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more significant effects not discussed in the earlier environmental
<br />documentation; (ii) that significant effects previously examined would be
<br />substantially more severe than shown in the earlier environmental
<br />documentation; (iii) that mitigation measures or alternatives previously
<br />found not to be feasible would in fact be feasible and would substantially
<br />reduce one or more significant effects, but the applicant declined to adopt
<br />such measures; or (iv) that mitigation measures or alternatives
<br />considerably different from those analyzed previously would substantially
<br />reduce one or more significant effects on the environment, but which the
<br />applicant declined to adopt.
<br />SECTION 4. The City Council hereby finds that mitigation measures identified in
<br />the 2010 EIR remain applicable to the Transit Zoning Code. These findings are laid out
<br />more specifically in the Mitigation Monitoring and Reporting Program ("MMRP")
<br />attached hereto as Exhibit A. The City Council therefore hereby adopts those
<br />mitigation measures identified as remaining applicable to the Transit Zoning Code,
<br />through the MMRP attached hereto and incorporated herein as Exhibit A. Applicant
<br />shall be solely responsible for the implementation of all mitigation measures in the
<br />MMRP applicable to any aspect of the proposed mixed -use development project.
<br />SECTION 5. The City Council hereby approves and adopts the 2020 Third and
<br />Broadway Addendum related to Site Plan Review No. 2020-01, Site Plan Review No.
<br />2020-02 and Density Bonus Agreement No. 2020-01, attached hereto and incorporated
<br />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 claims,
<br />demands, lawsuits, writs of mandamus, and other and proceedings (whether legal,
<br />equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute
<br />resolution procedures (including, but not limited to arbitrations, mediations, and such
<br />other procedures), judgments, orders, and decisions (collectively "Actions"), brought
<br />against the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set
<br />aside, void, or annul, any action of, or any permit or approval issued by the City and/or
<br />any of its officials, officers, employees, agents, departments, agencies, and
<br />instrumentalities thereof (including actions approved by the voters of the City) for or
<br />concerning the project, whether such Actions are brought under the Ralph M. Brown
<br />Act, California Environmental Quality Act, the Planning and Zoning Law, the
<br />Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other
<br />federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or
<br />any decision of a court of competent jurisdiction. It is expressly agreed that the City
<br />shall have the right to approve, which approval will not be unreasonably withheld, the
<br />legal counsel providing the City's defense, and that Applicant shall reimburse the City
<br />for any costs and expenses directly and necessarily incurred by the City in the course
<br />Resolution No. 2020-088
<br />Page 4 of 8
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