Reso 2022-086 2nd amendment to DDA

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b) The Developer Hotel Element may consist of two distinct hotels which share common facilities such as a lobby. c) The Hotel Parcel shall include publicly accessible outdoor space, parking, lighting, landscaping, ancillary food and beverage amenities and all site utilities, all in conformance with the City Building and Zoning codes, and pursuant to plans to be approved by the City. d) Parking for the Developer Hotel Element shall be provided in accordance with all applicable requirements of the San Leandro Zoning Code or as otherwise approved by the City. e) Developer agrees that an easement shall be recorded on the Developer Hotel Parcel allowing the public to use certain designated parking spaces located adjacent to the Park Parcel, with rights of ingress and egress thereto. The days and hours of public use of such designated parking spaces shall be as determined by the mutual agreement of City and Developer. f) Developer further agrees that an easement shall be recorded on the Developer Hotel Parcel allowing users of the Developer Restaurant Element (parcel J) and the Market Element (parcel K) to utilize parking on the Developer Hotel Parcel and to provide for joint access between the parcels. g) The Developer Hotel Element shall include a full -service restaurant of approximately 5,000 square -foot, which the Developer or Developer Hotel Ground Lease Subtenant may sublease to an independent third -parry operator, subject to the prior approval of the City and the requirements of the Developer Hotel Ground Lease. 4. Multifamily Element a) Developer shall design and construct a multifamily residential development with approximately two hundred eighty-five (285) rental units ("Multifamily Element"). b) The Multifamily Element shall include parking, landscaping, lighting and all onsite and offsite utilities, including but not limited to fiber optic internet service to all units, all in conformance with the City Building and Zoning codes, and pursuant to plans to be approved by the City. c) Parking for the Multifamily Element shall be provided in accordance with all applicable requirements of the San Leandro Zoning Code or as otherwise approved by the City. d) The unit mix and any amenities are subject to the Project Approvals, as defined in Section 2.1 of the Agreement. e) The Multifamily Element shall meet the objectives of the City's Inclusionary Housing Ordinance (San Leandro Zoning Code section 6-3000 et seq.) by paying a fee in -lieu of providing affordable rental units (the "Affordable Rental Housing In - Lieu Fee"). If Developer elects not to pay the Affordable Rental Housing In -Lieu Fee, the size and income distribution of the affordable rental units shall be subject to the requirements of the Inclusionary Housing Ordinance.