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<br />I <br /> <br />I <br /> <br />I <br /> <br />RESOLUTION NO. 2006.{ 149 R <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS APPROVING A FIRST AMENDMENT TO THE <br />MASTER DEVELOPMENT AGREEMENT BETWEEN THE CITY <br />AND JQH - SAN MARCOS DEVELOPMENT, LLC REGARDING <br />THE HOTEL AND CONFERENCE CENTER PROJECT; AND <br />DECLARING AN EFFECTIVE DATE. <br /> <br />RECITALS: <br /> <br />1. The City Council approved a Master Development Agreement with JQH - San Marcos <br />Development, LLC on February 7, 2006 for the development of a hotel and conference center project (the <br />"Project") on a fifteen acre site (the "Project Site") at the intersection ofIH-35 South and McCarty Lane. The <br />agreement includes a deadline of September 15,2006 for the City and JQH to receive estimates of the cost of <br />constructing the conference center and the hotel. <br /> <br />2. The contractor selected by the City and JQH to perform the construction, Flintco, Inc., will be <br />receiving final subcontractor bids on September 18,2006 and has requested an extension until September 22, <br />2006 to provide compiled cost estimates to the City and JQH. Broaddus and Associates, the City's Owner <br />Representative, has recommended granting this extension. <br /> <br />3. The City Council wishes to approve the attached First Amendment to the Master Development <br />Agreement to extend the deadline for the City and JQH to receive the cost estimates to September 22, 2006, <br />and to extend to October 3,2006 the deadline for JQH to "opt out" of the Project. <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br /> <br />PART 1. The terms and conditions of the attached First Amendment to Master Development <br />Agreement are approved. <br /> <br />PART 2. The City Manager, Dan O'Leary, and the City's attorneys, Mark Taylor and Pete Broderick, <br />are authorized and directed to negotiate changes to and finalize the First Amendment to Master Development <br />Agreement and Conference Center Lease Agreement and related documents in the manner they deem necessary <br />and appropriate, and the City Manager, Dan O'Leary, is authorized to execute the final agreements and related <br />documents, as changed and finalized, on behalf of the City. The City Manager's execution of the agreements <br />shall be deemed to be conclusive evidence that the intent of this resolution is met and that the execution of the <br />agreements was duly authorized by the City Council. <br /> <br />PART 3. This resolution is effective immediately upon adoption. <br /> <br />ADOPTED on September 19 J 2006. <br /> <br />~1~ <br /> <br />Mayor <br /> <br />Attest ~1 <br />~ <br /> <br />Interim City Clerk <br />