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previously would substantially reduce one or more significant effects on the
<br />environment, but which the applicant declined to adopt.
<br />SECTION 4. The City Council hereby finds that certain mitigation measures
<br />identified in the 1983 EIR remain applicable to the MainPlace Project, while other
<br />mitigation measures are no longer applicable on the basis they have already been
<br />completed, or have been superseded by law. These findings are laid out more
<br />specifically in the Mitigation Monitoring and Reporting Program ("MMRP") attached
<br />hereto as Exhibit A. The City Council therefore hereby re -adopts those mitigation
<br />measures identified as remaining applicable to the MainPlace Project, through the
<br />MMRP attached hereto and incorporated herein as Exhibit A.
<br />SECTION 5. The City Council hereby approves and adopts the 2019 Addendum,
<br />attached hereto and incorporated herein as Exhibit B.
<br />SECTION 6. The Applicant shall indemnify, protect, defend and hold the City
<br />and/or any of its officials, officers, employees, agents, departments, agencies,
<br />authorized volunteers, and instrumentalities thereof, harmless from any and all
<br />claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether
<br />legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative
<br />dispute resolution procedures (including, but not limited to arbitrations, mediations,
<br />and such other procedures), judgments, orders, and decisions (collectively "Actions"),
<br />brought against the City and/or any of its officials, officers, employees, agents,
<br />departments, agencies, and instrumentalities thereof, that challenge, attack, or seek
<br />to modify, set aside, void, or annul, any action of, or any permit or approval issued by
<br />the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, and instrumentalities thereof (including actions approved by the voters of
<br />the City) for or concerning the project, whether such Actions are brought under the
<br />Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning
<br />Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or
<br />any other federal, state or local constitution, statute, law, ordinance, charter, rule,
<br />regulation, or any decision of a court of competent jurisdiction. It is expressly agreed
<br />that the City shall have the right to approve, which approval will not be unreasonably
<br />withheld, the legal counsel providing the City's defense, and that Applicant shall
<br />reimburse the City for any costs and expenses directly and necessarily incurred by
<br />the City in the course of the defense. City shall promptly notify the Applicant of any
<br />Action brought and City shall cooperate with Applicant in the defense of the Action.
<br />SECTION 7. The City Council directs staff to prepare, execute and file a CEQA
<br />Notice of Determination with the Orange County Clerk's Office within five working days
<br />of the City Council's approval of the MainPlace Project.
<br />SECTION 8. The 1983 EIR, the 1996 Addendum, and the 2019 Addendum, and
<br />any other documents and materials that constitute the record of proceedings upon
<br />which these findings have been based are on file and available for public review at
<br />Santa Ana City Hall, Planning and Building Agency, M20, 20 Civic Center Plaza, Santa
<br />Ana, California 92802. The custodian of these records is Norma Mitre, Acting City Clerk
<br />for the City.
<br />Resolution No. 2019-040
<br />Page 4 of 23
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