10-23-25 Agenda SEDC Board Reg Meeting with Packet
MEETING AGENDA
SCHERTZ ECONOMIC DEVELOPMENT BOARD
REGULAR SESSION - OCTOBER 23, 2025
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS CONFERENCE ROOM
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
AGENDA
THURSDAY, OCTOBER 23, 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,
OCTOBER 23, 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 appointment to the Schertz Economic Development
Board by the Schertz City Council on 10/14/2025. (S. Courney)
John Faubush, III, Term Ending 9/30/27
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
3.Approval of the Minutes for the Board of Directors Regular Monthly Meeting held September
25, 2025. (A. Madison)
Discussion Only
4.Presentation and discussion regarding the SEDC monthly financial statement for the month of
September 2025. (S.Wayman)
Discussion and Possible Action
5.Resolution 2025-8 - Authorizing the City of Schertz Economic Development Corporation
Executive Director to execute a First Amendment to the PV Schertz,
LLC. Performance Agreement for purposes of expanding the scope of work and potential
incentives for infrastructure improvements in the City of Schertz. (S. Wayman)
SEDC Agenda October 23, 2025 Page 1 of 2
Closed Session
6.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.
E-107
E-110
Reconvene to Regular Session
7.Take any actions based on discussion held in closed session under Agenda Item No. 6
Requests and Announcements
Announcements by staff.
Requests by Board Members to place items on a future SEDC Board Meeting agenda.
Next meeting scheduled for November 20, 2025.
No Meeting in December; Plans for Holiday forthcoming.
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 _____ day of _________, 2025, at 5:00 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.
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 October 23, 2025 Page 2 of 2
Agenda No. 2.
SEDC MEMORANDUM
SEDC
Board Meeting:10/23/2025
Department:Economic Development Corporation
Subject:SEDC Board Member Oath of Office for appointment to the Schertz
Economic Development Board by the Schertz City Council on 10/14/2025.
(S. Courney)
John Faubush, III, Term Ending 9/30/27
BACKGROUND
COMMUNITY BENEFIT
FISCAL IMPACT
SUMMARY OF RECOMMENDED ACTION
Agenda No. 3.
SEDC MEMORANDUM
SEDC
Board Meeting:10/23/2025
Department:Economic Development Corporation
Subject:Approval of the Minutes for the Board of Directors Regular Monthly
Meeting held September 25, 2025. (A. Madison)
BACKGROUND
COMMUNITY BENEFIT
FISCAL IMPACT
SUMMARY OF RECOMMENDED ACTION
Attachments
09-25-2025
MINUTES
REGULAR MEETING
SEPTEMBER 25, 2025
6:00 PM
The City of Schertz Economic Development Corporation (SEDC) Board of Directors held 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.
The following members present to-wit:
Present: Bill Dixon, Board Vice President
Eryn McElroy, Board Secretary
Mark Moody, Board Treasurer
Bryan Jones, Board Member
Ray Chavez, Board Member
Sharon Denson, Board Member
Matt Clingo, Board Member
Staff present: Scott Wayman, Executive Director
Brian James, Deputy City Manager
Amy Madison, Deputy Director
Ashley Ritchey, Business Engagement Manager
Kari Baker, Administrative Assistant
Attendees: Sheree Courney, Deputy City Secretary
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 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
SEDC Agenda September 25, 2025 Page 1 of 4
Sheree Courney, Deputy City Secretary administered the Oath of Office to Eryn McElroy
and Reynaldo Chavez.
Vice President Bill Dixon discussed Mark Moody vacating his seat which he has held on
the SEDC Board from 6/01/2021-09/30/2025. Bill thanked Mark for his years of service.
3.Introduction of newly hired Schertz Economic Development Staff as of 09/08/25
Kari Baker, Administrative Assistant
Scott Wayman gave a brief introduction of the Administrative Assistant for EDC and a
little background information about the new staff member.
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.
No residents signed up to speak. No comments were made.
Consent Agenda
4.Approval of the Minutes for the Board of Directors Regular Monthly Meeting held
August 28, 2025. (A. Madison)
Vice President Bill Dixon called for a motion to approve the SEDC Board Meeting
minutes for August 28, 2025. Bryan Jones moved to approve, Sharon Denson seconded.
Motion passed, unanimous; 6-0.
Discussion Only
5.Presentation and discussion regarding the SEDC monthly financial statement for the
month of August 2025. (S.Wayman)
Scott Wayman, Executive Director gave a brief overview of the SEDC Financial
Statement for August 2025. August 2025 sales tax received was $1,229,652.88,
a 116.2% increase over the prior year, and expenses were $21,066.48. The 12-month
rolling average is 38.8%. Notable expenditures include CoStar Realty Info, RESIMPLIFI
Inc., Blur Horizon and American City Bus Journals Inc. Board asked for clarity on how
SEDC uses the CoStar program. Scott Wayman explained that SEDC uses CoStar
Realty Information to provide listing information for commercial properties for
sale. Total cash and Investments at the end of August was $39,264.798.45. Mr. Wayman
also gave a brief overview of the Reserve Fund Model.
SEDC Agenda September 25, 2025 Page 2 of 4
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)
Vice President Bill Dixon opened the discussion and introduced Scott Wayman,
Executive Director. Wayman provided an overview of Economic Development
Agreement's First Amendment authorizing the Executive Director to restate the legal
entity as Las P Schertz Operations, LLC.
Following the presentation, Vice President Bill Dixon moved to approve Resolution
2025-7, seconded by Bryan Jones. Motion approved unanimous; 6-0.
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
Start time: 6:15 pm
End Time: 7:07 pm
Vice President Bill Dixon reconvened into Open Session at 7:07pm
Reconvene to Regular Session
8.Take any actions based on discussion held in closed session under Agenda Item No. 7
No actions were taken based on discussions held in closed session.
Requests and Announcements
SEDC Agenda September 25, 2025 Page 3 of 4
Requests and Announcements
Announcements by staff.
SEDC Regular Board Meeting October 23, 2025 at 6pm.
Requests by Board Members to place items on a future SEDC Board Meeting agenda.
No requests made.
Adjournment
Vice President Bill Dixon adjourned meeting at 7:08pm
MINUTES PASSED AND APPROVED THIS _____________ DAY OF _______________2025.
________________________________________
William Dixon, Board President
ATTEST:
____________________________________________
Bryan Jones, Board Secretary
SEDC Agenda September 25, 2025 Page 4 of 4
Agenda No. 4.
SEDC MEMORANDUM
SEDC
Board Meeting:10/23/2025
Department:Economic Development Corporation
Subject:Presentation and discussion regarding the SEDC monthly financial
statement for the month of September 2025. (S.Wayman)
BACKGROUND
COMMUNITY BENEFIT
FISCAL IMPACT
SUMMARY OF RECOMMENDED ACTION
Attachments
10-23-2025
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 7,083,000 627,531.70 6,698,059.29 10,456,150.62 - (3,373,150.62) 147.62%
Fund Transfers - - 190,391.66 - - - 0.00%
Miscellaneous 1,260,000 129,325.58 1,868,124.10 1,700,102.66 - (440,102.66) 134.93%
TOTAL REVENUES 8,343,000 756,857.28 8,756,575.05 12,156,253.28 - (3,813,253.28) 145.71%
EXPENDITURE SUMMARY
NONDEPARTMENTAL
City Supported Services*15,299,100 77,050.00 572,507.79 9,412,349.17 - 5,886,750.83 61.52%
TOTAL NONDEPARTMENTAL 15,299,100 77,050 572,508 9,412,349.17 - 5,886,750.83 61.52%
ECONOMIC DEVELOPMENT
Personnel Services 28,675 2,172.90 15,723.23 19,253.74 - 9,421.26 67.14%
Supplies & Equipment 61,175 589.33 49,252.27 43,222.66 - 17,952.34 70.65%
City Supported Services 214,500 184.41 5,009.40 3,996.82 - 210,503.18 1.86%
Utility Services 316,925 4,464.52 165,114.53 77,114.99 - 239,810.01 24.33%
Operating Expense 84,385 334.09 72,200.76 75,270.92 280.49 8,833.59 89.53%
Professional Services 664,080 1,384.00 550,507.00 611,257.50 - 52,822.50 92.05%
Fund Charges/Transfers - - - - - - 0.00%
TOTAL ECONO DEVELOPMENT 1,369,740 9,129.25 857,807.19 830,116.63 280.49 539,342.88 60.62%
TOTAL EXPENDITURES 16,668,840 86,179.25 1,430,314.98 10,242,465.80 280.49 6,426,093.71 61.45%
** REVENUE OVER(UNDER) EXPEND (8,325,840) 670,678.03 7,326,260 1,913,787
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: Sep 30th , 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)7,083,000 627,531.70 6,698,059.29 10,456,150.62 - (3,373,150.62) 147.62%
TOTAL Taxes 7,083,000 627,531.70 6,698,059.29 10,456,150.62 - (3,373,150.62) 147.62%
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 - 12,479.16 9,673.78 - 326.22 96.74%
000-491200 Investment Earnings 1,250,000 129,325.58 1,855,644.94 1,690,428.88 - (440,428.88) 135.23%
000-497000 Misc Income - - - - - - 0.00%
TOTAL Miscellaneous 1,260,000 129,325.58 1,868,124.10 1,700,102.66 - (440,102.66) 134.93%
TOTAL REVENUES 8,343,000 756,857.28 8,756,575.05 12,156,253.28 - (3,813,253.28) 145.71%
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: Sep 30th , 2025
VENDOR NAME DESCRIPTION AMOUNT
SED CORPORATION Las P Schertz Operations LLC Las Palapas First Incentive Payment 77,050.00
Citibank - Amy Madison Travel/IAMC Fall Forum 2,011.05
Citibank - Ashley Ritchy Monthly Subscription/HEB Gift Card/SAMA Luncheon 984.41
Citibank - Scott Wayman Travel/Conference/Meals 741.08
Group C Media LLC Business Facilities Media - TX Focus 1/2 Page ad 3,500.00
Chumura Economics & Analytics, LLC Jobs EQ + Rewal Subscription Fee 301.37
Ubeo, LLC Copier Rental 130.89
Denton Navarro Rodriguez Bernal Santee & Zech Legal Services for August 1,384.00
WEX Bank Fiscal Year Fuel 61.67
Amazon Capital Services INC 8.5 x 11 2 pack graph paper & clipboard w/storage 14.78
SUBTOTAL:86,179.25
TOTAL:$86,179.25
86,179.25
86,179.25
SEPTEMBER 2025 PAYABLES REPORT
Investment
Cash in Bank Type Yield Maturity Amount
Claim on Operating Cash Pool-Checking Bank 4.17 -1,859,404.24$
Cash in Investments
Texas Class Investment-Economic Development Corp Pool*4.35 -36,243,997.43
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 40,522,628.11$
*Local Government Investment Pool, most comparable to a Money Market Mutual Fund
CASH IN BANK AND INVESTMENTS
AS OF: Sep 30th , 2025
SED CORPORATION
620-SED CORPORATION
FINANCIAL SUMMARY OVERVIEW
Revenues
Sales Tax Sales Tax 1,215,649.72$ Payment Received in September*
105.8% Annual Increase
46.9%12-Month Rolling Average
Expenses
Las P Schertz Operations LLC 77,050.00
Group C Media LLC 3,500.00
Denton Navarro Rodriguez Bernal Santee & Zech 1,384.00
Year-to-Date
Total Revenue 12,156,253.28$
Total Expenses 10,242,465.80$
Over/Under 1,913,787.48$
Cash & Investments
Cash 1,859,404.24$
Investments 38,663,223.87$
Total 40,522,628.11$
*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: Sep 30th , 2025
-13%6.0%5.3%7.3%
24.9%
11.7%
-7.0%
170.2%
0.2%
111.4%
116.2%
105.8%
(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. 5.
SEDC MEMORANDUM
SEDC
Board Meeting:10/23/2025
Department:Economic Development Corporation
Subject:Resolution 2025-8 - Authorizing the City of Schertz Economic Development
Corporation Executive Director to execute a First Amendment to the PV
Schertz, LLC. Performance Agreement for purposes of expanding the scope
of work and potential incentives for infrastructure improvements in the City
of Schertz. (S. Wayman)
BACKGROUND
COMMUNITY BENEFIT
FISCAL IMPACT
SUMMARY OF RECOMMENDED ACTION
Attachments
10-23-2025
2
SEDC RESOLUTION 2025-8
A RESOLUTION BY THE CITY OF SCHERTZ ECONOMIC
DEVELOPMENT CORPORATION, AUTHORIZING THE FIRST
AMENDMENT AND RESTATEMENT OF THE ECONOMIC
DEVELOPMENT PERFORMANCE AGREEMENT WITH PV SCHERTZ,
LLC; AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City of Schertz Economic Development Corporation (herein after called
"SEDC") is a non-profit economic development corporation duly established under the
Development Corporation Act of 1979, as codified in Chapters 501-505 of the Texas Local
Government Code (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 requires that development corporations enter into performance agreements
containing at minimum a schedule of payroll or jobs to be created and the capital investment to be
made, in order to establish and provide for the direct incentive or make an expenditure on behalf
of a business enterprise under a project; and
WHEREAS, The SEDC and PV Schertz, LLC (“PV Schertz”) (collectively, the “Parties”)
entered into that certain Economic Development Performance Agreement with PV Schertz on
August 28, 2025; and
WHEREAS, the Agreement provides that PV Schertz construct and extend Public
Infrastructure Improvements, including a water line relocation of approximately 493 feet, sewer
line extension of approximately 560 feet and would provide roadway to enhance the future
thoroughfare plan of the city approximately 535 feet of completed roadway width and
improvements, at 17680 Four Oaks Drive, in Schertz, Texas, Guadalupe County; and
WHEREAS, the agreement further provides that PV Schertz intends to complete Public
Infrastructure Improvements to allow future development of a minimum 60,000 square foot
distribution facility to be built in Schertz, Texas on the property more particularly described as 17680
Four Oaks Dr., Schertz, Texas; and
WHEREAS, the Parties desire to amend the Agreement to provide that PV Schertz
construct and extend Public Infrastructure Improvements including a water line and relocation of
approximately 1,874 feet, sewer line extension of approximately 2,044 feet and would provide
roadway to enhance the future thoroughfare plan of the city approximately 1,600 feet of completed
roadway width and improvements, at 17680 Four Oaks Drive, in Schertz , Texas, Guadalupe
County; and
WHEREAS, PV Schertz agrees to dedicate needed right-of-way of approximately 16,800
square feet to the City of Schertz and the SEDC agrees to further incentivize PV Schertz to receive
a Total Grant Award not to exceed TWO MILLION THREE HUNDRED THOUSAND
3
($2,300,000) to fund the expansion, 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 28, 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.
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 EXHIBIT 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
4
PASSED AND ADOPTED, this __ day of , 2025.
CITY OF SCHERTZ ECONOMIC
DEVELOPMENT CORPORATION
____________________________________
ATTEST:
William Dixon, SEDC President
______________________________________
Bryan Jones, SEDC Board Secretary
5
EXHIBIT A
PV Schertz Performance Agreement
First Amendment and Restated
1
FIRST AMENDED AND RESTATED
ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT
PV Schertz, LLC.
This First Amended and Restated Economic Development Incentive Agreement
(“Agreement”) is entered into to be effective as of __________________, by and between the
Schertz Economic Development Corporation, located in Guadalupe County, Texas (hereinafter
called “Corporation”), a Texas non-profit Type B economic development corporation; and PV
Schertz, LLC., a Texas Company authorized to do business in Texas (hereinafter called
“Developer”); collectively otherwise known as the “Parties” to this Agreement.
RECITALS
WHEREAS, the Development Corporation Act of 1979, as amended and codified in Chapters
501, 502, and 505, Texas Local Government Code (the “Act”) authorizes a development
corporation to fund certain projects as defined by the Act, and requires 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, for purposes of the Act 501.101, a “project” includes equipment, facilities,
expenditures, targeted infrastructure, and improvements that are for the creation or retention of
primary jobs and found by the SEDC board of directors to be required or suitable for the
development or expansion of manufacturing and industrial facilities; and
WHEREAS, Section 501.158 of the Act requires performance agreements to provide, at a
minimum ,for a schedule of additional payroll or jobs to be created or retained, and capital
investment to be made, as consideration for any direct incentives provided or expenditures made
by the corporation under the agreement and to specify the terms under which repayment must be
made if the business enterprise does not meet the performance requirements specified in the
agreement; and
WHEREAS, Section 501.103 authorizes expenditures for certain infrastructure improvement
projects that are found by the board of directors to be required or suitable for infrastructure
necessary to promote or develop new or expanded business enterprises; and
WHEREAS, the Developer desires to construct and extend certain infrastructure improvements,
including the extension and relocation of approximately 1,874 feet of water lines, sewer line
extension of approximately 2,044 feet, and the provision of road improvements to enhance the
future thoroughfare plan of the City of Schertz, to consist of approximately 1600 feet of complete
roadway width and improvements; such improvements to be installed in the area of 17680 Four
Oaks Dr., in Schertz, Texas, more clearly described on Exhibit “B” attached hereto (the “Public
Infrastructure Improvements”); and
WHEREAS, Developer and Corporation entered into a performance agreement for the Public
Infrastructure Improvements dated August 28, 2025 (the “Agreement”); and
2
WHEREAS, Developer desires to complete the Public Infrastructure Improvements to allow
future development of Facilities (singularly “Facility,” and as defined herein) with a minimum
square footage as shown in Area 1 (60,000 sf), Area 2 (35,000 sf) and Area 3 (Pad Site, no
minimum) as shown on Exhibit “C” to be built in Schertz, Texas (the “Project”); and
WHEREAS, the SEDC finds that the construction and business planned in conjunction with the
Project, as proposed, will contribute to the economic development of the City of Schertz (“City”)
by creating new jobs and increased employment, promoting and developing expanded business
enterprises, increased development, increased real property value and tax revenue for the City, and
will have both a direct and indirect positive overall improvement/stimulus in the local and state
economy; and
WHEREAS, the Corporation desires to offer incentives to Developer to enable Developer to
construct the Project pursuant to this Agreement in substantial conformity with the City Economic
Development Incentive Policy and the Act; and
WHEREAS, the Parties are executing and entering into this Agreement to set forth certain terms
and obligations of the Parties with respect to such matters; and
WHEREAS, the Parties recognize that all agreements of the Parties hereto and all terms and
provisions hereof are subject to the laws of the State of Texas and all rules, regulations and
interpretations of any agency or subdivision thereof at any time governing the subject matters
hereof; and
WHEREAS, the Parties agree that all conditions precedent for this Agreement to become a
binding agreement have occurred and been complied with, including all requirements pursuant to
the Texas Open Meetings Act and all public notices and hearings; if any, have been conducted in
accordance with Texas law; and
WHEREAS, on the Effective Date, the commitments contained in this Agreement shall become
legally binding obligations of the Parties.
NOW, THEREFORE, in consideration of the mutual covenants, benefits and agreements
described and contained in this Agreement, and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged and further described herein, the Parties
agree as follows:
ARTICLE I
RECITALS
1. Recitals. The recitals set forth above are declared true and correct by the Parties
and are hereby incorporated as part of this Agreement.
3
ARTICLE II
AUTHORITY AND TERM
1. Authority. The Corporation’s execution of this Agreement is authorized by the Act
and constitutes a valid and binding obligation of the Corporation. The Corporation acknowledges
that Developer is acting in reliance upon the Corporation’s performance of its obligations under
this Agreement in making the decision to commit substantial resources and money to the
establishment of the Project, hereinafter established.
2. Term. This Agreement shall become enforceable upon the Effective Date,
hereinafter established, and shall continue until the Expiration Date, hereinafter established, unless
terminated sooner or extended by mutual agreement of the Parties in the manner provided for
herein.
3. Administration of Agreement. Upon the Effective Date, the Corporation delegates
the administration and oversight of this Agreement to the Executive Director of the Corporation.
Any proposed amendments to the Agreement shall require the approval of the Board of Directors
of the Corporation.
ARTICLE III
DEFINITIONS
As used in this Agreement, the following terms shall have the meanings ascribed below.
All undefined terms shall retain their usual and customary meaning as ascribed by common and
ordinary usage.
“Actual Total Improvement Costs” means the actual cost of the Public Improvements
including, but not limited to engineering, legal fees, construction, labor, materials, and the costs to
“carry” the foregoing, as substantiated with receipts and invoices.
“Bankruptcy” shall mean the dissolution or termination of a Party’s existence as a going
business, insolvency, appointment of receiver for any party of such Party’s property and such
appointment is not terminated within ninety (90) days after such appointment is initially made, any
general assignment for the benefit of creditors, or the commencement of any proceeding under any
bankruptcy or insolvency laws by or against such party and such proceeding is not dismissed
within ninety (90) days after the filing thereof.
“Business Condition” shall mean that the owner or tenant of a Facility described in Area
1, 2 or 3 as set forth in Exhibit C obtains, no later than four (4) years from completion of the Public
Infrastructure Improvements, either 1) a Certificate of Completion for a Facility; or 2) a Certificate
of Occupancy for a facility.
“Certificate of Occupancy” shall mean the signed certificate issued by the City of Schertz
Inspections Division granting Property Owner the right to occupy a Facility and confirming that
the entire work covered by the permit and plans are in place.
4
“Default” shall mean failure by any Party to timely and substantially comply with any
performance requirement, duty, or covenant if uncured within sixty (60) days of receiving written
notice from any other Party.
“Effective Date” shall be ________, 2025.
“Expiration Date” shall mean the earlier of:
1. ________; or
2. The date of termination, provided for under Article VII of this Agreement.
“Facility” or “Facilities” shall mean one or more facilities containing the minimum square
footage identified within Areas 1, 2 or 3 on Exhibit “C” in Schertz, Texas.
“Force Majeure” shall mean any contingency or cause beyond the reasonable control of a
party, including, without limitation, acts of God or the public enemy, war riot, civil commotion,
insurrection, government or de facto governmental action (unless caused by the intentionally
wrongful acts or omissions of a party), fires, explosions or floods, strikes, slowdowns or work
stoppages.
“Maximum Reimbursement Amount” shall mean an amount not to exceed TWO
MILLION THREE HUNDRED THOUSAND DOLLARS AND NO/100($2,300,000).
“Project” shall mean Public Infrastructure Improvements (“the Project”), including the
extension and relocation of approximately 1,874 feet of water line; sewer line extension of
approximately 2,044 feet; and the installation of approximately 1,600 feet of completed roadway
width from the existing Four Oaks Road as shown on Exhibit “B” in Schertz, Texas, and the
provision of necessary improvements for an intersecting offsite private drive, to enhance the future
thoroughfare plan of the City and as more clearly described in Exhibit “B”.
“Public Improvements” means the improvements constructed by the Developer for the
purpose of extending and relocating a water line, sewer line and public roadway to constitute the
Project, as described in Exhibit “B”.
“Reimbursement Grant” shall mean the cash payments from Corporation to Developer for
public infrastructure extension on the project site located approximately at 17680 Four Oaks Dr,
Schertz, Texas, not to exceed Maximum Reimbursement Amount.
“State of Texas” shall mean the Office of the Texas Comptroller, or its successor.
5
ARTICLE IV
ECONOMIC DEVELOPMENT INCENTIVE TERMS AND CONDITIONS
1. Incentive.
Subject to the satisfaction of all the terms and conditions of this Agreement and the obligation of
Developer to repay the Grant pursuant to Article V hereof, the Corporation agrees to provide
Developer with the following economic development incentives:
Phase I. Corporation will provide a reimbursement Grant to Developer of 60 percent of the
Actual Total Improvement costs of public improvements described in Exhibit “B” at the time the
Public Improvements are accepted by the city (“Phase I”). Developer agrees to provide
Corporation receipts of total costs, and the Reimbursement Grant shall be paid within sixty (60)
days after receipt of acceptance letter and proof of receipts.
Phase II. At the time of the Business Condition being met for one or more of the Facility
locations identified in Area 1, 2 or 3 as set forth in Exhibit “C” (“Phase II”), Corporation will
disburse to Developer the remaining 40% of the Total Improvement Cost as follows:
a) 20% upon the Developer or its tenant or assignee meeting the Business Condition for
the 60,000 sf Facility located in Area 1 set forth in Exhibit “C”.
b) 20% upon Developer or its tenant or assignee meeting the Business Condition within
the 35,000 sf Facility located in Area 2 OR obtaining a Certificate of Occupancy and
opening for business on the retail Pad Site located in Area 3 as shown on Exhibit “C”
The amount paid by the Corporation to Developer will not exceed the Maximum Reimbursement
Amount and all payments will be substantiated by receipts. The Reimbursement Grant shall be
paid within sixty (60) days after receipt of Certificate of Occupancy and information establishing
the facility has met the requirements of Business Condition.
2. Current Revenue. The funds distributed hereunder shall be paid solely from
lawfully available funds to the Corporation. Under no circumstances shall the obligations
hereunder be deemed to create any debt within the meaning of any constitutional or statutory
provision. None of the obligations under this Agreement shall be pledged or otherwise encumbered
in favor of any commercial lender and/or similar financial institution.
3. Confidentiality. The Corporation agrees, to the extent allowed by law, to keep all
tax information and documentation received, pursuant to this Agreement hereof, confidential. In
the event a request is made for such information pursuant to the Texas Public Information Act,
Corporation will not disclose the information unless required to do so by the Attorney General of
Texas under the provisions of the applicable statutes.
6
ARTICLE V
COVENANTS AND DUTIES
1. Developer’s Covenants and Duties. Developer makes the covenants and warranties
to the Corporation and agrees to timely and fully perform the obligations and duties contained in
Article IV of this Agreement. Any false or substantially misleading statements contained herein or
failure to timely and fully perform those obligations and duties within this Agreement shall be an
act of Default by the Developer.
(a) Developer is authorized to do business and is in good standing in the State
of Texas and shall remain in good standing in the State of Texas and the United
States of America during any term of this Agreement and shall timely and fully
comply with all the terms and conditions of this Agreement to commence and
complete the Project in accordance with the Agreement.
(b) The execution of this Agreement has been duly authorized by Developer’s
authorized agent, and the individual signing this Agreement is empowered to
execute such Agreement and bind the entity. Said authorization, signing, and
binding effect is not in contravention of any law, rule, regulation, or of the
provisions of Developer’s by-laws, or of any agreement or instrument to which
Developer is a party to or by which it may be bound.
(c) Developer is not a party to any Bankruptcy proceedings currently pending
or contemplated, and Developer has not been informed of any potential involuntary
Bankruptcy proceedings.
(d) To its current, actual knowledge, and subject to the Certificate of
Occupancy (or other approvals and permits to be obtained under subpart (f)
immediately below), Developer has acquired and maintained all necessary rights,
licenses, permits, and authority to carry on its business in the City of Schertz and
will continue to use its best efforts to maintain all necessary rights, licenses,
permits, and authority.
(e) Developer agrees to obtain or cause to be obtained, all necessary permits
and approvals from City of Schertz and/or all other governmental agencies having
jurisdiction over the construction of any improvements to the Project and shall be
responsible for paying, or causing to be paid, to City of Schertz and all other
governmental agencies the cost of all applicable permit fees and licenses required
for construction of the Project.
(f) Developer shall cooperate with the Corporation in providing all necessary
information to assist them in complying with this Agreement.
(g) During the term of this Agreement, Developer agrees to not knowingly
employ any undocumented workers as part of the Project, and, if convicted of a
violation under 8 U.S.C. Section 1324a (1), Developer shall be in Default (subject
to the remedies in Article V above). Developer is not liable for an unknown
violation of this Section by a subsidiary, affiliate, or franchisee of Developer or by
a person with whom Developer contracts provided however that identical federal
law requirements provided for herein shall be included as part of any agreement or
7
contract which Developer enters into with any subsidiary, assignee, affiliate, or
franchisee for which Grant provided herein will be used.
(h) Developer will maintain and prepare financial statements in accordance
with generally accepted accounting principles in the United States of America as
established by the Financial Accounting Standards Board and permit Corporation
to visit, examine, audit, inspect, and make and take away copies or reproductions
of Developer’s book of accounts and other records at mutually agreed upon times
(provided, Corporation shall pay the reasonable fees and disbursements of any
accountants or other agents of Corporation, selected by Corporation, for the
foregoing purposes). Unless written notice of another location is given to
Corporation, Developer’s books and records will be located at Four Oaks Dr.,
Schertz, Comal County, Texas 78154.
(i) Developer will grant Corporation the right to periodically (and with
reasonable advance notice) verify the terms and conditions of this Agreement.
(j) The number of new jobs or amount of payroll to be created under this
Performance agreement is zero.
2. Corporation’s Covenants and Duties. The Corporation is obliged to pay Developer
a Reimbursement Grant not to exceed the Maximum Grant Amount from sources contemplated by
this agreement, subject to Developer’s timely and full satisfaction of all applicable terms and
conditions of this agreement. Further, the Corporation’s obligations to pay Developer shall cease
after the earlier of: 1) payment in full of Maximum Grant amount; 2) reaching the Agreement’s
Expiration Date: or 3) Default by Developer in accordance with the terms of this Agreement. The
Grant payments shall be paid in conformance with Article IV Section 1 of this agreement.
3. Substantial Compliance and Default. Failure by any Party to timely and
substantially comply with any performance requirement, duty, or covenant shall be considered an
act of Default if uncured within sixty (60) days of receiving written notice from any other Party.
Failure of Developer to timely and substantially cure a default will give the Corporation the right
to terminate this Agreement, as reasonably determined by the Board of Directors of the
Corporation.
4. Recapture. In the event of Default by the Developer, or if the Business Condition
is not met, then the Corporation may,, after providing Developer written notice and a ___-day
opportunity to cure, in its sole discretion, discontinue all future Grant payments and recapture the
Grant amount paid to Developer for improvements in accordance with the table below: (as
applicable, the “Recaptured Amount”).
If Business Condition Not Met Total Public Improvement Recapture
Year 5 5%
The Recaptured Amount shall be paid by the Developer within one hundred twenty (120) days
after the date Developer is notified by the Corporation of such Default (the “Payment Date”)
provided said Default was not cured. In the event the Recaptured Amount is not repaid by the
8
applicable Payment Date, the unpaid portion thereof shall accrue interest at the rate of two
percent (2.00%) per annum from the Effective Date until paid in full.
ARTICLE VI
TERMINATION
1. Termination. This Agreement shall terminate upon the earliest occurrence of any
one or more of the following:
(a) The written agreement of the Parties;
(b) The Agreement’s Expiration Date;
(c) Default by Developer (at the option of the Corporation).
ARTICLE VII
DISPUTE RESOLUTION
1. Mediation. If a dispute arises out of or relates to this Agreement or the breach
thereof, the Parties shall first in good faith seek to resolve the dispute through negotiation between
the upper management of each respective Party. If such dispute cannot be settled through
negotiation, the Parties agree to try in good faith to settle the dispute by mediation under the
Commercial Mediation Rules of the American Arbitration Association, San Antonio, Texas,
before resorting to litigation; provided that a Party may not invoke mediation unless it has provided
the other Party with written notice of the dispute and has attempted in good faith to resolve such
dispute through negotiation. Notwithstanding the foregoing, any Party may seek immediate
equitable relief, without attempting to settle a dispute through mediation, in any case where such
Party is entitled to equitable relief by law, the terms of the Agreement, or otherwise. All costs of
negotiation and mediation collectively known as alternate dispute resolution (“ADR”) shall be
assessed equally between the Parties with each party bearing their own costs for attorneys’ fees,
experts, and other costs of ADR and any ensuing litigation.
2. During the term of this Agreement, if Developer files and/or pursues an adversarial
proceeding against the Corporation regarding this Agreement without first engaging in good faith
mediation of the dispute, then, at the Corporation’s option, all access to the funds provided for
hereunder may be deposited with a mutually acceptable escrow agent that will deposit such funds
in an interest bearing account until the resolution of such adversarial proceeding.
3. Under no circumstances will the funds received under this Agreement be used,
either directly or indirectly, to pay costs or attorney fees incurred in any adversarial proceeding
regarding this Agreement against either the Corporation or the City of Schertz.
9
ARTICLE VIII
MISCELLANEOUS
1. Binding Agreement. The terms and conditions of this Agreement shall be binding
on and inure to the benefit of the Parties, and their respective successors and assigns. The Executive
Director of the Corporation shall be responsible for the administration of this Agreement and shall
have the authority to execute any instruments duly approved by the Corporation, on behalf of the
Parties related thereto. Notwithstanding any other provision of this Agreement to the contrary,
performance of either Party under this Agreement is specifically contingent on Developer
obtaining a Certificate of Occupancy from the City of Schertz and commencing operations at the
Facility under the terms of this Agreement.
2. Mutual Assistance. The Parties will do all things reasonably necessary or
appropriate to carry out the terms and provisions of this Agreement and to aid and assist each other
in carrying out such terms and provisions.
3. Representations and Warranties. The Corporation represents and warrants to
Developer that this Agreement is within their authority, and that they are duly authorized and
empowered to enter into this Agreement, unless otherwise ordered by a court of competent
jurisdiction. Developer represents and warrants to the Corporation that it has the requisite authority
to enter into this Agreement.
4. Assignment. Developer shall have the right to assign all of its rights, duties, and
obligations under this Agreement to a duly qualified third party with prior written approval of the
Corporation. Any assignment provided for herein shall not serve to enlarge or diminish the
obligations and requirements of this Agreement, nor shall they relieve Developer of any liability
to the Corporation including any required indemnity in the event that any Assignee hereof shall at
any time be in Default of the terms of this Agreement. The Corporation may demand and receive
adequate assurance of performance including the deposit or provision of financial security by any
proposed Assignee prior to its approval of an assignment.
5. Independent Contractors.
(a) It is expressly understood and agreed by all Parties hereto that in performing
their services hereunder, Developer at no time will be acting as an agent of the
Corporation and that all consultants or contractors engaged by Developer
respectively will be independent contractors of Developer; and nothing contained
in this Agreement is intended by the Parties to create a partnership or joint venture
between the Parties and any implication to the contrary is hereby expressly
disavowed the Parties hereto understand and agree that the Corporation will not be
liable for any claims that may be asserted by any third party occurring in connection
with services performed by Developer respectively under this Agreement, unless
any such claims are due to the fault of the Corporation.
(b) By entering into this Agreement, except as specifically set forth herein, the
Parties do not waive, and shall not be deemed to have waived, any rights,
immunities, or defenses either may have, including the defense of parties, and
nothing contained herein shall ever be construed as a waiver of sovereign or official
10
immunity by the Corporation with such rights being expressly reserved to the fullest
extent authorized by law and to the same extent which existed prior to the execution
hereof.
(c) No employee of the Corporation, or any board member, or agent of the
Corporation, shall be personally responsible for any liability arising under or
growing out of this Agreement.
6. Notice. Any notice required or permitted to be delivered hereunder shall be deemed
delivered by actual delivery, or on the first business day after depositing the same in the hands of
a reputable overnight courier (such as United States Postal Service, FedEx or UPS) and addressed
to the Party at the address set forth below:
If intended for SEDC: Schertz Economic Development Corporation
Attention: Exec. Dir. of Economic Development
1400 Schertz Parkway
Schertz, TX 78154
With a copy to:
Denton, Navarro & Bernal, PC
Attention: T. Daniel Santee
2517 North Main Avenue
San Antonio, TX 78212
If to the Developer: PV Schertz, LLC
Attention: Andrew Kaplan
Address: 4350 La Jolla Village Drive, #110
Address: San Diego, CA921222
With a copy to:
AQUILA
Attention: Joe Simmons
Adress: 1717 W. Sixth Street, Suite 400
Austin, TX 78703
Cable Partners, Inc.
Attention: Day Cable
11719 FM 2244 Ste 103
Austin, TX 78738
Any Party may designate a different address at any time upon written notice to the other
Parties.
7. Governmental Records. All invoices, records and other documents required for
submission to the City pursuant to the terms of this Agreement are Governmental Records for the
purposes of Texas Penal Code Section 37.10
8. Governing Law. The Agreement shall be governed by the laws of the State of
Texas, and the venue for any action concerning this Agreement (subject to the dispute resolution
11
mechanisms of Article VIII above) shall be in the Courts of Guadalupe County. The Parties agree
to submit to the personal and subject matter jurisdiction of said court.
9. Amendment. This Agreement may be amended by mutual written agreement of the
Parties, as approved by the Board of Directors of the Corporation.
10. Legal Construction. In the event any one or more of the provisions contained in
this Agreement shall, for any reason, be held invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect other provisions of this Agreement, and it
is the intention of the Parties to this Agreement that, in lieu of each provision that is found to be
illegal, invalid, or unenforceable, a provision be added to this Agreement which is legal, valid and
enforceable and is as similar in terms as possible to the provision found to be illegal, invalid, or
unenforceable.
11. Payment of Legal Fees. Developer commits to reimburse the Corporation for the
necessary legal fees in the preparation of any amendment to this Agreement requested by
Developer. Timely payment shall be made within 60 days of submittal of invoice to Developer by
the Corporation or its assigns. Each Party shall bear its own attorney’s fees in connection with the
negotiation of this Agreement.
12. Interpretation. Each of the Parties has been represented by counsel of their
choosing in the negotiation and preparation of this Agreement. Regardless of which Party prepared
the initial draft of this Agreement, this Agreement shall, in the event of any dispute, whatever its
meaning or application, be interpreted fairly and reasonably and neither more strongly for or
against any Party.
13. Entire Agreement. This Agreement constitutes the entire agreement between the
Parties with respect to the subject matter covered in this Agreement. There is no other collateral
oral or written agreement between the Parties that, in any manner, relates to the subject matter of
this Agreement, except as provided for in any Exhibits attached hereto or duly approved
amendments to this Agreement, as approved by the Board of Directors of the Corporation.
14. Paragraph Headings. The paragraph headings contained in this Agreement are for
convenience only and will in no way enlarge or limit the scope or meaning of the various and
several paragraphs.
15. Counterparts. This Agreement may be executed in counterparts. Each of the
counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one
and the same instrument.
16. Exhibits. Any Exhibits attached hereto are incorporated by reference for all
purposes.
17. Survival of Covenants. Any of the representations, warranties, covenants, and
obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period
of time following the termination of this Agreement shall survive termination.
18. Indemnification.
12
DEVELOPER AGREES TO DEFEND, INDEMNIFY AND HOLD THE CORPORATION
AND CITY, AND THEIR RESPECTIVE OFFICERS, AGENTS AND EMPLOYEES
HARMLESS FROM AND AGAINST ANY AND ALL REASONABLE LIABILITIES,
DAMAGES, CLAIMS, LAWSUITS, JUDGEMENTS, ATTORNEY FEES, COSTS,
EXPENSES AND ANY CAUSE OF ACTION THAT DIRECTLY RELATES TO A
RESULT OF ANY ACT OR OMISSION OR BREACH OR NON-PERFORMANCE BY
DEVELOPER UNDER THIS AGREEMENT EXCEPT THAT THE INDEMNITY
PROVIDED HEREIN SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM
THE ACTION OR OMISSIONS OF THE CORPORATION OR CITY. THE
PROVISIONS OF THIS SECTION 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. IT
BEING THE INTENTION OF THE PARTIES THAT DEVELOPER SHALL BE
RESPONSIBLE FOR THE REPAYMENT OF ANY ANNUAL GRANTS PAID TO
DEVELOPER HEREIN THAT INCLUDES CITY SALES TAX RECEIPTS THAT THE
STATE OF TEXAS HAS DETERMINED WAS ERRONEOUSLY PAID, DISTRIBUTED
OR ALLOCATED TO THE CORPORATION.
19. Additional Instruments. The Parties agree and covenant to cooperate, negotiate in
good faith, and to execute such other and further instruments and documents as may be reasonably
required to fulfill the public purposes provided for and included within this Agreement.
20. Force Majeure. Whenever a period of time is herein prescribed for action to be
taken by the Developer, the Developer shall not be liable for or responsible for, and there shall be
excluded from the computation of any such period of time, any delays due to causes of any kind
whatsoever which are caused by Force Majeure.
Executed on this _______ day of ___________ 2025.
SCHERTZ ECONOMIC DEVELOPMENT
CORPORATION
By: ________________________________
Name:______________________________
13
ATTEST:
By: ________________________________
Name: ______________________________
Executed on this ______ day of __________________, 2025
DEVELOPER
PV Schertz, LLC
By: _______________________________
Name:
Title:
14
Exhibit A
Sample Annual Certification Report Form
(see attached)
15
The Annual Certification Report for the Economic Development Incentive Agreement between the City of Schertz
Economic Development Corporation and _________________, is due on February 15, 20___. Please sign and return
the Annual Certification Report form with a Developer narrative.
Annual Certification Report
Reporting Period: January 1 to December 31, 20__
I. Project Information
IV. Certification
II. Reporting Information
Employment and Wage Information:
Has the Developer employed undocumented workers? Yes No
What is the total number of Full-time Employees located at the Schertz facility during the calendar year? ______________
What is the total Annual Payroll for the Schertz facility during the calendar year? _______________
Investment Information:
What is the 20___ appraised ad valorem tax value for Tangible Personal Property? _______________
Narrative:
A brief narrative explaining the current year’s activities and/or any potential defaults has been provided? Yes No
III. Additional Information (Voluntary)
Employment:
Total full-time employees: ____________
Total annual payroll: ____________
Number of full-time jobs added in past year: ____________
Number of employees that live in Schertz, Texas: ____________
Interested in being contacted about workforce training opportunities? Yes No
Interested in being contacted for assistance with City permits? Yes No
Project Information:
Developer’s legal name: ________________________________________________________________________
Project address subject to incentive: ______________________________________________________________
Developer primary contact: ________________________________ Title: ______________________________
Phone number: ____________________________ E-mail address: ____________________________________
16
The Annual Certification Report is to be completed, signed and returned on or before February 15, 20__.
Please send an original to the following address:
Attention: Executive Director
City of Schertz Economic Development Corporation 1400 Schertz Parkway, Bldg. No. 2
Schertz, TX 78154
I certify that, to the best of my knowledge and belief, the information and attachments provided herein are true and accurate
and in compliance with the terms of Economic Development Incentive Agreement.
I further certify that the representations and warranties contained within the Agreement remain true and correct as of the
date of this Certification, and XXX Corporation. remakes those representations and warranties as of the date hereof.
I further certify that the employment and wage information provided is true and accurate to the best of my knowledge and I
can provide documentation from the Texas Workforce Commission to support my claim if so requested.
I understand that this Certificate is being relied upon by the SEDC in connection with the expenditure of public funds.
I have the legal and express authority to sign this Certificate on behalf of [Developer Name] Corporation.
.
________________________________________ _________________________________________
Name of Certifying Officer Certifying Officer’s Title
________________________________________ _________________________________________
Phone Number E-Mail Address
________________________________________ _________________________________________
Signature of Certifying Officer Date
STATE OF TEXAS X
COUNTY OF GUADALUPE X This information was acknowledged before me on this ______ day of _______________, ______ by [first and last name] , [title] for XX Corporation, a Texas corporation, on behalf of said agency.
______________________________ Notary Public, State of Texas ______________________________
Notary’s typed or printed name My commission expires _______________
17
Exhibit B
Public Infrastructure Improvements
(see attached)
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
////////////////////////////////////
///
///
/////////////////////////////////
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
OH
E
OH
E
OH
E
OH
E
OH
E
OH
E
OHE
OH
E
OH
E
OH
E
OH
E
OH
E
OH
E
OH
E
T
FOUR OAKS LANE
FO
U
R
O
A
K
S
L
A
N
E
FOUR OAKS LANE
8''WW 8''WW 8''WW 8''WW 8''WW 8''WW
8''W
W
8''W
W
8''W
W
8''W
W
WW
WW
WW
WW
WW
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
8
3
5
8
3
6
8
3
7
8
3
8
83
9
84
0
841
842
843
844
845
84
5
8''W
W
8''W
W
8''WW
8''WW
8''WW 8''WW 8''WW
WW
WW
WW
///
///
///
///
///
///
///
///
///
///
/////////////////////////////////
///
//////////////////////////////
///
///
///
///
///
///
///
///
///
///
///
844
843 842
841
SECTION 1: TOTAL PROPOSED WASTEWATER MAIN 8": 1024LF
SECTION 1: TOTAL PROPOSED SANITARY SEWER MANHOLE, 4' DIA: 5
SECTION 1: TOTAL PROPOSED WATER MAIN 12": 582LF
EXISTING WATER MAIN
TO BE ABONDONED
SECTION 1: EXISTING WATER MAIN TO CONNECT TO PROPOSED
SECTION 2: TOTAL PROPOSED WATER MAIN 12": 1054LF
SECTION 2: TOTAL PROPOSED SANITARY SEWER MANHOLE, 4' DIA: 3
SECTION 2: EXISTING WATER MAIN TO
CONNECT TO PROPOSED
SECTION 2
SECTION 1
SECTION 3: WATER MAIN TO
CONNECT TO PROPOSED
SECTION 3: +/- 240 LF ROADWAY
SECTION 2: +/- 780 LF ROADWAY
SECTION 1: +/- 580 LF ROADWAY
755 E. MULBERRY AVE, SUITE 501, SAN ANTONIO, TEXAS 78212
FIRM NO: F-15085210.860.9224
0 80'160'40'
18
Exhibit C
Project Facilities: Areas 1 – 3
(see attached)
7,
2
0
0
s
q
f
t
7,
2
0
0
s
q
f
t
New Facade
3-Sides
with Multiple
Entry
Options for
Multi-tenant
Configurations
Box Truck Loading
Aligned Curb Cut
FUTURE
DEVELOPMENT
FUTURE CONNECTIONNO M I N ,
P A D S I T E
FOUR OAKS
AREA 1 AREA 2
AREA 3
MIN 60,000
SQFT
MIN 35,000 SQFT
F O U R O A K S
EXHIBIT _____