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3.5 Section 2.43(4). The first two (2) sentences are deleted in their entirety and <br />the third sentence, which begins a new paragraph, is hereby amended and restated to read in its <br />entirety as follows: <br />"The Lake Towers, the Cinema Tower, the Hotel Project, and <br />the Integral Project are each an `Element."' <br />3.6 Section 2.52. The entire section is deleted and replaced with the word <br />"Reserved." <br />3.7 Section 2.55. The following is added to this Section: <br />"The City and GP2 agree and acknowledge that the final location of <br />the relocated Cinema Tower has not been determined. This is other <br />issues related to its relocation shall be resolved by submission of an <br />application by GP2 for Development Project Plan Approval pursuant <br />to Division 3 of Article V of Chapter 41 of the City's Municipal <br />Code, which shall be processed pursuant to said Division and Section <br />41-593 et seq. of the City's Municipal Code." <br />3.8 Section 5.1.11. The phrase "Restaurant Portion" appearing in Section 5.1.11 <br />of the Development Agreement is hereby amended and restated to read as "Hotel Project." <br />4. Full Force and Effect; Counterparts. Except as amended herein the Development <br />Agreement shall remain in full force and effect in accordance with its terms. This Third Amendment <br />may be executed in any number of counterparts, all of which shall constitute one and the same <br />instrument. <br />[Signature and Notary Pages Follow] <br />3rd amendment to development agreement hotel (2) <br />4/9/2009 11:02 AM4 <br />4 <br />75B-31 <br />