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SCHERTZ CITY COUNCIL REGULAR SESSION MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 REGULAR AGENDA TUESDAY, MARCH 24, 2009 Regular Session 6:30
p.m. Call to Order Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. Hearing of Residents This time is set-aside for any person who wishes to
address the City Council. Each person should fill out the speaker’s register prior to the meeting. Presentations should be limited to no more than 5 minutes. Discussion by the Council
of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry,
and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to
speak in the order they have registered. Discussion and/or Action Items 1. Minutes – Discussion and/or action regarding the approval of the minutes of the Regular Meeting of March 17
2009. 2. Strategic Planning Session with Council: Discussion and consideration and/or action regarding setting time, date and logistics for Strategic Planning session with Council. (D.
Harris) 3. Resolution No. 09-R-17 – Consideration and/or action approving Resolution No. 09-R-17 authorizing a Public Facility License Agreement with Soccer Association for Youth of
San Antonio, Greater Randolph Area Youth Soccer Association, and Sa lions Futball Inc. (G. Logan) 4. Resolution No. 09-R-18 – Consideration and/or action approving resolution 09-R-18
approving an access agreement with Southwestern Freight Lines Inc. (L. Dublin) EXECUTIVE SESSION Called under Section 551.071 Litigation, pending litigation; Section 551.072 Texas Government
Code -Deliberation regarding the purchase, exchange, sale, lease, or value of real property. 3-24-09 Council Agenda
RECONVENE TO REGULAR SESSION 5. Take any additional action deemed necessary as a result of the Executive Session. Requests and Announcements 6. Requests by Mayor and Councilmembers that
items be placed on a future City Council agenda. 7. Requests by Mayor and Councilmembers to City Manager and Staff for information 8. Announcements by Mayor and Councilmembers • City
and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended •
Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items 9. Announcements by City Manager • Recognition of City
employee actions • New Departmental initiatives Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS
POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 19th DAY OF MARCH, 2009 AT 12:00 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. Brenda Dennis BRENDA DENNIS, TRMC, CMC CITY SECRETARY I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY
THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON _____DAY OF _______________, 2009. ____________________________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 all 619-1030 at least 24 hours in advance of meeting 3-24-09 City Council Agenda Page -2 -
3-24-09 City Council Agenda Page -3 -COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Baldwin Liaison -Schertz Seguin Local Government Corporation Liaison -Schertz Historical/Preservation
Committee Interview Board for Boards and Commissions Investment Advisory Committee ASA Commuter Rail District Board Councilmember Wilenchik Investment Advisory Committee Liaison – Animal
Advisory Board Liaison -Schertz Chamber of Commerce Liaison -Board of Adjustment Audit Committee Interview Board for Boards and Commissions Liaison – TIRZ II Board AACOG Advisory Committee
AACOG Economic Development TML Board of Directors TML Municipal Revenue & Taxation Committee Councilmember Fowler Liaison -Schertz Economic Development Corporation Liaison -Parks & Recreation
Advisory Board Interview Board for the Boards and Commissions Mayor Pro-Tem Carpenter Liaison -Library Advisory Board Liaison -Planning and Zoning Commission Liaison -50th Year Anniversary
Committee Liaison -Schertz Youth Commission Liaison – TIRZ II Board Hal Baldwin Scholarship Committee Councilmember Scagliola Liaison – Animal Advisory Board Liaison -Transportation
Safety Advisory Commission Liaison -Schertz Humane Society Alternate Interview Board for Boards and Commissions Liaison – Schertz Sweetheart Court Councilmember Trayhan Liaison -Schertz
Housing Authority Audit Committee Hal Baldwin Scholarship Committee
Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: March 24, 2009 Department: Administration Subject: Minutes BACKGROUND On March 17, 2009 a Regular City Council Meeting was
held at the Municipal Complex Council Chambers at 6:30 p.m., 1400 Schertz Parkway Building #4. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approval of the March 17, 2009
minutes. ATTACHMENT Minutes 03-17-09
MINUTES REGULAR MEETING March 17, 2009 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on March 17, 2009 at 6:30 p.m., in the Municipal Complex
Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit: Mayor Hal Baldwin Mayor Pro-Tem Michael Carpenter Councilmember Jim Fowler
Councilmember David Scagliola Councilmember John Trayhan Councilmember Tony Wilenchik Staff Present: City Manager Don Taylor Assistant City Manager John Bierschwale Assistant City Manager
David Harris City Attorney Michael Spain City Secretary Brenda Dennis CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:30 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE
TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Mayor Pro-Tem Carpenter gave the Invocation followed by the Pledges of Allegiance to the Flags of the United States and State of
Texas. PRESENTATIONS • Check presentation to Cancer Therapy & Research Center and recognition of winners from the First Annual Wilenchik Walk for Life held on Saturday, March 7, 2009.
(J. Bierschwale) Mayor Baldwin recognized Councilmember Wilenchik, Valerie Wilenchik, and Assistant City Manager John Bierschwale who had a check for $27,015.75 which will be presented
to CTRC. Mayor Baldwin recognized the various volunteers and presented them with a certificate of appreciation. • Presentation and consideration and/or action authorizing the proposed
issuance of $6,600,000 general obligation bonds (from the 2006 Bond Election), setting a timetable for the proposed sale, authorizing the staff and financial advisor to begin preparing
for the bond sale, and authorizing other matters related thereto. (Mark McLiney and Ryan Cunningham – Southwest Securities) Mayor Baldwin recognized Mr. Mark McLiney and Ryan Cunningham
with Southwest Securities who gave a briefing on the proposed issuance of $6,600,000 in GO Bonds asking for Council directions as well as addressing their questions and concerns. After
considerable discussion, it was the desire of the Council to have 3-10-09 Minutes
Mr. McLiney proceed to issue the bonds on August 4, 2009 but if trends change, he would be back before that date to address Council. Mr. McLiney stated that he would also keep staff
updated on how the market is proceeding. Mayor Baldwin recognized Mayor Pro-Tem Carpenter who moved, seconded by Councilmember Trayhan to move forward with the timetable of events as
presented this evening for an August 4, 2009 bond sale with September 9, 2009 bond closing. Vote was unanimous. Motion Carried. REPORTS • Project Report – Project status report regarding
the Library and Recreation Center (L. Dublin) Mayor Baldwin recognized City Engineer Larry Dublin who provided a brief report and update on the Library and Recreation Center projects
answering questions from Council. HEARING OF RESIDENTS Mayor Baldwin recognized the following citizens: • Christie Bourquin, Interim President/CEO Schertz Chamber of Commerce, who made
the following announcements: Wednesday, March 18th at 5 pm -Ribbon Cutting and Grand Opening at La Quinta Inn & Suites on IH35. Thursday, March 19th 5:30-7:30 pm Schertz Chamber After
Hours Mixer at Realty Executives Simmonds Group -17331 IH35 (same shopping center as LongShotz). Wednesday, March 25th at 2 pm Ribbon Cutting -Pawderosa Ranch 120 Windy Meadows. Friday,
March 27th 12:00 pm – Chamber Monthly Luncheon Schertz Civic Center – Speaker Jami Rasco, VP of Retail Banking Administration at Frost Bank. Subject Fraud: How to Protect Your Business.
New Program The Schertz Chamber will be rolling out a useful and exciting educational business program in April on how to effectively market your business. This luncheon will be part
of the Lunch on the Go series and will feature information on marketing in turbulent economic times. 3-17-09 Minutes Page -2 -
• Mr. Harry Whitney, 3625 Fox Run, who provide Council with photos and a petition from residents of Scenic Hills Community for the following to be taken up at a City Council Meeting
as soon as possible: -Study by an independent hydrological engineer (Schertz expense) of the Pulte Development before any further work is done, with the rescinding of the approval of
the development if recommended by that engineer; -Suspension of further development by Pulte until some storm drainage system can be completed and the retaining wall built now to prevent
such further runoff requiring remediation in their community; -An examination of the storm drain to determine how much damage has occurred, with special emphasis on the sewer on Hillside
Drive which has eroded further as a result of the runoff; -Repair and adoption of the Scenic Hills streets by the City of Schertz due to the runoff damage to those streets resulting
from the City’s approval of the Pulte project, and supervision of future cleanups. • Ms. Rosemary Grayson, 5213 Cabana Drive, stated how proud she is of the City, their staff and volunteers,
for taking their time to assist citizens with their concerns. She went on to thank all the staff for their other activities within the City. • Mr. Vincent Huebinger and Chris Nixon representing
Verizon Wireless who spoke regarding agenda Item 4, City of Schertz Tower Lease agreement with San Antonio MTA, L.P., D/B/A Verizon Wireless asking the City to consider a removal date
of July 31, 2009 instead of May 16, 2009. EXECUTIVE SESSION Called under Section 551.071 (Consultation with Attorney), Litigation, pending litigation; Section 551.072 Texas Government
Code -Deliberation regarding the purchase, exchange, sale, lease, or value of real property. Mayor Baldwin recessed into executive session at 7:50 p.m. RECONVENE TO REGULAR SESSION Mayor
Baldwin reconvened into regular session at 8:53 p.m. Discussion and/or Action Items 1. Minutes – Discussion and/or action regarding the approval of the minutes of the Regular Meeting
of March 10, 2009. 3-17-09 Minutes Page -3 -
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Scagliola to approve the minutes of March 10, 2009. Vote was unanimous. Motion Carried. 2. Ordinance
No. 09-M-08 – Consideration and/or action amending the Code of Ordinances Chapter 50 Article IX Section 50-306 through Section 50-312 regulations of Graffiti in the City of Schertz.
Final Reading (B. Todd) Mayor Baldwin recognized City Marshal Beverly Todd who introduced this item stating that no changes have been made since first reading. Mayor Baldwin recognized
Councilmember Wilenchik who moved, seconded by Councilmember Trayhan to approve Ordinance No. 09-M-08 final reading. Vote was unanimous. Motion Carried 3. Ordinance No. 09-F-09 -Consideration
and/or action approving an ordinance revising the rates for Bexar Waste. Final Reading (J. Bierschwale) Mayor Baldwin recognized Assistant City Manager John Bierschwale who introduced
this item stating that nothing had changed since first reading. Mayor Baldwin recognized Mayor Mayor Pro-Tem Carpenter who moved, seconded by Councilmember Wilenchik to approve Ordinance
No. 09-F-09 final reading. Vote was unanimous. Motion Carried 4. Resolution No. 09-R-14 -Consideration and/or action approving a resolution authorizing a City of Schertz Tower Lease
Agreement with San Antonio MTA, L.P., D/B/A Verizon Wireless, and other matters in connection therewith. (Spain/Cantu) Mayor Baldwin recognized City Attorney Michael Spain who introduced
this item stating that the City has received comments from the Verizon representative asking to grant more time to become operational on the water tank. Mr. Spain stated that after executive
session, an offer of providing 30 additional days for the operational requirement of the water tank in exchange for the deletion of the rent abatement was made to Verizon and it was
acceptable, as he understood. Mayor Baldwin recognized Mr. Chris Nixon who came forward stating that they really need until July 31, 2009 due to their scheduling timeline. After further
Council discussion, Mayor Baldwin recognized Councilmember Wilenchik who moved, seconded by Councilmember Trayhan to approve Resolution No. 09-R-14 with the additional 30-day extension
in exchange for the deletion of the rent abatement. Vote was unanimous. Motion Carried Requests and Announcements 5. Requests by Mayor and Councilmembers that items be placed on a future
City Council agenda. 3-17-09 Minutes Page -4 -
Mayor Baldwin recognized Councilmember Fowler who stated that the Ashley Place HOA would like to discuss the sale of the 2 acres on Schertz Parkway, and requested this to be placed on
a future agenda to be discussed. City Attorney Michael Spain briefed the Council on this item stating that he would be updating the Council next week regarding the outcome of the HOA
meeting. Mayor Baldwin recognized Councilmember Trayhan who asked if it was necessary to place an item on a future agenda to address Mr. Whitney’s concern regarding Scenic Hills. City
Manager Don Taylor stated that this issue has been addressed with the HOA; Pulte responded quickly to the HOA’s concerns and at this time, there are no other issues. Mayor Baldwin asked
if an item could be placed on the next agenda authorizing the City Manager to sign an access agreement with Southwestern Freight Lines Inc., to conduct a GEO technical test related to
utility relocation along FM 3009. 6. Requests by Mayor and Councilmembers to City Manager and Staff for information No requests were noted. 7. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended
• Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Mayor Baldwin recognized Councilmember Scagliola who
stated the pavilion project is coming along nicely especially with the rocks along the piers and gave kudos to George Logan on overseeing the project. Councilmember Scagliola also noted
that the Farmers Market was out there and it looked to him they had good produce and announced next week they will have strawberries. 8. Announcements by City Manager • Recognition of
City employee actions • New Departmental initiatives Mayor Baldwin recognized Assistant City Manager David Harris who stated San Antonio is considering the San Antonio ETJ release over
the next few months. Should be going to San Antonio City in June. He gave kudos to Misty Nichols for assisting in this project. 9. Take any action deemed necessary as a result of the
Executive Session No action taken. 3-17-09 Minutes Page -5 -
3-17-09 Minutes Page -6 -ADJOURNMENT As there was no further action, Mayor Baldwin adjourned the meeting at 9:10 p.m. ___________________________________ Hal Baldwin, Mayor ATTEST: __________________
____________________ Brenda Dennis, TRMC, CMC City Secretary
Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: March 24, 2009 Department: City Manager Subject: Strategic Planning Session with Council: Discussion and consideration and/or
action regarding setting time, date and logistics for Strategic Planning session with Council. (D. Harris) BACKGROUND City Council’s strategic planning session will be held Saturday,
March 28 at the GVEC offices, 908 Curtiss Ave., beginning at 8 a.m. and running until approximately 3 or 4 p.m. The workshop will focus on defining the City’s vision and goals regarding
future economic, social, and cultural environments. Once Saturday’s session is complete, Briseño and Associates will compile the results into a documented action plan. Should Council
want to pursue branding for the City, this firm is available to do so. Enclosed is a copy of the executed proposal which include the resumes of Alex and Mary Briseño. Breakfast and lunch
will be provided. Please contact Cindy, 210-619-1017, should you have any special dietary requests. FISCAL IMPACT $3,500. This item is funded out of the City Council budget. RECOMMENDATION
ATTACHMENT Briseño and Associates engagement packet. 50162783.1
Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: March 24, 2009 Department: Parks and Recreation Subject: Resolution No. 09-R-17 -Authorizing a Public Facility License Agreement
with Soccer Association for Youth of San Antonio, Greater Randolph Area Youth Soccer Association, and Sa lions Futball Inc. BACKGROUND The City acquired 42 acres at 75 Maske Road for
use as a soccer complex, and City Staff recommends that the City enter into a Public Facility License Agreement with Soccer Association for Youth of San Antonio, Greater Randolph Area
Youth Soccer Association, and SA Lions Futball Inc. to operate the complex for a period ending September 30, 2020. FISCAL IMPACT The City will receive an annual fee of $1; $10 per non-Schertz
resident, per team season; $5 per participant or $25 per team for clinics, tournaments, and special events; 50% of parking revenues (if any); and 30% of utility charges. The City will
be responsible for 70% of utility charges. The Soccer Alliance will be responsible for all maintenance and upkeep of the fields and facilities and for providing most equipment for use
of the property. The City will maintain the existing lighting systems and fencing. Beginning with the period October 1, 2009 through September 30, 2010, each member organization of the
Soccer Alliance will make an annual donation to the Schertz Parks and Recreation Foundation in the amount of $5 per participant, per season (not to exceed a total annual donation per
organization of $5,000). RECOMMENDATION Adoption of Resolution No. 09-R-17 ATTACHMENT Resolution No. 09-R-17, with Public Facility License Agreement attached. 50162783.1
RESOLUTION NO. 09-R-17 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PUBLIC FACILITY LICENSE AGREEMENT WITH SOCCER ASSOCIATION FOR YOUTH OF SAN ANTONIO,
GREATER RANDOLPH AREA YOUTH SOCCER ASSOCIATION, AND SA LIONS FUTBALL INC., AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council (the “City Council”) of the City of Schertz
(the “City”) has determined that it is in the best interest of the City to enter into a Public Facility License Agreement with Soccer Association for Youth of San Antonio, Greater Randolph
Area Youth Soccer Association, and SA Lions Futball Inc., relating to utilization of the City’s soccer fields at 75 Maske Road; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver a Public Facility License Agreement with the parties described
therein in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the 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 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. PASSED AND ADOPTED, this 24th day of March, 2009. CITY OF SCHERTZ, TEXAS Mayor ATTEST:
City Secretary (CITY SEAL) 50162780.1
EXHIBIT A PUBLIC FACILITY LICENSE AGREEMENT See attached 50162780.1 A-1
PUBLIC FACILITY LICENSE AGREEMENT This Public Facility License Agreement (this “Agreement”) dated and effective as of March 31, 2009 (the “Effective Date”) is between the City of Schertz,
Texas, a Texas home rule city (the “City”), and an unincorporated affiliation of three Texas non-profit corporations: Soccer Association for Youth of San Antonio, Greater Randolph Area
Youth Soccer Association, and SA Lions Futball Inc. (collectively, the “Soccer Alliance”). RECITALS WHEREAS, the City owns and operates various properties for the use and benefit of
its citizens, including a current complex of twelve soccer fields located on approximately 42 acres at 75 Maske Road, Schertz, Texas (the “City Soccer Fields”); WHEREAS, each of the
organizations making up the Soccer Alliance is organized for the purpose of providing organized youth soccer and other recreational services activities to the youth of the City and surrounding
areas; WHEREAS, the three organizations making up the soccer Alliance intend to form a single legal entity which will succeed to the rights and obligations of the Soccer Alliance, as
further described in Section 4.02 of this Agreement; and WHEREAS, the City and the Soccer Alliance desire to enter into this Agreement to support youth athletic programs on behalf of
the City; and NOW, THEREFORE, the City and the Soccer Alliance agree as follows: ARTICLE I PURPOSE 1.01 Purpose. The purpose of this Agreement is to establish the terms and conditions
under which the Soccer Alliance will use the City Soccer Fields and other property described in Section 2.01 below, for the operation of its component organizations’ recreational services
for the youth of the City and related activities. ARTICLE II LICENSE 2.01 Licensed Property. In consideration of the obligations herein contained to be performed by the Soccer Alliance,
the City hereby grants to the Soccer Alliance a nonassignable, revocable license to use (a) the City Soccer Fields, and (b) all City-owned improvements and equipment located on the City
Soccer Fields on the date hereof and described on Exhibit A (together, the “Licensed Property”). 2.02 City Use. The City shall have exclusive use of the Licensed Property from July 1
through July 6 of each year. The Soccer Alliance shall not schedule any event at such time at the Licensed Property without the prior written consent of the City Manager. 50154733.3
1
2.03 Other Users. The City agrees that the Soccer Alliance shall be the primary licensee of the Licensed Property. The Soccer Alliance agrees that it will make available two fields on
the Licensed Property for joint use with the Buffalo Valley Youth Association (“BVYA”) for Fall football league play. The two designated fields will be equipped, at the expense of BVYA,
with combination football/soccer goals to facilitate this joint use. Any other organization or group desiring to use the Licensed Property during the term of this Agreement shall contact
the Soccer Alliance, and the Soccer Alliance agrees to make reasonable efforts to make the Licensed Property available to such other parties pursuant to Section 5.02 if such requested
use does not conflict with activities scheduled by the Soccer Alliance, BVYA, or as otherwise required by this Agreement. Under any such sublicense, the Soccer Alliance will retain full
responsibility for its obligations relating to the Licensed Property. When the Licensed Property is not in use by the Soccer Alliance for scheduled practices, clinics, tournaments, or
similar activities, league play, required maintenance, or use by another party pursuant to Section 5.02, the City Soccer Fields (but not the improvements and equipment described on Exhibit
A) shall be available for use by the general public during normal hours. 2.04 Restrictions on Other Uses. The Soccer Alliance may not use or authorize the use of the Licensed Property
for political or sectarian activity or for any other activity not authorized by this Agreement. 2.05 Term. The initial term of this Agreement shall be from the Effective Date through
September 30, 2010. This Agreement shall automatically extend thereafter for successive one (1) year periods for up to ten (10) annual renewals (through September 30, 2020) unless either
the City or the Soccer Alliance notifies the other in writing not later than ninety (90) days prior to the end of the then current term of this Agreement that it does not want to extend
the term hereof. This Agreement, and the parties’ obligations hereunder, shall terminate at the end of the then-current term if either party gives such notice. 2.06 Termination. Notwithstanding
the provisions of Section 2.04, this Agreement shall terminate under the circumstances described in Section 4.02, and either party may cancel this Agreement at any time by giving ninety
(90) days written notice to the other party of its intention to terminate this Agreement. ARTICLE III CONSIDERATION 3.01 Fees. The Soccer Alliance shall pay an annual license fee under
this Agreement of $1.00 per year, payable to the City. Such license fee is due and payable no later than the Effective Date and every October 1 thereafter, beginning on October 1, 2009.
3.02 Non-Resident Surcharge. The Soccer Alliance anticipates that a majority of participants in Soccer Alliance activities and using the Licensed Property shall be residents of Schertz.
The Soccer Alliance shall charge non-residents of Schertz participating in season-long activities on the Licensed Property (including season-long activities authorized pursuant to Section
5.02) $10 per season, commencing with the season beginning after the Effective Date of this Agreement. The Soccer Alliance shall remit such additional surcharges to the City for each
season of activity no later than thirty (30) days after the commencement of each season of each 50154733.3 2
year of this Agreement. The Soccer Alliance shall provide the Director of Parks and Recreation a schedule of all seasonal activities on the Licensed Property. 3.03 Utilities and Parking.
(a) The City agrees to pay all electric, water, and sewer utility charges for the Licensed
Property and concession facilities located thereon. Commencing with the first complete billing cycle after the Effective Date of this Agreement, the Soccer Alliance agrees to reimburse
the City for thirty percent (30%) of all such electric, water, and sewer utility charges. Payments shall be made by the Soccer Alliance to the City monthly within thirty (30) days after
invoicing from City. (b) The Soccer Alliance may charge a fee to spectators for viewing and/or parking while attending any event to help defray the cost of such events and serve as a
Soccer Alliance fundraiser. The Soccer Alliance shall pay to the City fifty percent (50%) of the receipts, if any, for parking on the Licensed Property, with such payment due to the
City within thirty (30) days after the date of collection of such receipts. 3.04 Permits. The Soccer Alliance shall be responsible for obtaining all required permits from the City relating
to operation of the Licensed Property under this Agreement, including, but not limited to, food handlers’ licenses, health inspection permits, and electrical, plumbing, and construction
permits. Electrical, plumbing, and construction permit fees imposed by the City may be waived on a case-by case basis by the Schertz City Manager. 3.05 Payments to City. The three constituent
organizations shall establish a bank account from which all payments to the City under this Agreement may be issued, with each such payment being made by a single check. 3.06 Joint and
Several Obligation. EACH OF THE THREE CONSTITUENT ORGANIZATIONS OF THE SOCCER ALLIANCE AGREES THAT IT IS JOINTLY AND SEVERALLY LIABLE FOR ALL PAYMENTS OR COST OBLIGATIONS OF THE SOCCER
ALLIANCE SET FORTH HEREIN. 3.07 Schertz Parks and Recreation Foundation. Each of the constituent organizations of the Soccer Alliance agrees that, each year of this Agreement, commencing
with the initial period of October 1, 2009 through September 30, 2010, it will donate $5 per participant per season, but subject to a maximum annual contribution pursuant to this Section
of $5,000 per year, to the Schertz Parks and Recreation Foundation for future enhancements of the City’s parks and recreation facilities. Such payments shall be due on October 1 of each
year, commencing October 1, 2010. Following formation of the Soccer Alliance organization described in Section 4.02, this contribution requirement will apply to each organization which
is a member of the Soccer Alliance organization, not to the Soccer Alliance organization itself. ARTICLE IV ADDITIONAL AGREEMENTS 4.01 Soccer Alliance Representative. The Soccer Alliance
constituent organizations shall designate an individual as their Authorized Representative who shall have full authority to 50154733.3 3
act for the Soccer Alliance and to bind the constituent organizations regarding any matter under this Agreement. The initial Authorized Representative is Ed Quini. The constituent organizations
of the Soccer Alliance may designate a different Authorized Representative from time to time by written notice to the City signed by an officer of each constituent organization. 4.02
Formation of Soccer Alliance Organization. The three constituent organizations of the Soccer Alliance agree to form a Texas member non-profit corporation to represent them under this
Agreement in substitution for the unincorporated Soccer Alliance. It is currently expected that such organization will be named Schertz Youth Soccer Alliance. Such non-profit corporation
shall be formed in a manner that will qualify it as a 501(c)(3) organization under Federal tax law, and such non-profit corporation shall apply to the Internal Revenue Service for determination
as a 501(c)(3) organization. This Agreement shall terminate if such application is not made to the Internal Revenue Service and confirmed to the City by June 1, 2009 or if such determination
is not received from the Internal Revenue Service and confirmed to the City by June 1, 2010. Upon formation, such non-profit corporation shall succeed to the rights and obligations of
the three constituent organizations of the Soccer Alliance hereunder pursuant to Section 12.03. Such non-profit organization will require its members to honor the terms of Section 3.07.
4.03 Concessions; Other Improvements. In addition to the concession facilities described on Exhibit A, the Soccer Alliance may, with the prior written consent of the City Manager, place
(at its sole expense) and operate concession facilities on the Licensed Property for Soccer Alliance activities during Soccer Alliance events. The Soccer Alliance may also place fences,
bleachers, and other appropriate equipment or improvements on the Licensed property at its sole expense and with the prior written consent of the City Manager. 4.04 Financial Reporting.
The Soccer Alliance shall submit a copy of its unaudited annual financial statement for the previous year to the City Manager’s office no later than February 1 of each year of this Agreement,
commencing February 1, 2010. This statement shall reflect all revenues and expenditures incurred during the prior Soccer Alliance fiscal year (January 1 through December 31). Following
the formation of the Soccer Alliance non-profit corporation described in Section 4.02, the City reserves the right to require the Soccer Alliance to submit a certified financial audit
conducted by a registered certified public accountant upon request, on dates to be agreed to by the Soccer Alliance and the City. 4.05 Annual Report. On October 1 of each year of this
Agreement, the Soccer Alliance shall provide City’s Director of Parks, Recreation, and Community Services with a report detailing the services it has provided since the Effective Date
or the preceding October 1, as applicable, which report shall address at least the performance indicators identified in Exhibit B. 4.06 Calendar of Events. The Soccer Alliance shall
provide the City’s Director of Parks, Recreation, and Community Services a yearly calendar, updated monthly on the first of the month, of anticipated usage for the Licensed Property.
An overall schedule of sport programs and their season beginning dates at the Licensed Property shall be provided to the City on the Effective Date and no later than October 1 of each
year of this Agreement. 50154733.3 4
ARTICLE V SPECIAL ACTIVITIES AND SUBLICENSING 5.01 Hosting of Clinics, Tournaments, and Similar Events. The Soccer Alliance shall have authority to host clinics, tournaments, and similar
events on the Licensed Property. Commencing with the first season after the Effective Date of this Agreement, the Soccer Alliance will charge for participation in such events and pay
to the City a fee of $25.00 per team or $5.00 per person if not a team activity. Such fee shall not apply to tryouts for team membership. Such fee shall be remitted to the City within
thirty (30) days after each such event. 5.02 Sublicensing of Ball Fields and Concessions. The City grants the Soccer Alliance the right to sublicense the Licensed Property to non-Soccer
Alliance groups for recreational purposes. The Soccer Alliance will be responsible for coordinating all such sublicensing. Fees charged by the Soccer Alliance for sublicensing must be
approved in advance in writing by the City’s Director of Parks, Recreation, and Community Services. The Soccer Alliance shall be responsible for all maintenance, clean-up, and providing
necessary field equipment such as goals, nets, field chalk, scoreboards, and other necessary equipment when sublicensing fields and/or concessions to other parties. No such sublicensing
shall release the Soccer Alliance from any of its obligations hereunder. ARTICLE VI FACILITY EQUIPMENT AND MAINTENANCE 6.01 Improvements to Facilities. The Soccer Alliance shall not
make any alterations, additions, or improvements to the Licensed Property without the prior written consent of the City Manager, which consent will not be unreasonably withheld. All
alterations, additions, or improvements made by the Soccer Alliance shall become the property of the City at the termination of this Agreement. 6.02 Damages to Licensed Property. The
Soccer Alliance shall repair, replace, or reimburse the City for any and all damages to the Licensed Property incurred caused by misuse, negligence, and/or deliberate act by the Soccer
Alliance, its constituent organizations, Soccer Alliance event participants or spectators, or any sublicensee. 6.03 City Inspections. The Director of Parks, Recreation, and Community
Services or his/her designee and the Soccer Alliance shall inspect the Licensed Property at least annually to review its condition and then-current or anticipated repair needs. The Director
of Parks, Recreation, and Community Services or his/her designee shall file an annual report on the result of the inspection with the City Manager on or before October 1 of each year.
The City reserves the right to inspect the Licensed Property at any time. 6.04 Soccer Field Equipment. The Soccer Alliance shall provide equipment for the City Soccer Fields in addition
to the City-owned equipment described on Exhibit A, including soccer goals, nets, scoreboard controllers, chalking machines, mowers, tractors, field groomers, and other similar equipment.
The Soccer Alliance will maintain in good repair, and replace when damaged or obsolete, all equipment provided by the City and described on Exhibit A. 50154733.3 5
6.05 Soccer Field Maintenance. The Soccer Alliance shall provide all appropriate daily maintenance, cleaning, inspection, and other routine maintenance of the Soccer Fields, including
grass mowing, aeration, and fertilizing and maintenance of the irrigation system. 6.06 Facility Maintenance 6.06.1 Soccer Alliance. The Soccer Alliance shall perform all required maintenance
on the existing concession facilities and all additional authorized concession facilities and all bleachers and any other improvements placed on the Licensed Property pursuant to Section
4.03. The Soccer Alliance shall be responsible for furnishing and maintaining all concession equipment including but not limited to ice machines, fountain drink dispensing equipment,
fryers, grills, freezers, refrigerators, and other assorted food preparation and storage equipment. The Soccer Alliance agrees to keep concession stands and other facilities operated
by it within the Licensed Property, including restrooms, clean and free from all refuse. 6.06.2 City. The City agrees to perform maintenance on lighting systems and fencing on the Licensed
Property on the Effective Date and to repair structural damage on concession and restroom facilities on the Licensed Property on the Effective Date. Recommended repair work orders may
be submitted by the Soccer Alliance’s Authorized Representative to the Director of Parks, Recreation, and Community Services. If required repair is the result of damage by the Soccer
Alliance, its volunteers or participants at events authorized by the Soccer Alliance, the Soccer Alliance shall be responsible for the cost of such repairs. ARTICLE VII CONCESSIONS 7.01
Exclusive Right. The Soccer Alliance shall have the exclusive right to furnish concession services selling consumer items usually and customarily sold at sporting event concession facilities
(but not including alcoholic beverages) on the Licensed Property for Soccer Alliance-sponsored and organized events including clinics, tournaments, and similar events. 7.02 Reservation
Reservation of Rights. The City reserves the right to operate concessions at City-designated or operated events. ARTICLE VIII FACILITY ADVERTISING 8.01 Exclusive Right. The Soccer Alliance
shall have the exclusive rights to solicit and display advertising at the City Soccer Fields, including banners and scoreboard panels. All advertising banners and signs shall be appropriate
for youth-related activities. 8.02 Prohibited Signs, Locations. Signs erected pursuant to Section 8.01 are exempt from sign-permitting requirements, but no sign shall be erected that
is otherwise in violation of the City’s Unified Development Code. Under no circumstances shall signs be affixed to utility poles, light poles, traffic control devices, or to a building
or parking location or directional 50154733.3 6
signage. The City Manager or his/her designee may order the removal of any sign that is deemed by him/her to be out of compliance or in poor taste. 8.03 Material. All advertising banners
attached to fencing shall be made of light-weight banner material. No wood advertising panels may be attached to any fencing. 8.04 Securing Advertising Material. All advertising attached
to City-owned structures or fences must be done to ensure the safety of users and visitors. 8.05 Damage, Repair. The Soccer Alliance shall be responsible for all damages caused by banners
or other advertising signs on City property. ARTICLE IX INSURANCE 9.01 City Insurance. The City shall provide insurance it deems appropriate for all facilities and equipment described
on Exhibit A. 9.02 Soccer Alliance Insurance. The Soccer Alliance shall maintain commercial general liability insurance in the amount of at least $1,000,000 per occurrence, $1,000,000
annual aggregate, naming the City as additional insured, and shall provide the City with a certificate of insurance for that policy. The Soccer Alliance shall also maintain statutory
workers compensation insurance and shall provide the City with a certificate of insurance for that policy granting a waiver or subrogation in favor of the City. ARTICLE X RELEASE AND
INDEMNIFICATION 10.01 THE SOCCER ALLIANCE AND ITS THREE CONSTITUENT ORGANIZATIONS EACH RELEASE AND INDEMNIFY THE CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL LIABILITY
CLAIMS, DEMANDS, DAMAGES, EXPENSES, FEES, FINES, PENALTIES, SUITS, PROCEEDINGS, ACTIONS, AND CAUSES OF ACTION OF ANY AND EVERY KIND AND NATURE ARISING OR GROWING OUT OF OR IN ANY WAY
CONNECTED WITH THIS AGREEMENT, INCLUDING FOR THE NEGLIGENCE OF THE CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES. THIS OBLIGATION TO INDEMNIFY SHALL INCLUDE THE RETENTION OF LEGAL COUNSEL
FOR THE CITY AND THE OTHER INDEMNIFIED PARTIES, AND INVESTIGATION COSTS AND ALL OTHER REASONABLE COSTS, EXPENSES, AND LIABILITIES OF THE CITY AND THE OTHER INDEMNIFIED PARTIES ARISING
FROM THE INITIAL NOTICE THAT A CLAIM OR DEMAND HAS BEEN MADE OR MAY BE MADE. ARTICLE XI NOTICES 11.01 Notices. Unless otherwise provided in this Agreement, any notice, communication,
request, or advice (herein severally and collectively for convenience called “notice”) herein provided or permitted to be given, made or accepted by either party to the other shall be
in writing and may be given or be served by depositing the same in the United States Mail, postpaid and registered or certified and addressed to the party to be notified, with return
50154733.3 7
receipt requested, or by delivering the same to the City Manager of the City or the Authorized Representative of the Soccer Alliance, or by facsimile, when appropriate, addressed to
the party to be notified. Except as set forth below, notice given shall be effective only if and when received by the party to be notified. Notice deposited in the Mail in the manner
herein above described shall conclusively deemed to be effective, after the expiration of three (3) days after it is so deposited. For the purposes of notice, the addresses of the parties
shall, until change as hereinafter provided, be as shown below. The parties may specify any other address in the State of Texas by at least fifteen (15) days written notice to the other
party. If to the City to: City of Schertz, Texas 1400 Schertz Parkway Schertz, Texas 78154 Attention: City Manager If to Soccer Alliance to: Schertz Youth Soccer Alliance P. O. Box 205
Schertz, Texas 78154 ARTICLE XII GENERAL AND MISCELLANEOUS PROVISIONS 12.01 Regulatory Requirements. This Agreement and the obligations of the parties hereunder are subject to all rules,
regulations, and laws that may be applicable by the United States, the State of Texas, the City, or any other political subdivision regulatory agency having jurisdiction. 12.02 Non-Discrimination.
The Soccer Alliance shall not discriminate against any participant or volunteer on the basis of age, race, sex, creed, religion, or national origin, or participant on the basis of race,
sex, creed, religion or national origin. The Soccer Alliance shall comply with all applicable local, state, and federal employment, opportunity, and affirmative action rules, regulations,
and laws. 12.03 Assignment. Upon written request by the City, the non-profit corporation formed pursuant to Section 4.02 shall succeed to the rights and obligations of the Soccer Alliance
and its three constituent organizations hereunder, and the City may evidence such succession by requiring the three constituent organizations to assign their interests to such such non-profit
corporation. Neither the three constituent organizations of the Soccer Alliance nor their non-profit corporation successor hereunder may assign their or its interests hereunder without
the prior written consent of the City. 12.04 Implied Waiver. The failure of either party hereto to insist, in any one or more instances, upon performance of any the terms, covenants,
or conditions of this Agreement shall not be construed as a waiver or relinquishment of the future performance of any such term, covenant or condition by the other party hereto, but
the obligation of such other party with respect to such future performance shall continue in full force and effect. 50154733.3 8
12.05 Independent Contractor; No Agency. The Soccer Alliance is an independent contractor and operator and is solely responsible to all third parties for its acts or omissions. Under
no circumstances shall the Soccer Alliance be or be deemed to be an agent of the City, and the Soccer Alliance shall have no authority to obligate the City financially or otherwise.
12.06 Severability. The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof
to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application
of such word, phrase, clause, sentence, paragraph, section or other part of this Agreement to the other persons or circumstances shall not be affected thereby. 12.07 Merger. This Agreement
constitutes the entire agreement between the parties relative to the subject matter hereof. There are no agreements, covenants, representations, or warranties between the parties as
to the subject matter hereof other than those expressly stated or provided for herein. 12.08 Cooperation. Each party hereby agrees that it shall take all actions and execute all documents
necessary to fully carry out the purposes and intent of this Agreement. 12.09 Governing Law. This Agreement shall be construed under and in accordance with the laws of the State of Texas,
and all obligations of the parties created hereunder are performable in Guadalupe County, Texas. 12.10 Amendments. No amendment, modification, or alteration of the terms hereof shall
be binding unless it is in writing, dated subsequent to the date of this Agreement, and duly executed by the parties. [The remainder of this page intentionally left blank.] 50154733.3
9
50154733.3 10 IN WITNESS WHEREOF, this Agreement is executed in duplicate originals as of the Effective Date. CITY OF SCHERTZ, TEXAS By: Don Taylor, City Manager SOCCER ALLIANCE SOCCER
ASSOCIATION FOR YOUTH OF SAN ANTONIO By: Ed Quini, President GREATER RANDOLPH AREA YOUTH SOCCER ASSOCIATION By: Emery Kelly, President SA LIONS FUTBALL, INC. By: Dan Head, President
EXHIBIT A CITY-OWNED IMPROVEMENTS AND EQUIPMENT • 12 soccer fields with operating irrigation system • 30 soccer goals and nets • 10 light poles and related electrical panel • 3 small
pavilions/kiosks • 4,925 linear feet of chain link fencing and gates 50154733.3 A-1
EXHIBIT B PERFORMANCE MEASURES Schertz Resident Participants Non-Schertz Resident Participants Boys Girls Boys Girls Soccer _____ ____ ____ ____ Other (specify type of event) _____ ____
____ ____ Special Events under Section 5.01 Summary of Volunteer Activities 50154733.3 B-1
Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: March 24, 2009 Department: Public Works Subject: Access Agreement for geotechnical tests BACKGROUND Public Works needs to conduct
limited geotechnical tests on the Southeastern Freight Lines, Inc. property adjacent to FM 3009 in connection with utility relocations. Southeastern Freight Lines, Inc. has requested
the City to enter into an Access Agreement for such purpose. FISCAL IMPACT None RECOMMENDATION Approval of Resolution No. 09-R-18 ATTACHMENT Resolution No. 09-R-18, with Access Agreement
attached 50163569.1
RESOLUTION NO. 09-R-18 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN ACCESS AGREEMENT WITH SOUTHEASTERN FREIGHT LINES, INC., AND OTHER MATTERS IN CONNECTION
THEREWITH WHEREAS, the City Council (the “City Council”) of the City of Schertz (the “City”) has determined that it is in the best interest of the City to enter into an Access Agreement
with Southeastern Freight Lines, Inc., relating to geotechnical tests relating to utility relocations adjacent to FM 3009; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver an Access Agreement with the Southeastern Freight Lines, Inc. in substantially
the form set forth on 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. PASSED AND ADOPTED, this 24th day of March, 2009. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) 50163571.1
EXHIBIT A ACCESS AGREEMENT See attached 50163571.1 A-1
Item 4B -Access Agreement (SEFL_City of Schertz).DOC.DOC ACCESS AGREEMENT ACCESS AGREEMENT (this “Agreement”), dated as of March 24, 2009 (the “Effective Date”), by and between SOUTHEASTERN
FREIGHT LINES, INC., a South Carolina corporation (“Owner”), having a mailing address of 420 Davega Road, Lexington, South Carolina 29073, Attention: W.T. Brogdon, Facsimile: (803) 739-5394,
and CITY OF SCHERTZ, TEXAS, a Texas municipal corporation (“Schertz”), having a mailing address of 1400 Schertz Parkway, Schertz, Texas 33131, Attention: City Manager, Facsimile: (210)
619-1769. WHEREAS, Owner is the owner of certain real property adjacent to FM 3009 and more particularly described on Exhibit “A” attached hereto (the “Property”); and WHEREAS, Schertz
desires access to the Property for the purposes of performing geotechnical investigations for the relocation of utilities and Owner desires to allow such access subject to the term and
conditions of this Agreement. NOW, THEREFORE, in consideration of the premises and the the mutual covenants, agreements and provisions contained herein, the parties hereto hereby agree
as follows: 1. Term of this Agreement. The term of this Agreement (“Term”) shall be for the period beginning on the Effective Date hereof and ending at 5:00PM on the 30th day thereafter,
unless terminated earlier as set forth below. 2. Access to the Property. For the Term of this Agreement, Owner will afford Schertz and its employees, agents and representatives reasonable
access to the Property, at Schertz’s cost and expense, upon reasonable advance notice and during regular business hours, for such purposes as may be desired by Schertz, provided that
no invasive inspections may be performed pursuant to this Agreement. SCHERTZ ACKNOWLEDGES THAT, AND SHALL CAUSE ANY CONTRACTOR ENTERING UPON THE PROPERTY, WHETHER RETAINED BY SCHERTZ
OR A THIRD PARTY, ALONG WITH ANY SUBCONTRACTORS EMPLOYED BY ANY SUCH INDEPENDENT CONTRACTOR (EACH A “CONTRACTOR” AND COLLECTIVELY, “CONTRACTORS”), TO AGREE THAT, BY ENTERING UPON THE
PROPERTY, SCHERTZ AND CONTRACTORS MAY ONLY ENTER ONTO THE PROPERTY AT THEIR SOLE RISK AND WAIVE ANY AND ALL CLAIMS AGAINST OWNER AND OWNER’S AFFILIATED ENTITIES, AGENTS, SUCCESSORS,
AND ASSIGNS (COLLECTIVELY, AND TOGETHER WITH OWNER, THE “OWNER PARTIES”) ARISING OUT OF THE EXERCISE OF THE RIGHTS GRANTED HEREUNDER. FURTHER, SCHERTZ SHALL REQUIRE EACH CONTRACTOR TO
INDEMNIFY, DEFEND, HOLD HARMLESS, RELEASE AND INSURE OWNER PARTIES TO THE SAME EXTENT THAT SCHERTZ IS INDEMNIFIED, RELEASED AND/OR INSURED BY THE CONTRACTORS IN CONNECTION WITH, OR RELATED
TO THE PROPERTY. ALL PERSONAL PROPERTY OF SCHERTZ AND THE CONTRACTORS INCLUDING, WITHOUT LIMITATION, ALL MOTOR VEHICLES AND CONSTRUCTION EQUIPMENT (COLLECTIVELY, “PERSONAL PROPERTY”)
UPON THE PROPERTY WILL BE AT THE SOLE RISK OF SCHERTZ AND THE CONTRACTORS, AND THE OWNER PARTIES WILL NOT BE LIABLE FOR ANY DAMAGE THERETO OR THEFT THEREOF, EVEN IF SUCH DAMAGE OR THEFT
IS DUE TO THE NEGLIGENCE OF ANY OWNER PARTY. NO PARTY WILL HAVE ANY RIGHT OR CLAIM AGAINST THE OWNER PARTIES FOR ANY PROPERTY DAMAGE (WHETHER CAUSED BY
THE NEGLIGENCE OF AN OWNER PARTY OR THE CONDITION OF ALL OR PART OF THE PROPERTY) BY WAY OF SUBROGATION OR ASSIGNMENT, SCHERTZ HEREBY WAIVING AND RELINQUISHING, AND AGREEING TO CAUSE
THE CONTRACTORS TO WAIVE AND RELINQUISH, ANY SUCH RIGHT. Upon any termination of this Agreement, Schertz will promptly deliver to Owner a complete copy of all geotechnical tests, studies
and reports or other documents generated by or at the direction of Schertz in connection with any inspection of any portion of the Property; provided that Schertz makes no representation
as to the accuracy of any such information. 3. Liens. Schertz shall not permit any lien or claim for lien of any mechanic, laborer or supplier or any other lien to be filed against the
Property, or any part thereof, arising out of work performed or materials supplied by, or at the direction of, or on behalf of, Schertz or any Contractor, or their respective officers,
agents, employees or representatives. If any such lien or claim for lien is filed, Schertz shall promptly give notice to Owner thereof and cause such lien or claim for lien to be released
of record. 4. Termination. Either party may terminate this Agreement, effective immediately upon notice to the other party and the prompt exit of all Schertz related parties from the
Property. Notwitstanding the terms of Section 5 below, notice of such a termination by the Owner may be given orally to any representative of Schertz then on the Property with confirmation
by facsimile transmission as set forth below. 5. Notices. Except as otherwise set forth herein, all notices, consents, approvals and requests required or permitted under this Agreement
shall be given in writing by expedited prepaid delivery service, either commercial (e.g. Federal Express) or United States Postal Service, with proof of delivery or attempted delivery,
addressed as set forth on page one (or at such other address and person as shall be designated from time to time by any party to this Agreement, as the case may be, in a written notice
to the other parties to this Agreement in the manner provided for in this Section). A notice shall be
deemed to have been given when actually delivered as set forth above or upon refusal to accept such delivery. Notices may be given by electronic facsimile device or receipted courier
service; provided that for notice by electronic facsimile device to be effective, its receipt must be acknowledged by the addressee in writing. 6. Miscellaneous. The failure of any party
to insist upon strict performance of any of the terms or conditions of this Agreement will not constitute a waiver of any of its rights hereunder. If any provision of this Agreement
is held illegal, invalid, or unenforceable, such illegality, invalidity or unenforceability will not affect any other provision hereof. Such provision and the remainder of this Agreement
shall, in such circumstances, be deemed modified to the extent necessary to render enforceable such provision and the remaining provisions hereof. This Agreement may be executed in counterparts,
all of which taken together will constitute one instrument. Further, this Agreement may be executed and delivered by facsimile transmission; any such facsimile of a signature shall be
deemed an original. Any party so executing and delivering this Agreement shall also send an original of the signature page to the other party by courier. This Agreement may not be assigned
by Schertz without the prior written consent of Owner. This Agreement binds, inures to the benefit of, and is enforceable by the successors and permitted assigns of the parties hereto.
This Agreement shall be construed and enforced in accordance with the laws of the State of Texas, without giving effect to principles of conflicts of law thereof. The parties consent
that venue of any action brought under this Agreement will be in Comal County, Texas. Neither this Agreement nor any memorandum or notice hereof shall be recorded in the real estate
records for the county in which the Property is located or in any other public records. Time is of the essence in this Agreement. If any action at law or in equity is
necessary to enforce or interpret this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees, costs, and necessary disbursements in addition to any other relief
to which that party may be entitled at all levels, before, during, and after trial, and on appeal. {Signatures to follow}
IN WITNESS WHEREOF, intending to be legally bound, the parties have executed this Agreement as of the date first above written. OWNER: SOUTHEASTERN FREIGHT LINES, INC., a South Carolina
corporation By: Name: Title: SCHERTZ: CITY OF SCHERTZ, TEXAS, a Texas municipal corporation By: Don Taylor, City Manager
EXHIBIT “A” Property Description [follows]