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Regular Meeting December 4, 2006 Page 5 I WITH THE ANIMAL SHELTER EXPANSION PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THIS AGREEMENT ON BEHALF OF THE CITY; AND DECLARING AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AWARDING A CONSTRUCTION CONTRACT TO ENVIRONMENTAL SURVEY, INC. FOR THE SAN MARCOS REGIONAL PARK PRESERVE IMPROVEMENTS PROJECT NO. 50-00288; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT DOCUMENTS ON BEHALF OF THE CITY; AND DECLARING AN EFFECTIVE DATE. Mayor Narvaiz introduced for consideration Item 13, removed from the consent agenda, adoption of a Resolution, the caption which was read as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS APPROVING A FIFTH MODIFICATION TO THE CHAPTER 380 ECONOMIC DEVELOPMENT GRANT AND LOAN AGREEMENT WITH JQH-SAN MARCOS DEVELOPMENT, LLC REGARDING THE HOTEL AND CONFERENCE CENTER PROJECT; AND DECLARING AN EFFECTIVE DATE. I Mr. Guerrero moved for adoption of Resolution, and Ms. Couch seconded the motion. Mr. O'Leary stated on July 14, 2005, the City Council approved a Chapter 380 Economic Development Grant and Loan Agreement for the Hotel and Conference Center Project with John Q. Hammons, Trustee. Under this agreement, the City loaned $1,500,000 and granted $500,000 to the Hammons Trust to facilitate purchase of the hotel site. The Hammons Trust assigned this agreement to JQH-San Marcos Development, LLC. JQH has advised the City staff that he will proceed with construction if the City will convert the $1.5 million loan to a grant. He stated the loan will become a grant only if JQH 1) begins construction on the hotel by March 12, 2007, 2) timely completes construction of the hotel, and 3) complies with the terms of the Economic Development and Master Development agreements. Mayor Narvaiz stated the City entered into an agreement with John Q. Hammons and now the bids came in higher. She stated the cost for construction came in much higher, which is due to the increase of supplies. She also stated Mr. Hammons is still interested and he will still be paying 30% over the City's cost. This project will break ground by March 28, 2007, if not before. The Council then voted unanimously for adoption of the Resolution. I Mayor Narvaiz introduced for consideration Item 18, removed from the consent agenda, approval of Change in Services No, 2 in the amount of $287,680.00 related to the Final Design of the Rio Vista Terrance Subdivision Reconstruction Project with Bryn & Associates. Mr. Jones moved for approval of Change in Services No, 2 in the amount of $287,680.00 related to the Final Design of the Rio Vista Terrance Subdivision Reconstruction Project with Bryn & Associates, and Mr. Guerrero seconded the motion. Mr. Thomaides requested an update of the project. Laurie Anderson, Director of Engineering, stated Byrn & Associates, Inc., has