§ 115.24 INDEMNIFICATION.
   (A)   Any application for wireless telecommunications facilities that is proposed on city property, pursuant to this chapter, shall contain a provision with respect to indemnification. Such provision shall require the applicant, to the extent permitted by the chapter, to at all times defend, indemnify, protect, save, hold harmless, and exempt the city, and its officers, employees, committee, members attorneys, agents and consultants from any and all penalties, damages, costs, or charges arising out of any and all claims, suits, demands, causes of action, or award of damages whether compensatory or punitive, or expenses therefrom, either at chapter or in equity, which might arise out of, or are caused by the placement, construction, erection, modification, location, products performance, use, operation, maintenance, repair, installation, replacement, removal or restoration of said facility, excepting however, any portion of such claims, suits, demands, causes of action or award of damages as be attributable to the negligent or intentional acts or omissions of the city, or its servants or agents. With respect to the penalties, damages or charges referenced herein, reasonable attorneys' fees, consultants' fees, and expert witness fees are included in those costs that are recoverable by the city.
   (B)   Notwithstanding the requirements noted in division (A) of this section, an indemnification provision will not be required in those instances where the city itself applies for and secures a special use permit for wireless telecommunications facilities.
(Ord. 2002-01, passed 2-13-02)