24-R-72 Main Street Local Flavor Grant- 513 and 817 Main StreetRESOLUTION 24-R-72
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS APPROVING REQUESTS FOR SCHERTZ
MAIN STREET LOCAL FLAVOR ECONOMIC DEVELOPMENT
GRANTS FOR 513 AND 817 MAIN STREET IN THE CITY OF
SCHERTZ, TEXAS, AND RELATED MATTERS IN
CONNECTION THERE\VITH
WHEREAS, The City of Schertz desires to protect, enhance, and preserve the historic
resources and landmarks which represent distinctive elements of Schertz' hist01ic, architectural,
economic, cultural, and social heritage by providing property owners and incentive for
protecting their property; and
\VHEREAS, 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 St.n~et 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 recommended approval of the grant
request for 513 Main Street for up to $ 15,000.00 and for 817 Main Street for up to $500.00.
NOW THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS THAT:
Section I . The City Council hereby approves the Schertz Main Street Local Flavor
Economic Development Grant request for 513 and 817 Main Street subject to the
approved criteria of the program and execution of a funding agreement generally as
outlined in Exhibits "A" and "B".
Sect.ion 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. Aii resol utions, or parts thereof, w hich are in con flict or incons istent with any
provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of thi s 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 o f this R esoluti on or the application th ereof to any pers on or
circumstance sh all be held to be invalid, the remainder of this Resolution and the
application of such provision to other persons and circumstances shall nev ertheless 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, detennined, 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 C hapter 551, Tex as 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 Oi J day of ~·
CITY OF SCHERTZ , TEXAS
Exhibit A
513 Main Street
STATE OF TEXAS
COUNTY OF BEXAR
SCHERTZ MAIN STREET LOCAL FLAVOR ECONOMIC DEVELOPMENT PROGRAM
FUNDING AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND
Longoria Ministries, Inc. 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 Longoria Ministries. Inc., (ENTITY).
WHEREAS, the ENTITY has developed a proposal to
Make AC repairs to 513 Main (the "Pro ject"); 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 stjmulate 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 ehann 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 Fw1d; 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 Jason Contreras
(ENTITY).
NOW, TIIEREFORE, it is mutually agreed by and between the CITY and ENTITY as follows:
PAGE 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 11 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 ofthe Main Street area to residents and visitors.
Section 2. Obligation of the ENTITY. The ENTITY shall use all of the awarded fimds 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 CJTY sha11 not muke 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 tem1s of this AGREEMENT, the CITY agrees to pay the ENTITY up to fifty percent
(50%) of the Project. TI1e Project is estimated to be approximately $56,000.00 and fifty percent of which,
is capped al $15,000.00 for work falling witJtin the criteria for a Systems improvement grant. Payment(s)
will be made within fo1iy-five (45) days of acceptance of the complete Post Event Rep01t. Partial or
incomplete reports will not be accepted. Only expendirures 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 perfom1ance of this AGREEMENT. The CITY, at its sole expenses, has the
right to conduct an audit of the ENTITY or Project.
Section 7. Tenn. The AGREEMENT shall become effective as of the date entered below. The
AGREEMENT shall tenninate one year from its effective date or once the tenns have been met, whichever
occurs first.
Section 8. Indemnification. The ENTITY agrees t.o 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 ham1 for which recovery of
damages is sought, suffered by any person or persons, that may arise out of or be occasioned by the
ENTJTY's breach of any of the tenns or provisions of this AGREEMEN'l~ or by any negligent act or
omission of the ENTITY, its officers, agents, servants, employees, contractors, or subcontractors, in the
perfonnance ofthis AGRl::n:::MENT; except that the indemnity provided for in this paragraph shall not apply
PAGE2 OF 5
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. TI1e 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
docs not assign any responsibility for dvil liability to the City of Schertz that may arise by virtue of this
AGREEMENT.
Section 9. Termination. A patty 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 confon-n
to any change required by federal, state or local laws or regulations; or for the convenience of either party.
The te1minating party shall provide written notification to the other party of the decision to tenuinate this
AGREEMENT within thirty (30) days before the effective date of tennination. A party may tenninate the
AGREEMENT for breach of any provision of this AGREEMENI~ 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.
Sec..1ion I 0. Notice. All notices required or permitted under this A GREEM ENT shall be in writing
and shall be delivered in person or mailed as follows:
to the CITY at:
City of Sche1tz
Attention: City Manager
1400 Sche11z Parkway
Schertz, TX 78154
(210) 619-1000
To: Longoria Ministries, Inc.
Attention: Steve Longoria
281 W. San Antonio St.
:M:arionTexas78124
MISCELLANEOUS
Section I I . Entire Agreement. This AGREEMENT constitutes the entire agreement of the parties
regarding the subject matter contained herein. The patties may not modify or amend this A GREEM ENT,
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 perfonnance 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 docs not
preclude the exercise of another right or remedy. Rights and remedies under this AGREEMENT are
cumulati vc and are nol exclusive of other rights or remedies provided by law.
Section 15. Paragraph Headings. The various paragraph headings are insert.ed 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 conceming this AGREEMENT, the prevailing party shall
be entitled to recover reasonable attorney's fees from the nonprevailing party, plus alJ 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 of the AGREEMENT is severable and the
decree sha11 not affect the remainder of the AGREEMENT. The remainder of t11e AGREEMENT shall be
in fulJ force and cff ect..
Section 18. Venue. The pa1ties agree that all disputes that arise of this AGREEMENT arc governed
by the laws of ll1e 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 w1der this AGREEMENT. The cost of the insurance herein
mentioned to be secured and maintained by the ENTITY shall be borne solely by lhe ENTITY.
IN WITNESS HEREOF, the CITY and ENTITY make and execute this AGREEMENT to he
effective this day o 2024.
CITY OF SCHERTZ, TEXAS ENTITY
City Manager Steve Longoria
ATTEST.
.PAGE4 Of 5
City Secretary
PAGE 5 OF 5
EXHIBIT A
AC Replacement Estimate
PAGE6 Of 5
SO Number: 17608066 iW(M;;,:1 10
~·l<U~~·~-.U~lll
-·--~-
Your Comfort Designs
3535 Metro Pkwy, San Antonio, TX 78247-3541
License# TACLAOI 881 OE R. Hoffart, MPL41408 Shaun Neidig, TECL28671 Date 06/21/24 Est. Expiration
07/21/24
(210) 333-3300
Customer Information
CITY A
513 MAIN ST
SCH ERTZ, Texas, 78154
Main System
Created
Date
stevelongorial 9@gmai1.com
___ ,.·5 STAR ELITE
Canier Perfonnance -3.0 TON Up To 17 SEER2 HP split sys -2-stg Cond & Var Biwr
VarBlwr
• Performance 17 Heat Pump
• Performance Fan Coil
• Thennostat -Nest Leaming
Subtotal
Promotions and Rebates
Sales Tax
Down Payment
$19,748.00
$0.00
$0.00
$0.00
Unless otherwise noted, all wananties are from lhe manufacturer. Reliigeranl recovere<I and disposed of as required by law. Compktc up including ust: of floor
sav~n; 10 pro1.cc1 your home and removal of e.xisling e-quirmenl. All work completed is done in accordance with existing codes and permits as n:quin:d.
Loans pmvided hy GoodLcap, on approved erodit, for a limitod time. Estimatod momhly payments hased on 1 I. 99% fixed APR loans. Repayment terms
va1y frolll 60 to 180 months. Otht:r Jinanci.ng options ni.ay be available.
SO Nwnber: 17608066 1of6 Will Fix It
2022 American Residootial S'-''Jvic~s. LLC
SO Number: 17608066
Your Comfort Designs
3535 Metro Pkwy, San Antonio, TX 78247-3541
License# TACLA01 881 OE R. Hoffart, MPL41408 Shaun Neidig, TECL28671 Date 06/21/24 Est. Expiration
07/21/24
(210) 333-3300
Total $19,748.00
Tenns GoodLeap 5 Yr Prin & Int - l I . 99%
Estimated Monthly Payment* $438.41
Customer Information
CITY A
513 MAlN ST
SCHERTZ, Texas, 781 54
Main System
5STAR
@
Created
Date
stevelongoria I 9@gmail.com
Canier Performance -3.0 TON Up To 17 SEER2 HP split sys -2-Stg Cond & Var Blwr
VarBlwr
Unless otherwise noted, all wauauties are from the manufacturer. Refrigerant 1ecovered and disposed of as •~quired by law. 0)mJ)lete up including use of floor
savers to prot~ct your home an.d removal of exisfo1g equipment. Alt work completed i~ done in acc1.1Tdarn.:e wilh ex isling code." and pennits as rcquin:d.
Loans provided by Goodleap, on approved crtxlit, for a limit<.)d tim.i. f.stimalod monthly payment.~ bas..:d on 1 1.99% fixed APR lo.ans. Rcpaym~ll1 terms
vary from 60 to 180 months. Other financing options may be available.
SO Number: 17608066 2of6 Will Fix It
2022 Am~n~au R<>idential SeJVices, LLC
SO Number: 17608066 e z ~ 11tbflm
~.......,..~·•U'.c'f'llCM ... CJC.ommil
---~--
Your Comfort Designs ARS
3535 Metro Pkwy, San Antonio, TX 78247-3541
License# TACLAOT 881 OE R. Hoffart, MPL41408 Shaun Neidig, TECL28671 Date 06/21/24 Est. Expiration
07/2l/24
(210) 333-3300
• Perfonnance 17 Heat Pump
• Perfonnance Fan Coil
• Thennostat -Nest Learning
Subtotal
Promotions and Rebates
Sales Tax
Down Payment
Total
$19,748.00
$0.00
$0.00
$0.00
$19,748.00
Terms GoodLeap 5 Yr Prin & Int -11.99%
Estimated Monthly Payment* $438.41
clean
0
Created
UnJe-ss otherwise noted, all wammties i1re from lhe manufaclurer. Re.liigt:-nmt recoven:d aod dispos~.t of as n:quired by law. Complete up including use of floor
savers to protect your home and removal of .::xisliog equipment. /\II work compleled is done in accordan•;e. with existing cod('S and permits as requin:d.
Loans pmvid.:d hy Gc>odLt>.ap, Ctn approved credit, for a limited time. Estimate.cl monthly paymenL~ hascd on 1 1.99% fixoo APR loans. Repayme.nl lenns
va1y from 60 to 180 month:;. Other fmaucing options may be availablt:.
SO Number: 17608066 rnf6 Will Fix It
2022 American Rc~id~o~ial s~.,.vic~s, LLC
SO Number: I 7608066 i1 111 ~Jiii.'f 10
.. .-•• u.1111110-c:l)Ol ... ·~CM. .... ..._
---.P-
Your Comfort Designs /\RS
3535 Metro Pkwy, San Antonio, TX 78247-3541
License# TACLAOI 881 OE R. Hoffart, MPL41408 Shaun Neidig, TECL28671 Date 06/21/24 Est. Expiration
07/21/24
(210) 333-3300
Customer lnfonnation
CITY A
513 MAIN ST
SCHERTZ, Texas, 78·154
Main System
Date
stevelongoria l 9@gmaiI.com
4STAR
Carrier Comfort-3.0 TON Up To 15.2 SEER2 HP Split Sys -1-stg Cond
• Comfoit 15 Heat Pump
Comfort Fan Coil
• Thermostat -Nest Leaming
Subtotal
Promotions and Rebates
Sales Tax
Down Payment
$17,404.00
$0.00
$0.00
$0.00
Un.le&~ otherwise noted, aU warranties are from the manufacturer. Refrigerant recovered and di~posed of as required hy law. C,omplete up including use of floor
savers to prot~ct your home and removal of existing c:x111ipment. All work completed is done in accordance with existing codes and penuits as rc:-quireJ.
Loans provided by GoodLeap, 011 approved credit, for a limited time. Estimated monthly payments based on J 1.99% fixed APR loons. Repaymenl terms
va1y from 60 to 180 months. Othe:r financing options may be available.
SO Number: 17608066 40f6 Will Fix It
2022 American Reside11ti;1l S•rvi..:•s, LLC
SO Number: 17608066
Your Comfort Designs A1Ui
3535 Metro Pkwy, San Antonio, TX 78247-3541
License # TACLAOI 88 1 OE R . Hoffart, MPL41408 Shaun Neidig, TECL2867 1 Date 06/21124 Est. Expiration
07/21/24
(210) 333-3300
Total $17,404.00
Tenns Goo<lLeap 5 Yr Prin & Int -11.99%
Estimated Monthly Payment* $386.37
dean
Unless otherwise noted, all wam111ties are .from tht' manufacturer. Refrigerant rocovered and di spost'tl of as re4uiroo by law. C'.omplete up inc luding use of lloor
s.avers to prolect your homL' and removal nf !!-xi sting eguipment. All work completed is done in accordanc~ wich existing codes and poormits a~ required.
Loans pmvided by GoodLeap, on approved crc<lil, for a limited time. Estilnated monthly payment$ ha~d oii 1 1.99% fixed APR Joans. Repayment terms
vary fmm 60 1.v J liO mo111.h:>. 01her financing options may be availahfo.
SO Number: 17608066 rnf6 Will Fix It
2022 Am;,ricun R..sidcntial Service,;, LLC
Exhibit "B 11
817 Main Street
STATE OF TEXAS
COUNTY OF BEXAR
SCHERTZ MAIN STREET LOCAL FLAVOR ECONOMIC DEVELOPMENT PROGRAM
FUNDING AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND Jason
Contreras FOR EXPENDITURE OF LOCAL FLAVOR GRANT FUNDS
This Local Flavor Devdopment Progrnm Funding Agreement (AGREEMENT) is made and entered into
by and between the City of Schertz, Texas (CITY) and Jason Contreras (ENTITY).
WHEREAS, the ENTITY has developed a proposal to
Make strucrural re pairs to 8 l 7 Main (the "Project''): and
WHEREAS, Section 380.001 oft.he 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 Prog•am 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 Sche1tz Main Street Local Flavor Economic Development Program will
enhance other city effo11s to improve, beautify, and promote economic development in the Main
Street area.
WHEREAS, the area arotmd Main Street in Schertz once served as cotmnercial 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 stmctmes in the Main Street area to serve as a commercial, social, cultural
and tourism hub of the Cjty; and
WHEREAS, the City Council of the City of Schertz desires to provide funds to Jason Contreras
(ENTITY).
NOW, THEREFORE, it is mutually agreed by and between the CITY and ENTITY as follows:
PAGE] OF 5
GENERAL PROVISIONS
Section I. 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 chann and heJp develop a sense of
place in and around Main Street, promote commercial development, stabilize and improve prope11y 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 Exhibil "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 Repo1t"). 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. ParLial or incomplete reports will not be accepted.
Section 4. Authorization of Payment Subject to the ENTITY'S satisfacto1y perfonnance 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 $1 ,000.00 and fifty percent of which, is
capped at $500.00 for work falling within the criteria for a facade improvement grant. Payment(s) will be
made within forty-five (45) days of acceptance of the complete Post Event Report. Partial or incomplete
repo11s will not be accepted. Only expenditures that meet Chapter 35 l 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 (I 0) business days of funding denial.
Sectfon 6. Rights. The City of Sche1iz 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. Tenn. The AGREEMENT shall become effective as of the date entered below. The
AGREEMENT shall terminate one year from ils effective date or once the Lcnns have been met, whichever
occurs first.
Section 8. Indemnification. The E'NTJTY agrees to defend, indemnify and hold hannless t11e CITY,
its officers, agents and employees, against any and all claims, lawsuits, judgments, cause of action, costs
and expenses for personal injury (including death), prope1ty damage or other harm for which recovery of
damages is sought, by any person or persons, that may arise out of or be occasioned by the ENTJTY's
breach of any of the terms or provisions of th.is AGREEMENl~ or by any negligent act or omission of the
ENTITY, its officers, agents, servants, employees, contractors, or subcontractors, in the performance of tJlis
PAGE2 OF5
perfonnance ofthis 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 ENTfTY 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 tl1e 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 tenn of the AGREEMENT, including the inability of the ENTJTY to
confonn 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 tenninate the AGREEMENT for breach of any provision of tltis AGREEMENT, upon
written notice of the breach and the breaching party shall have ten (IO) 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 foJlows:
to the CITY at:
City of Schertz
Attention: City Manager
l 400 Schertz Parkway
Schertz, TX 78154
(210) 619-1000
To: Jason Contreras
Attention: Jason Contreras
817 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.
PAGE3 OPS
Section 13. Assignment. Except as otherwise provided in this AGREEMENT, a party may not
assign t his AGREEMENT or subcontract the performance of services without first obtaini ng the written
consent of t he other party.
Section 14. Non -Waiver . A party's failure or delay 10 exercise right or remedy does not
constitute a w aiver 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 shalt not affect the meaning or interpretation of this AGREEMENT or any section
there-O f.
Section 16. Attorney fees. In any lawsuit concerning this AGREEMENT, the prevailing party
shall be entit led 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
thejr reasonable expenses, unless otherwise prohibited by law.
Section 17. Severability. The parties agree that in the event any prov1S1on 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 fu ll force and effect.
Section 18. Venue. The parties agree that al l 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.
Sect.ion 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 seJf-insnred status before any event awarded fWlding under this AGREEMENT. The cost of the
insurance herein mentioned to be secured and maintained by the ENTITY s hall be borne solely by the
ENTITY.
JN WTINESS H E REOF, the CITY and ENTITY make and execu te this
AGREEMENT to b e effective this day of , 2024.
CITY OF SCHERTZ, TEXAS ENTITY
City Manager Jason Contreras
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ATfEST:
City Secretary
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EXHIBIT A
Wood Repair Estimate
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JKA SERVICES CONSTRUCTION
2914JUPEDR
SAN ANTONIO TX. 78222
(210) 954-9254
QUOTE
Submitted on 0612212024
INVOICE FOR
Grey hous" Bloooms
817 Main SI
Schertz, Tx 78154
Description
Demolition
Payable to
JUAN JOSE SOTO 18ARRA
Remove damaged wood and replace with new wood
insulation
shee1 rock
1 ope and float
p;iin1 and finish out
malena1 and
mclud<>d
INVOICE#
26
Total Price
$1,000 .00
$800.00
TOTAL: $1800.00