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Amendment, the "Hotel Project" shall consist of a new 185 room, 100,000 square foot, four-story <br />(approximately 57.3 feet above grade) hotel to be located on the corner of MacArthur Place and <br />MacArthur Boulevard served by 133 surface parking spaces, and GP2's right to park in the parking <br />structure located on Orange County Assessor's Parcel No. 411-081-22 (also known as the <br />Teacher's parking structure) during certain specified hours of the week. <br />1.6 Approval of the Hotel Project will result in the need to relocate the Cinema <br />Tower, which is also owned and developed by GP2. The City and GP2 agree and acknowledge that <br />development of the Cinema Tower will require GP2 to submit a new application to the City for site <br />plan review for the proposed new location of the Cinema Tower, which must be reviewed and <br />approved by the City's Planning Commission. <br />1.7 In connection with the foregoing, GP2 and the City now desire to amend the <br />Development Agreement to provide GP2 with approval of the Hotel Project subject to the terms and <br />conditions of the Development Agreement, as amended. <br />2. Hotel Project. GP2 and the City hereby acknowledge and agree that GP2 has the <br />right under this Third Amendment to construct and operate the Hotel Project, as hereinafter defined. <br />3. Modification of Certain Provisions. The Development Agreement is hereby amended <br />and supplemented in the following particulars: <br />3.1 Section 1.1(1). The phrase "office/commercial/retail uses" appearing in <br />Section l.l(1) of the Development Agreement is hereby amended and restated to read as "hotel <br />uses with ancillary retail/restaurant uses." <br />3.2 Section 2.13. The entire section is deleted and replaced with the word <br />"Reserved." <br />3.3 Section 2.23. The entire section is deleted and replaced with the word <br />"Reserved." <br />as follows: <br />3.4 Section 2.25A. A new section is added between Section 2.25 and 2.26 to read <br />"'Hotel Project' is defined in Section 2.43." <br />3.5 Section 2.21. This section is hereby supplemented by adding the following <br />after the first sentence appearing therein: "The Project also includes a new 185 room, approximately <br />100,097 square foot, four-story (approximately 57.3 feet above grade) hotel to be located on the <br />corner of MacArthur Place and MacArthur Boulevard served by 133 surface parking spaces, and <br />GP2's parking rights in structure located on Orange County Assessor's Parcel No. 411-081-22 (also <br />known as the Teacher's parking structure) during certain specified hours of the week, as set forth in <br />detail in City approvals for Development Permit No. 2008-8, Zoning Ordinance Amendment No. <br />2009-04, Conditional Use Permit No. 2009-08, Variance No. 2009-02, Environmental Review No. <br />2008-235 (including the Addendum to the Final Environmental Impact Report for Environmental <br />Review No. 2004-02). Entitlements shall also include the City approvals for the Hotel Project set <br />forth in detail in City approvals for Development Permit No. 2008-8, Zoning Ordinance Amendment <br />No. 2009-04, Conditional Use Permit No. 2009-08, Variance No. 2009-02, Environmental Review <br />3rd amendment to development agreement hotel3.doc <br />5/27/2009 7:02 AM <br />3 <br />11 B-19 <br />