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MacArthur Boulevard served by 133 surface parking spaces, and GP2's right to park in the Teacher's Parking Garage during certain specified hours of the week. 1.6 Approval of the Hotel Project will require the relocation of the Cinema Tower, which is also owned and developed by GP2. The City and GP2 agree and acknowledge that GP2 must submit a new application to the City for site plan review for the proposed new location of the Cinema Tower, which must be reviewed and approved by the City's Planning Commission. 1.7 In connection with the foregoing, GP2 and the City now desire to amend the Development Agreement to provide GP2 with approval of the Hotel Project subject to the terms and conditions of the Development Agreement, as amended. 2. Hotel Project. GP2 and the City hereby acknowledge and agree that GP2 has the right under this Third Amendment to construct and operate the Hotel Project, as hereinafter defined. 3. Modification of Certain Provisions. The Development Agreement is hereby amended and supplemented in the following particulars: 3.1 Section 1.1(1). The phrase "office/commercial/retail uses" appearing in Section 1.1(1) of the Development Agreement is hereby amended and restated to read as "hotel uses with ancillary retail/restaurant uses." 3.2 Section 2.13. The entire section is deleted and replaced with the word "Reserved." 3.3 Section 2.23. The entire section is deleted and replaced with the word "Reserved." 3.4 Section 2.25A. A new section is added between Section 2.25 and 2.26 to read as follows: "'Hotel Project' is defined in Section 2.43." 3.5 Section 2.21. This section is amended by added to it the following. "The Project also includes a new 185 room, 100,000 square foot, four-story (approximately 57.3 feet above grade) hotel to be located on the corner of MacArthur Place and MacArthur Boulevard served by 133 surface parking spaces, and GP2's parking rights in the Teacher's Parking Garage during certain specified hours of the week, as set forth in detail in Development Permit No. 2008-8, Zoning Ordinance Amendment No. 2009-04, Conditional Use Permit No. 2009-08, Variance No. 2009-02, Environmental Review No. 2008-235 (An Addendum to the Final Environmental Impact Report for Environmental Review No. 2004-02). 3.6 Section 2.43(2). The section is deleted and replaced by the following: "A new 185 room, 100,000 square foot, four-story (approximately 57.3 feet above grade) hotel to be located on the corner of MacArthur Place and MacArthur Boulevard served by 133 surface parking spaces, and GP2's parking rights in the Teacher's Parking Garage during certain specified hours of the week (the `Hotel Project')." 3rd amendment to development agreement hotel (2) 4/9/2009 11:02 AM3 75B-30