A. Applicant Agreement. As part of this application, applicant agrees to defend, indemnify, release and hold harmless from any and all claims, actions, proceedings or liability of any nature whatsoever arising out of, or in connection with, the City’s review or approval of the proposed project, or the acts or omissions of the applicant, its agents, employees or contractors. This obligation shall also extend to any effort to attack, set aside, void, or annul any action or decisions of the City in connection with this application, including any contention the project approval is defective because a City ordinance, resolution, policy, standard, or plan is not in compliance with local, State or Federal law. This indemnification shall include damages, fees and/or costs awarded against the City, if any, and cost of suit, attorney’s fees, and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by applicant, the City, and/or the parties initiating or bringing the proceeding. If a defense right is exercised, the City Attorney shall have the absolute right to approve any and all counsel employed to defend the City. The modification of the proposed project by the applicant or the imposition of conditions by the City shall not alter the effectiveness of this indemnity obligation.
B. City Notification of Applicant. In the event that an action, claim, or proceeding referred to in Subsection A., above is brought, the City shall promptly notify the applicant and land owner of the existence of the action, claim, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action, claim, or proceeding.
C. City Participation in Defense. Nothing in this Section shall prohibit the City from participating in the defense of any action, claim, or proceeding if the City elects to bear its own attorneys’ fees and costs and defends the action in good faith. (Ord. 935 § 3 (part), 2015)