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55394.00053\32005762.1 Resolution No. 2020-xx
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<br />SECTION 4. The City Council hereby finds that mitigation measures identified in
<br />the 2004 EIR remain applicable to the One Broadway Plaza mixed-use development.
<br />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.
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<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.
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