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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 tents 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 1.1(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 /> 3.4 Section 2.25A. A new section is added between Section 2.25 and 2.26 to read <br /> as follows: <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 Enviromnental <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 /> 7/29/2009 3:42 PM <br /> 3rd amendment to development agreement hotel3a final final final <br /> 3 <br />