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09-25-25 Agenda SEDC Board Reg Meeting with packet       MEETING AGENDA SCHERTZ ECONOMIC DEVELOPMENT BOARD REGULAR SESSION - SEPTEMBER 25, 2025 HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS CONFERENCE ROOM 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154    AGENDA THURSDAY, SEPTEMBER 25, 2025 at 6:00 p.m. The City of Schertz Economic Development Corporation (SEDC) Board of Directors will hold a regular monthly meeting on Thursday, SEPTEMBER 25, 2025, at 6:00 p.m. at the Hal Baldwin Municipal Complex, Council Chambers Conference Room, Building No. 4, 1400 Schertz Parkway, Schertz, Texas. This is an open meeting, subject to the open meeting laws of the State of Texas.   In accordance with provisions of the Texas Open Meetings Act, Chapter 551, Texas Government Code notice is hereby given that a Possible Quorum of the governing body of the City of Schertz, Texas may take place at this meeting.           Call to Order 1.Roll call, recognition of visitors, and review of meeting instructions for effective Board interaction and public participation. 2.SEDC Board Member Oath of Office for re-appointments to the Schertz Economic Development Board by the Schertz City Council on 9/16/25.(S. Courney)  Eryn McElroy, Term Ending 9/30/27 Reynaldo Chavez, Term Ending 9/30/26 3.Introduction of newly hired Schertz Economic Development Staff as of 09/08/25  Kari Baker, Administrative Assistant  Hearing of Residents This time is set aside for any person who wishes to address the Board. Presentations should be limited to no more than 3 minutes. The presiding officer will call on those persons who have signed up to speak. Consent Agenda 4.Approval of the Minutes for the Board of Directors Regular Monthly Meeting held August 28, 2025. (A. Madison)  SEDC Agenda September 25, 2025 Page 1 of 3  Discussion Only 5.Presentation and discussion regarding the SEDC monthly financial statement for the month of August 2025. (S.Wayman)  Discussion and Possible Action 6.Resolution 2025-7  — Authorizing the City of Schertz Executive Director to execute a First Amendment to the La Palapas Schertz Performance Agreement to restate the legal entity as Las P Schertz Operations, LLC. (S. Wayman)  Closed Session 7.Called in accordance with Section 551.087 of the Texas Government Code, Deliberation Regarding Economic Development Negotiations; Closed Meeting. The governmental body is not required to conduct an open meeting (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect.  Project E-107 Project E-110 Reconvene to Regular Session 8.Take any actions based on discussion held in closed session under Agenda Item No. 7  Requests and Announcements  Announcements by staff.   Requests by Board Members to place items on a future SEDC Board Meeting agenda. Adjournment   CERTIFICATION I, Kari Baker, Administrative Assistant, of the City of Schertz Economic Development Corporation, do hereby certify that the above agenda was posted on the official bulletin boards on this the 18th day of September, 2025, at 2:30 p.m., which is a place readily accessible to the public at all times and that said notice was posted in accordance with chapter 551, Texas Government Code.    ________________________ Administrative Assistant- Economic Development   I certify that the attached notice and agenda of items to be considered by the Schertz Economic Development Corporation Board of Directors was removed from the official bulletin board on _____day of _______________, 2025. Name/Title:______________________________ This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services, please call 210-619-1070. SEDC Agenda September 25, 2025 Page 2 of 3  The Economic Development Corporation Board of Directors reserves the right to adjourn into closed session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Closed Sessions Authorized: This agenda has been reviewed and approved by the City’s legal counsel and the presence of any subject in any Closed Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion.   SEDC Agenda September 25, 2025 Page 3 of 3  Agenda No. 4.   SEDC MEMORANDUM    SEDC Board Meeting:09/25/2025 Department:Economic Development Corporation Subject:Approval of the Minutes for the Board of Directors Regular Monthly Meeting held August 28, 2025. (A. Madison) SUBJECT: Approval of the Minutes for the Board of Directors Regular Monthly Meeting held August 28, 2025. (A. Madison)  Attachments 08_28_25Minutes MINUTES REGULAR MEETING AUGUST 28, 2025 6:00 P.M. The City of Schertz Economic Development Corporation (SEDC) Board of Directors held a regular monthly meeting on Thursday, AUGUST 28, 2025. at 6:00 p.m. at the Hal Baldwin Municipal Complex, Council Chambers Conference Room, Building No. 4, 1400 Schertz Parkway, Schertz, Texas. The following members present to-wit:   Present: Bill Dixon, Board Vice President Eryn McElroy, Board Secretary Bryan Jones, Board Member Ray Chavez, Board Member Matt Clingo, Board Member Sharon Denson, Board Member Absent:Mark Moody, Board Treasurer Staff present: Scott Wayman, Executive Director Amy Madison, Deputy Director Ashley Ritchey, Business Engagement Manager Brian James, Deputy City Manager Attendees: Tim Brown, City Council Liaison Allison Heyward, City Council Liaison (Alternate) Sheree Courney, Deputy City Secretary Joe Simmons, Guest - PV Schertz Representative            SEDC Agenda August 28, 2025 Page 1 of 6 Call to Order   1.Roll call, recognition of visitors, and review of meeting instructions for effective Board interaction and public participation. Vice President Bill Dixon presided over the meeting and called it to order at 6 pm.   2.SEDC Board Member Oath of Office for a member appointed by City Council on 08/05/25 for an unexpired term ending on 09/30/2025. (S. Courney) Matt Clingo Sheree Courney, Deputy City Secretary administered the Oath of Office to Matt Clingo. Following his appointment, Clingo joined the board meeting as a voting member.   3.Election of the Schertz Economic Development Corporation Board Officers. (W.Dixon) Vice President Bill Dixon said that all board members could be nominated for any officer position, but the officers elected would not become effective until October 1, 2025 after re-appointments are made in September for three expiring terms. Two current board members have applied for reappointment. The third term expiring is Mark Moody, Treasurer, who is not seeking reappointment. He explained that leaves an open board seat and the Treasurer position vacant in addition to the current vacancy for President. He added that there may be a need to elect all four officer positions depending on the outcome of each officer elected. Vice President Bill Dixon called for nominations for President. Ray Chavez nominated Bill Dixon, Bryan Jones seconded. Motion passed, unanimously; 6-0. Vice President Bill Dixon called for nominations for Vice President and he nominated Eryn McElroy. Motion was seconded by Sharon Denson. Motion passed, unanimously; 6-0. Vice President Bill Dixon called for nominations for Secretary. Ray Chavez nominated Bryan Jones, seconded by Erin McElroy. Motion passed, unanimously; 6-0. Vice President Bill Dixon called for nominations for Treasurer. Bryan Jones nominated Ray Chavez, seconded by Eryn McElroy. Motion passed, unanimously; 6-0. New officers effective October 1, 2025: President, Bill Dixon Vice President, Eryn McElroy Secretary, Bryan Jones Treasurer, Ray Chavez   SEDC Agenda August 28, 2025 Page 2 of 6 Hearing of Residents   4.This time is set aside for any person who wishes to address the Board. Presentations should be limited to no more than 3 minutes. The presiding officer will call on those persons who have signed up to speak. No residents signed up to speak. No comments were made.   Minutes      5.Approval of the minutes for the Board of Directors Regular Monthly Meeting held July 24, 2025 (S. Wayman/A. Madison) Vice President Bill Dixon called for a motion to approve the SEDC Board Meeting minutes for July 24, 2025. Eryn McElroy moved to approve, Ray Chavez seconded. Motion passed, unanimous; 6-0.   Presentations   6.Staff briefing on SEDC monthly financial statement for the month of July 2025. (S.Wayman) Scott Wayman, Executive Director gave a brief overview of the SEDC Financial Statement for July 2025. July 2025 sales tax received was $1,170,720, a 111.4% increase over the prior year, and expenses were $32,652.54. The 12-month rolling average is 28.3% and still trending up. Notable expenditures include funding for DPC Hospitality contract for $12,500, Group C Media, $9,420, and Texas Economic Development Corporation, $5,000. Total Cash and Investments at the end of July was $37,918,215.91. Mr. Wayman also gave a brief overview of the Reserve Fund Model.      Discussion Items   7.Resolution 2025-5 - Adopting an agreement for Provision of Professional Services between the City of Schertz and the Schertz Economic Development Corporation, and other matters in connection therewith. (S.Wayman) Vice President Bill Dixon opened the discussion and introduced Scott Wayman, Executive Director, who provided an overview of the Provision of Professional Service Agreement. The contract for professional services must be approved by the SEDC annually and contains details of the costs and services from the City of Schertz including personnel, rent, internal services and fleet costs for FY26. Wayman noted the only year-over-year increase from the previous year was in personnel, which increased a total of 6%. Another notable change was in Fleet which decreased by 28%. Wayman stated that the Board approved the cost for all services totaling $641,703 as part of the FY26 Budget approved at the July 2025 Board Meeting.    SEDC Agenda August 28, 2025 Page 3 of 6 Following the presentation, Vice President Bill Dixon called for a motion to approve Resolution 2025-5. Ray Chavez moved to approve adoption of an agreement for Provision of Professional Services between the City of Schertz and the Schertz Economic Development Corporation, seconded by Eryn McElroy. Motion approved unanimous; 6-0.   Public Hearings   8.Resolution 2025-6 - Public hearing, discussion and possible action authorizing the City of Schertz Economic Development Corporation Executive Director to enter into a Performance Agreement with PV Schertz, LLC. (S.Wayman) Public Hearing opened at 6:20 pm Mr. Joe Simmons, PV Schertz, LLC, discussed the extension of Four Oaks Lane to and through his property. He provided approximately 2.5 acres of right-of-way dedication to the City at the time of platting that was valued at an estimated $750,000 for the extension of the road. He also noted that the cost of the road design was approximately $100,000. His property expansion and improvements include renovation and lease of two buildings for Murdoch's Ranch and Home, Bob Mills Furniture and a third lease with Star Vipers in the remaining third building, which is 73,000 sf. Not all the space is occupied by the tenant. The extension of Four Oaks Lane will provide access for a new 60,000 sf facility to be constructed and leased to Safeway Supplies. Board members asked about potential tenants being explored for the third building to fill the space. Mr. Simmons mentioned he had an active national fitness facility prospect, but also said the space could accommodate a small manufacturing firm. Public Hearing closed at 6:32 pm Vice President Bill Dixon deferred action on Item 8: Resolution 2025-6 and recessed Open Session to Closed Session at 6:33 pm. Vice President Bill Dixon returned to Item 8: Resolution 2025-6 following the first closed session. Ray Chavez motioned to approve. The motion did not receive a second. At the request of board members Eryn McElroy, Ray Chavez and Bryan Jones, Vice President Bill Dixon returned to Closed Session at 6:56 pm. Following the second Closed Session, Dixon returned to Item 8: Resolution 2025-6 and requested a motion. Bryan Jones motioned to approve, Sharon Denson seconded. Motion approved unanimously; 6-0      SEDC Agenda August 28, 2025 Page 4 of 6 Closed Session   9.Called in accordance with Section 551.087 of the Texas Government Code, Deliberation Regarding Economic Development Negotiations; Closed Meeting. The governmental body is not required to conduct an open meeting (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect. Project - E-107 Start time: 6:34 pm End time: 6:56 pm Vice President Bill Dixon reconvened into Open Session at 6:56 pm Start time: 6:57 pm End time: 7:15 pm Vice President Bill Dixon reconvened into Open Session at 7:15 pm   Reconvene to Regular Session   10.Take any actions based on discussion held in closed session under Agenda Item No. 9 No actions were taken based on discussions held in closed session.   Requests and Announcements Announcements by staff: SEDC Regular Board Meeting September 25, 2025, 6 pm. Requests by Board Members to place items on a future SEDC Board Meeting agenda: No requests made.   Adjournment Vice President Bill Dixon called for a motion to adjourn. Moved by Bryan Jones, seconded by Sharon Denson. Motions approved unanimously; 6-0. Meeting adjourned at 7:17 pm.   MINUTES PASSED AND APPROVED THIS _____DAY OF ____________2025. SEDC Agenda August 28, 2025 Page 5 of 6 MINUTES PASSED AND APPROVED THIS _____DAY OF ____________2025. ___________________________________ William Dixon Board Vice President ATTEST: ____________________________________ Eryn McElroy, Board Secretary SEDC Agenda August 28, 2025 Page 6 of 6 Agenda No. 5.   SEDC MEMORANDUM    SEDC Board Meeting:09/25/2025 Department:Economic Development Corporation Subject:Presentation and discussion regarding the SEDC monthly financial statement for the month of August 2025. (S.Wayman) BACKGROUND COMMUNITY BENEFIT FISCAL IMPACT SUMMARY OF RECOMMENDED ACTION Attachments Financial Report 620-SED CORPORATION CURRENT CURRENT PRIOR YEAR CURRENT Y-T-D BUDGET % OF FINANCIAL SUMMARY BUDGET PERIOD Y-T-D ACTUAL Y-T-D ACTUAL ENCUMBR BALANCE BUDGET REVENUE SUMMARY Taxes 7,083,000 620,926.05 6,311,213.68 9,356,110.94 - (2,273,110.94) 132.09% Fund Transfers - - 190,391.66 - - - 0.00% Miscellaneous 1,260,000 142,991.70 1,709,644.72 1,570,777.08 - (310,777.08) 124.66% TOTAL REVENUES 8,343,000 763,917.75 8,211,250.06 10,926,888.02 - (2,583,888.02) 130.97% EXPENDITURE SUMMARY NONDEPARTMENTAL City Supported Services*15,299,100 - 58,984.70 9,335,299.17 77,050.00 5,886,750.83 61.52% TOTAL NONDEPARTMENTAL 15,299,100 - 58,985 9,335,299.17 77,050 5,886,750.83 61.52% ECONOMIC DEVELOPMENT Personnel Services 24,575 740.22 13,921.04 17,080.84 - 7,494.16 69.50% Supplies & Equipment 61,175 11,961.35 27,437.17 42,633.33 - 18,541.67 69.69% City Supported Services 214,500 100.00 3,380.30 3,812.41 - 210,687.59 1.78% Utility Services 316,825 6,037.04 161,844.90 72,650.47 339.33 243,835.20 23.04% Operating Expense 88,585 2,089.87 66,832.49 74,286.83 - 14,298.17 83.86% Professional Services 664,080 138.00 549,564.00 609,873.50 - 54,206.50 91.84% Fund Charges/Transfers - - - - - - 0.00% TOTAL ECONO DEVELOPMENT 1,369,740 21,066.48 822,979.90 820,337.38 339.33 549,063.29 59.91% TOTAL EXPENDITURES 16,668,840 21,066.48 881,964.60 10,155,636.55 77,389.33 6,435,814.12 61.39% ** REVENUE OVER(UNDER) EXPEND (8,325,840) 742,851.27 7,329,285 771,251 C I T Y O F S C H E R T Z *************************************************** 2 0 2 4 - 2 0 2 5 *************************************************** REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: Aug 31st , 2025 620-SED CORPORATION CURRENT CURRENT PRIOR YEAR CURRENT Y-T-D BUDGET % OF REVENUES BUDGET PERIOD Y-T-D ACTUAL Y-T-D ACTUAL ENCUMBR BALANCE BUDGET Taxes 000-411500 Sales Tax Revenue (4B)7,083,000 620,926.05 6,311,213.68 9,356,110.94 - (2,273,110.94) 132.09% TOTAL Taxes 7,083,000 620,926.05 6,311,213.68 9,356,110.94 - (2,273,110.94) 132.09% Fund Transfers 000-486000 Transfer In - - 190,391.66 - - - 0.00% TOTAL Fund Transfers - - 190,391.66 - - - 0.00% Miscellaneous 000-491000 Interest Earned 10,000 2,932.58 11,395.73 9,673.78 - 326.22 96.74% 000-491200 Investment Earnings 1,250,000 140,059.12 1,698,248.99 1,561,103.30 - (311,103.30) 124.89% 000-497000 Misc Income - - - - - - 0.00% TOTAL Miscellaneous 1,260,000 142,991.70 1,709,644.72 1,570,777.08 - (310,777.08) 124.66% TOTAL REVENUES 8,343,000 763,917.75 8,211,250.06 10,926,888.02 - (2,583,888.02) 130.97% C I T Y O F S C H E R T Z REVENUE REPORT (UNAUDITED) *************************************************** 2 0 2 4 - 2 0 2 5 *************************************************** AS OF: Aug 31st , 2025 VENDOR NAME DESCRIPTION AMOUNT SED CORPORATIONScott Wayman Per Diem-Mileage 210.22 Amy Madison Per Diem-Team Texas Chicago 2025 329.36 American City Bus Journals Inc SA Business Journal Growth Summit Sponsorship 1,965.00 Citibank - Amy Madison Travel/IAMC Fall Forum 2,684.73 Citibank - Ashley Ritchy Monthly Subscription/HEB Gift Card/SAMA Luncheon 180.00 Citibank - Scott Wayman Travel/Conference/Meals 644.65 Citibank - Tracy Miller Monthly Subscription 29.99 Blue Horizon Media EDC Marketing Photography 2025 2,900.00 COSTAR Realty Information, Inc.CoStar Annual Subscription 7,251.36 Ubeo, LLC Copier Rental 280.49 Denton Navarro Rodriguez Bernal Santee & Zech Legal Services for July 138.00 WEX Bank Fiscal Year Fuel 42.68 RESIMPLIFI,INC Resimplifi Annual Subscription 4,410.00 SUBTOTAL:21,066.48 TOTAL:$21,066.48 Investmt Cash in Bank Type Yield Maturity Amount Claim on Operating Cash Pool-Checking Bank 4.28 -730,900.16$ Cash in Investments Texas Class Investment-Economic Development Corp Pool*4.39 -36,114,671.85 Schertz Bank & Trust-Certificate of Deposit 1 Year CD 4.00 5/10/2026 1,241,379.87 Schertz Bank & Trust-Certificate of Deposit 1 Year CD 4.00 1/5/2026 1,177,846.57 Total Cash in Bank & Investments 39,264,798.45$ *Local Government Investment Pool, most comparable to a Money Market Mutual Fund CASH IN BANK AND INVESTMENTS AS OF: Aug 31st , 2025 SED CORPORATION 620-SED CORPORATION FINANCIAL SUMMARY OVERVIEW Revenues Sales Tax Sales Tax 1,229,652.88$ Payment Received in August* 116.2% Annual Increase 38.8%12-Month Rolling Average Expenses COSTAR Realty Information, Inc.7,251.36 RESIMPLIFI,INC 4,410.00 Blue Horizon Media 2,900.00 American City Bus Journals Inc 1,965.00 Year-to-Date Total Revenue 10,926,888.02$ Total Expenses 10,155,636.55$ Over/Under 771,251.47$ Cash & Investments Cash 730,900.16$ Investments 38,533,898.29$ Total 39,264,798.45$ *sales taxes are delayed 2 months from received to earned. Sales Taxes recognized in report are estimates and are adjusted to actual when payments are received. C I T Y O F S C H E R T Z *************************************************** 2 0 2 4 - 2 0 2 5 *************************************************** REVENUE AND EXPENSE REPORT (UNAUDITED) AS OF: Aug 31st , 2025 -13%6.0%5.3%7.3% 24.9% 11.7% -7.0% 170.2% 0.2% 111.4% 116.2% (100,000) 50,000 200,000 350,000 500,000 650,000 800,000 950,000 1,100,000 1,250,000 1,400,000 1,550,000 1,700,000 OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP 4B SALES TAX By Collection Month 2024-25 2023-24 2022-23 2021-22 Agenda No. 6.   SEDC MEMORANDUM    SEDC Board Meeting:09/25/2025 Department:Economic Development Corporation Subject:Resolution 2025-7 — Authorizing the City of Schertz Executive Director to execute a First Amendment to the La Palapas Schertz Performance Agreement to restate the legal entity as Las P Schertz Operations, LLC. (S. Wayman) BACKGROUND COMMUNITY BENEFIT FISCAL IMPACT SUMMARY OF RECOMMENDED ACTION Attachments RES 2025-7 I SEDC RESOLUTION 2025-7 A RESOLUTION BY THE CITY OF SCHERTZ DEVELOPMENT CORPORATION, AUTHORIZING THE FIRST AMENDMENT AND RESTATEMENT OF THE ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT FOR LAS PALAPAS SCHERTZ; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz Economic Development Corporation (herein after called "SEDC") is a non-profit industrial development corporation duly established under the Development Corporation Act of 1979, as amended (Section 501.001 et seq. Texas Local Government Code, formerly the Development Corporation Act of 1979) (the "Act"); WHEREAS, all powers of the corporation are vested in the SEDC Board of Directors (the "Board") appointed by the governing body of the corporation's authorizing unity; and WHEREAS, the Act authorizes a development corporation to fund certain projects as defined by the Act and request development corporations to enter into performance agreements to establish and provide for the direct incentive or make an expenditure on behalf of a business enterprise under a project; and WHEREAS, The Parties entered into that Economic Development Performance Agreement –Las Palapas Schertz on August 8, 2024; and WHEREAS, the Agreement provides that Las Palapas Schertz develop 5,900 square foot restaurant improvements located in Schertz, Texas, on the property more particularly described as 16842 IH 35 North; and WHEREAS, Company desires to construct and extend water infrastructure approximately, 712 feet, and addition public infrastructure to include sewer, drainage as well as associated roadway connection and driveway approach upgrades in Schertz, Texas, and WHEREAS, the Parties agree to amend all references to the legal name for Las Palapas Schertz in the agreement to “Las P Schertz Operations, LLC”, and WHEREAS, the Parties agree to amend all references to the abbreviated name for Las P Schertz, LLC in the agreement to “Las P Schertz”, and WHEREAS, Sections 501, 502, and 505 of the Texas Local Government Code ("Texas LGC") authorizes the SEDC to fund certain projects as defined therein and enter into performance agreements to establish and provide for the direct incentive or make an expenditure on behalf of a business enterprise under a project; and WHEREAS, Section Sec. 505.159 of the Texas LGC requires the SEDC to hold a public hearing to undertake projects, and a public hearing was held on August 8, 2025 at the SEDC Board Meeting; and WHEREAS, Section 501.073 of the Act requires the City of Schertz, the SEDC authorizing unit, to approve all SEDC programs and expenditures. 2 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF SCHERTZ ECONOMIC DEVELOMENT CORPORATION THAT: Section 1. The Schertz Economic Development Board hereby approves the Economic Development Performance Agreement amendment attached hereto as ATTACHMENT A and authorizes the President to execute and deliver in substantial form as attached to the City of Schertz for final authorization of project expenditures. 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 Board. 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 board 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. and it is so resolved. This Resolution shall be in force and effect from and after its final passage 3 PASSED AND ADOPTED, this __ day of , 2025. CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION ____________________________________ William Dixon, SEDC Vice President ______________________________________ Eryn McElroy, SEDC Board Secretary 4 ATTACHMENT A FIRST AMENDMENT TO LAS PALAPAS SCHERTZ. ECONOMIC DEVELOPMENT AGREEMENT This FIRST AMENDMENT TO LAS PALAPAS SCHERTZ ECONOMIC DEVELOPMNT AGREEMENT (this “Amendment”) is made effective as of _____2025 (the “Effective Date”), by and among LAS PALAPAS SCHERTZ, and the City of Schertz Economic Development Corporation (SEDC), a Texas non-profit industrial development corporation (“SEDC,” together with the Developers, collectively referred to as the “Parties” and individually as a “Party”). RECITALS: A. Whereas, the Parties entered into that certain Las Palapas Schertz Economic Development Agreement with an effective date of August 8, 2024 (the “SEDC Agreement”). B. Whereas, pursuant to Article VIII, Section IX, the Parties now desire to amend the SEDC Agreement to the extent and as provided in this Amendment. C. Whereas, all terms with initial capital letters not otherwise defined in this Amendment shall have the same meanings as defined in the SEDC Agreement. AMENDMENT: For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby declare as follows: 1. Legal Entity Name Change: Amend and reassign all rights and delegated duties for “Las Palapas Schertz” to “Las P Schertz Operations, LLC, a Texas limited liability company.” 2. Legal Entity Abbreviated Name Change: Amend and reassign all delegated duties for the abbreviated legal entity “Las Palapas Schertz” to the abbreviated legal entity “Las P Schertz” throughout the agreement. 3. Conflicts/Ratification. Except as expressly amended by this Amendment, the SEDC Agreement shall remain unchanged and is in full force and effect and is hereby ratified and confirmed. However, to the extent there is a direct conflict between a provision of the SEDC agreement and a provision of this Amendment, the provision contained in this Amendment shall control. [The remainder of this page is left blank.] EXECUTED as of the Effective Date first set forth above as. CITY OF SCHERTZ, TEXAS SEDC By:___________________________ By:__________________________ Schertz City Manager SEDC Board President ATTEST: ATTEST: _______________________________ _____________________________ City Secretary Board Secretary Las P Schertz Operations, LLC Las Palapas Schertz a Texas limited liability company By:_____________________________ By:_____________________________ Name:___________________________ Name:___________________________ Title:____________________________ Title:____________________________