: Kapadia
To Whom It May Concern:
This letter is to confirm that Rhino Roofers LLC in SAN ANTONIO, TX is a Versico Authorized
Contractor.
If you should have any further questions, please feel free to contact me.
Sincerely,
Kellen Zawadzki
P.O. Box 1289 Carlisie. PA 17013 toll free / 800.992.7663 www.versico.com
Description
TPO Recover (30.47 squares)
Prep safe worksight. Provide all required safety equiptment (le, Perimiter flags, tie offs, Safety cables, etc) Also provide trash
removal and sight clean up.
Mechanically attatch .25" Fanfold coverboard (Rvalue=2.5) to wood deck substrate.
Versico 60 mil, TPO (Thermoplastic Polyolefin) Total Roofing system. Mechanically astened, heat welded seams, Attached to .25"
fan fold.
Install all Versico brand accesories, (edge metal, curb flashing & term bars) needed per manufacturers specs
20 year Manufacturers Membrane Warranty Registered w/ Versico
This proposal includes replacing all decking necessary, to properly fasten the TPO membrane. (In compliance w/manufacturer
(Versico) specification.)
Woodwork to repair the storefront canopy, to origional substrait condition, where the canopy sign once stood. Make ready stucco.
(Stucco not included) aprx 200 ft.2
5 year labor & workmanship warranty, provided by Rhino Roofers. LLC
Proposal includes all labor, material, warranty, permits & tax
Quote subtotal $18,385.00
Total $18,385.00
-Re-roof proposal only, no building structure work to be done
-Projected start date is 2-3 weeks from signing. (If not sooner)
-The duration of project shall be no more than 5 business days, from commencement. Weather
permitting.
-The finished roof color will be bright white.
-TPO Membrane is Energy star rated, with IN reflectivity classified as a "Cool Roof"
-The fanfold used as TPO cover -board, will have an R-value=2.5
(Rvalue=Insulation factor, will be 2.5 in addition to current.)
New TPO Roofing System $18,385.00 Project: 15495763592
Name: Zain Kapadia
Address: 415 Main St., Schertz, TX
Estimates valid for 30 days from date of estimate / A 25% deposit is required before any project begins.
Customer Comments / Notes
Zain Kapadia:
My Product Selections
TPO Membrane Color
Bright (Polar) White
Date:
Exclusions:
By signing this form, I agree to and confirm the following. I certify that 1 am the registered owner of the above project property or have legal permission
to authorize the work as stated. I agree to pay the total project price and understand that this work will be completed in accordance with industry best
practices.
m
m
C
n
m U]
U
�(7)�
�cncn
_n --i
D
n `
W O #
CD
7 N
C1 C
� Cb
ro
R.
Cr.
O
y N
7
3 0 -
X
_3 N
--1 w 00
X N yx
JO W OD
N CD A
O lJt
m Oo
a v ❑ LA
_jE-
D G1
N 0 Z
A
'a C
m �7
o
D
Ln
3, In
N
+ na o
aQ D
ttm �
3
m
E (.n W
O
m
no ❑
o
a o
b� m
n
-4
To rn
3�
aO
N ❑
A m m
M� <
-no m
n O
o; m
ca
co C
v 0�
a
R
T
o- C, n
_ oCL
{
c rro
3
n c
M °
< d 6
;.
� cr
rrD
mID �
In Q N
i
O
m v
X
1 !
Cn 3-
o =°+
r
La
O O Cu
7 n
M rt In
M N
p. fD
Q
r)
0
r�P Z
o 0
O m 0
N PP
0 p� R
N 0 3
W 0