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These findings are laid out more specifically in the Mitigation Monitoring and Reporting
<br /> Program ("MMRP") attached hereto as Exhibit A. The City Council therefore hereby re-
<br /> adopts those mitigation measures identified as remaining applicable to One Broadway
<br /> Plaza, through the MMRP attached hereto and incorporated herein as Exhibit A.
<br /> SECTION 5. The City Council hereby approves and adopts the 2020 Addendum
<br /> to the EIR, 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 One Broadway Plaza Mixed-Use Development
<br /> Project.
<br /> SECTION 8. The 2004 EIR and the 2020 Addendum to the EIR, and any other
<br /> documents and materials that constitute the record of proceedings upon which these
<br /> findings have been based are on file, are incorporated herein by reference and are
<br /> available for public review online and at Santa Ana City Hall, Planning and Building
<br /> Agency, M20, 20 Civic Center Plaza, Santa Ana, California 92701. The custodian of
<br /> these records is Daisy Gomez, City Clerk for the City.
<br /> SECTION 9. This resolution shall take effect immediately upon its adoption by
<br /> the City Council, and the City Clerk shall attest to and certify the vote adopting this
<br /> resolution.
<br /> Resolution No. 2020-033
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