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EXHIBIT 5 <br />MUTUAL DECLARATION OF ACKNOWLEDGMENT AND ACCEPTANCE <br />OF APPROVAL CONDITIONS <br />At its _ 2020, meeting, the City Council of the City of Santa Ana <br />voted _ to approve ADDENDUM TO CERTIFIED EIR NO. 1999-01, <br />GENERAL PLAN AMENDMENT NO. 2020-01 AND ZONING ORDINANCE <br />AMENDMENT NO. 2020-02 FOR THE ONE BROADWAY PLAZA MIXED -USE <br />TOWER LOCATED AT 1109 NORTH BROADWAY and as documented by City <br />Council Resolution Numbers ____ and and by Ordinance <br />Number incorporated herein by reference, subject to the <br />conditions listed below to be executed and completed by the Applicant/Property <br />Owner of the real property and of the development project: <br />1. A Neighborhood Traffic and Mitigation Study shall be completed for a seventh <br />neighborhood, the Logan Neighborhood. <br />2. A total of $300,000 per neighborhood shall be paid for the Neighborhood Traffic <br />and Mitigation studies ($2.1 million total). A total of $100,000 shall be paid 60 <br />days prior to issuance of building permits in order to commence the traffic <br />studies. <br />3. Developer shall have one year from the effective date of the ordinance <br />approving the amendment to SD-75 zoning document to acquire the real <br />property at the 17th/Broadway and 17th/Main intersections as identified in the <br />mitigation monitoring program and transfer title of said real property to the City, <br />except as to the roundabout, for which Developer shall secure and transfer to <br />City an easement (or other right to construct, maintain and use the property as <br />a roundabout). City shall accept transfer of this title and easement. <br />4. Prior to issuance of building permits, the applicant shall enter into project labor <br />agreements with the LA/OC Building and Construction Trades Council and the <br />Southwest Regional Council of Carpenters. Further, the unions shall prioritize <br />local workforce labor from Santa Ana residents. <br />75A-462 <br />