(A) Any application for wireless telecommunications facilities that is proposed for county property pursuant to this chapter shall contain a provision with respect to indemnification.
(1) To the extent permitted by law, such provision shall require the applicant to at all times defend, indemnify, protect, save, hold harmless, and exempt the county and its officers, boards, 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 arising therefrom, either at law or in equity, which might arise out of or be caused by the placement, construction, erection, modification, location, product performance, use, operation, maintenance, repair, installation, replacement, removal, or restoration of such facility; excepting, however, any portion of such claims, suits, demands, causes of action, or award of damages as may be attributable to the negligent or intentional acts or omissions of the county, or its servants or agents.
(2) 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 county.
(B) Notwithstanding the requirements noted in division (A) above, an indemnification provision will not be required in those instances where the county, itself, applies for and secures a special use or zoning compliance permit for wireless telecommunications facilities.
(1996 Code, § 156.30) (Ord. passed 10-7-2002; Ord. passed 12-3-2007)