25-R-109 Lease Agreement Guadalupe County FacilityRESOLUTION 25-R-109
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZIANG A LEASE AGREEMENT WITH
GUADALUPE COUNTY FOR USE OF COUNTY FACILITY AND
OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, Guadalupe County ("County") and the City of Schertz ("City") wish to
enter into a Lease Agreement relating to the use of the County facility located at 1052 Farm -To -
Market Rd 78, Schertz, TX 78154 and set out the terms, rights, duties, and responsibilities with
respect thereto; and
WHEREAS, the City will renovate and use the space to house Police Department
personnel until the new Public Safety Building is completed.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS THAT:
Section 1. The City Council hereby grants authority to the City Manager to execute
the Lease Agreement with Guadalupe County in substantially the form attached hereto as 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 1. V day ofJ�)JJS+ , 2025.
ATTEST:
City Secret , Sheila Edmondson
EXHIBIT A
Lease Agreement with Guadalupe County for Use of County Facility
Lease Agreement between Guadalupe County and the City- of Schertz
The purpose of this Lease Agreement is to set forth the terms between Guadalupe County
(hereinafter referred to as "County") and the City of Schertz (hereinafter referred to as "City"),
regarding the partial use of the County Facility located at 1052 FM 78, Schertz, Texas
(hereinafter referred to as "Facility"). The Facility is more particularly described as the
southeast portion of the building, comprising approximately 15,000 square feet of office space
(hereinafter referred to as "Premises"), located in Schertz, Texas.
1. The County will lease the Premises to the City for the sum of one dollar ($1.00) per year.
This Lease Agreement will begin upon the last signature of the parties to the Lease
Agreement and continue until the earlier of December 31, 2033, or until the City has
completed the new Schertz Public Safety Building. The County may terminate the Lease
Agreement by giving the City not less than nine (9) months' written notice that the Lease
Agreement will terminate and the date of termination.
2. The County will permit the City to have exclusive use of the Premises. The City will be
authorized to access the Facility and Premises for the purpose of conducting City business.
3. The Guadalupe County Constable's Office for Precinct 3 shall be allowed to utilize the
sheltered vehicle area and will be allocated not less than a ten -foot by ten -foot area for
property storage, which will be independently maintained.
4. The County currently has electricity and water available on the premises, which will remain
in place for the City's use. The City is not required to create an independent account with the
utility provider(s) for the Premises. The City shall be responsible for reimbursing the County
for the City's utility usage above the County's current utility usage for the Premises. The
County's current utility usage shall be calculated by adding together all usage for the
Premises for the preceding year and dividing that cost amount by twelve to obtain the
average monthly utility use by the County (Average Utility Usage). The City shall be
responsible for all utility costs above the Average Utility Usage. The County will notify the
City of the amount due to the County utilities, and the City shall reimburse the County within
30 days of receipt of the notice.
5. The Premises consist of a shell office space area with HVAC, water, and two (2) sets of male
and female restrooms. The City is authorized to build out and improve the Premises as
necessary for conducting City business during the term of the lease. The City shall be
responsible for all costs associated with any build -out or improvements to the Premises. The
City agrees that all work conducted to improve and build out the Premises shall remain in
place when the City departs the Premises and the Lease Agreement is terminated.
6. General and customary maintenance and repairs to the HVAC, water, and electricity systems
will be conducted by the County. Repairs of the HVAC, water, and electricity systems due
to the work or improvements conducted by the City shall be the responsibility of the City.
The City shall bear the costs associated with any extensions, alterations, or modifications of
the HVAC, water, or electricity systems needed for the alterations and improvements by the
City.
7. The City agrees to hold harmless the County, its officers, agents and employees, from and
against any and all claims, losses, damages, causes of action, suits, and liability of every
kind, including all expenses of litigation, court costs and attorney's fees, for injury to or
death of any person or for damage to any property arising out of or in connection with use of
the Facility/Premises by the City under the terms of this Agreement provided that any such
claim or loss is attributed to the actions of the City. The foregoing shall have no application
to any claim, loss, damage, cause of action, suit, or liability where the injury, death, or
damage results from the action attributable to the County.
8. At the end of the Lease Agreement, the City shall return the Premises to the County in the
same or better condition as when the City took possession of the Premises.
9. The City is not required to pay a security deposit.
10. To be effective, this Lease Agreement must be duly authorized by the governing bodies of
both the County and the City.
11. If any portion of this Agreement shall be deemed illegal or held unenforceable by a court of
competent jurisdiction, the remaining portions herein shall continue in full force and effect.
12. This Agreement shall be governed by the Constitution and Laws of the State of Texas.
Venue for any dispute arising out of this Agreement shall be in a State District Court in
Guadalupe County, Texas.
13. This Agreement may not be altered or amended without the written consent of both parties in
the same manner in which this Agreement took effect.
14. All notices contemplated and required herein shall be in writing and delivered in person or
sent via certified mail, unless specifically provided otherwise:
Guadalupe County
Attn: County Judge
101 E. Court Street
Seguin, Texas 78155
City of Schertz
Attn: City Manager
1400 Schertz Parkway
Schertz, Texas 78154
Passed and Approved on the day of _ 2025.
COUNTY:
Kyle Kutscher, County Judge
Guadalupe County, Texas
Attest:
Teresa Kiel, County Clerk
Guadalupe County, Texas
CITY:
Steve Williams, City Manager
City of Schertz, Texas