Swimming Pool Lease

1. CITY OF ALAMO HEIGHTS
ADMINISTRATION DEPARTMENT
CITY COUNCIL AGENDA MEMORANDUM
TO: Mayor and City Council
FROM: Buddy Kuhn, City Manager
SUBJECT: Authorize and execute a sublease agreement with Heights Pool, LTD. to continue
to operate the City’s swimming pool located at 250 Viesca
DATE: December 13, 2021
SUMMARY
Authorization to execute a sublease agreement with Heights Pool, Ltd. to continue to operate the
City’s swimming pool located at 250 Viesca for a term of 10 years and a fee of $30,000.00 per
year and will increase in Year 3 to $35,000.00 per year for the remainder of the term.
BACKGROUND INFORMATION
The City of Alamo Heights originally entered into a Lease Agreement with the City of San
Antonio on April 24, 1947 for the property located in the Olmos Basin area. The City then
constructed and maintained a swimming pool, concession area, and related facilities. On
November 3, 1987, the City exercised its unilateral right to extend the term of the Master Lease
an additional 40 years to April 30, 2027. The Master Lease was further extended on March 1,
2018 to extend the lease term to 2058 with possible extension of the lease to February 28, 2098.
In February 26, 1990, the City entered into a sublease agreement with Heights Pool, Inc. to
assume operations of the same swimming pool and related facilities. That agreement was
amended to grant an additional 10-year term to Heights Pool, Ltd. on December 19, 2001 with a
fee of $20,000 per year. An additional 10-year term was approved by the City on May 10, 2010
with a fee of $30,000.00 per year.
This agreement will grant an additional 10-year term with Heights Pool, Ltd. that will expire on
December 31, 2031, unless renewed with City Council approval. Heights Pool may operate the
swimming pool between the dates of April 1 and October 31 of each calendar year and within the
hours of operation only between 6:00 a.m. and 10:00 p.m. The City will collect a fee of
$30,000.00 per year and will increase in 2024, Year 3 of the agreement, to $35,000.00 per year
for the remainder of the term.
POLICY ANALYSIS
This action is consistent with the City’s efforts to provide quality recreational services to the
citizens of Alamo Heights and the City of San Antonio per the terms of the City’s lease
agreement.
COORDINATION
Staff has worked with the City Attorney.

2. FISCAL IMPACT
The City will receive $30,000.00 per year from the operation of the City’s public swimming pool
and will increase in Year 3 to $35,000.00 per year for the remainder of the term.
ATTACHMENTS
Attachment A – Sublease Agreement
______________________
Buddy Kuhn
City Manager

3. Attachment A
Heights Pool, Ltd. & City of Alamo Heights - Lease Amendment No. 1
#283140-v1; 5425/2
1
AMENDMENT NO. 1
TO SUBLEASE AGREEMENT
Between
CITY OF ALAMO HEIGHTS
And
HEIGHTS POOL, LTD.
This Amendment No.1 to Sublease Agreement (“Amendment No. 1”) is dated effective the
day of 2021, (“Effective Date”) by
and between the CITY OF ALAMO HEIGHTS, a Texas municipal corporation (“Sublandlord”
or “City”), as the owner of the municipal pool, concession area, and related facilities (“the Pool”),
acting by and through its city manager, and HEIGHTS POOL, LTD. (“Subtenant”).
RECITALS
A. In 1947, City entered into a lease agreement with City of San Antonio for the Pool
property (the “Master Lease”). On November 3, 1987, City exercised its unilateral right to extend
the term of the Master Lease an additional 40 years to April 30, 2027. The Master Lease was
further extended on March 1, 2018, to extend the lease term to 2058 with possible extension of the
lease to February 28, 2098.
B. City and Subtenant entered into a sublease agreement for the Pool property dated on or
about May 2010, with a term expiring on December 31, 2021 (the “Sublease”).
C. City and Lessee now wish to amend the Sublease to extend the term and amend other
terms of the agreement.
NOW THEREFORE, for and in consideration of the terms, considerations, and privileges
promised herein, City and Lessee covenant and agree as follows:
1. Paragraph (g) on page 1 of the Sublease is revised to state that the term will expire on
December 31, 2031, unless renewed with City Council Approval.
2. Paragraph 2 of the Sublease is amended to provide that Subtenant may operate the
swimming pool between the dates of April 1 and October 31 of each calendar year and within the
hours of operation only between 6:00 a.m. and 10:00 p.m.
3. Paragraph 3 of the Sublease is amended to provide that commencing in 2024 the annual
base rental will increase to $35,000.00 per calendar year and for the remainder of the lease term.

4. Attachment A
Heights Pool, Ltd. & City of Alamo Heights - Lease Amendment No. 1
#283140-v1; 5425/2
2
4. This Amendment No. 2 will be effective on the date first stated above. The rest and
remainder of the Sublease, as amended herein is hereby affirmed and remains in full force and
effect.
SUBLANDLORD:
CITY OF ALAMO HEIGHTS
_____________________________
Buddy Kuhn,
City Manager, City of Alamo Heights
SUBTENANT:
HEIGHTS POOL, LTD.
By: EVANS AVE, LLC, its General
Partner
_______________________________
Robert R. Shaw
Manager of General Partner
ATTEST: _____________________________________________
ELSA T. ROBLES, TRMC
CITY SECRETARY