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Article V of Chapter 41 of the City's Municipal Code, which <br />shall be processed pursuant to said Division and Section 41- <br />593 et seq. of the City's Municipal Code." <br />3.11 Section 5.1.11. The phrase "Restaurant Portion" appearing in <br />Section 5.1.11 of the Development Agreement is hereby amended and restated to read <br />as "Hotel Project." <br />3.12 Exhibit B (Public Art Plan). The second to last sentence of <br />paragraph 2 of Exhibit B of the Development Agreement, as previously amended in the <br />First Amendment to the Development Agreement (beginning with the phrase "Owner <br />shall have committed..."), is deleted and replaced with the following: <br />"Owner shall have committed, by written contract, to expend <br />not less than One Hundred Twenty-Five Thousand Dollars <br />($125,000) in connection with the Public Art upon the <br />issuance of a certificate of occupancy for each of the <br />following: (i) Lake Towers, (ii) Cinema Towers, (iii) Integral <br />Project, and (iv) Hotel Project, but in no event exceeding an <br />aggregate of Five Hundred Thousand Dollars ($500,000)." <br />Full Force and Effect; Counterparts. Except as amended herein the <br />Development Agreement shall remain in full force and effect in accordance with its <br />terms. This Third Amendment may be executed in any number of counterparts, all of <br />which shall constitute one and the same instrument. <br />IN WITNESS WHEREOF, this Third Amendment has been executed by the City <br />of Santa Ana and The Grand Plan 2, LLC. <br />Dated this _ day of , 2009. <br />"CITY" <br />THE CITY OF SANTA ANA, a charter city and <br />municipal corporation duly authorized under <br />the Constitution and laws of the State of <br />California <br />By <br />DAVID N. REAM <br />City Manager <br />Ordinance NS-2786 <br />Page 8 of 10 <br />