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SECTION 4. The Planning Commission hereby finds that mitigation measures
<br />identified in the 2010 EIR remain applicable to the Transit Zoning Code. These findings
<br />are laid out more specifically in the Mitigation Monitoring and Reporting Program
<br />("MMRP") attached hereto as Exhibit A. The Planning Commission therefore hereby
<br />adopts those mitigation measures identified as remaining applicable to the Transit
<br />Zoning Code, through the MMRP attached hereto and incorporated herein as Exhibit A.
<br />Applicant shall be solely responsible for the implementation of all mitigation measures in
<br />the MMRP applicable to any aspect of the proposed mixed -use development project.
<br />SECTION 5. The Planning Commission hereby approves and adopts the 2020
<br />Third and Broadway Addendum related to Variance No. 2020-05 and Tentative Parcel
<br />Map No. 2020-02, 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 Planning Commission directs staff to prepare, execute and file
<br />a CEQA Notice of Determination with the Orange County Clerk's Office within five
<br />working days of the Planning Commission's approval of Variance No. 2020-05 and
<br />Tentative Parcel Map No. 2020-02 for the Third and Broadway Mixed -Use Development
<br />Project.
<br />SECTION 8. The 2010 EIR and the 2020 Addendum, and any other documents
<br />and materials that constitute the record of proceedings upon which these findings have
<br />been based are on file, are incorporated herein by reference and are available for public
<br />review at Santa Ana City Hall, Planning and Building Agency, M20, 20 Civic Center
<br />75A-61
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