The school districts, individually and collectively, as a condition of receiving the impact fees required hereunder, shall indemnify and hold the Village of Gardner, harmless from and against any loss, claims and causes of actions of every kind incurred by the village as a result, either directly or indirectly, of the passage of this chapter, or the administration or enforcement thereof, including any so incurred as a result of a lawsuit brought or threatened by the school districts. However, the school districts shall not be required to indemnify and hold harmless the Village of Gardner from any loss, claims and causes of actions resulting out of the negligence of the village. If the village is sued by any owner of property to be annexed as a result, directly or indirectly, of the passage of this chapter, except as a result of the negligence of the village, the village, may, at its option, undertake the defense thereof but all costs and expenses of the defense, including attorneys fees, shall be immediately reimbursed by the school districts. Should the school districts improperly use the impact fees as specified in this chapter, the village may sue the school districts and shall be entitled to recover as part of the judgment therein, or any settlement thereof, all costs and expenses, including attorneys fees, incurred by the village.
(R07-255, passed 1-22-2007)