Except as otherwise provided below, any affected park district shall, as a condition of receiving the donations hereunder, agree to indemnify and hold harmless the city, its officers, employees and agents, from any loss, claim or damages of any kind incurred by the city as a result, either directly or indirectly, of the passage of this subchapter, or the administration or enforcement thereof. If the city is sued by any subdivider or developer as a result, directly or indirectly, of the passage of this subchapter, the city may, at its option, undertake the defense thereof, but all costs and expenses of such defense, including attorneys' fees, shall be immediately reimbursed by the affected park district. The city may withhold delivery of any cash contribution to a park district pending compliance with these indemnity provisions, except as follows:
(A) If the city receives a cash contribution in lieu of land dedication and fails to convey such contribution to the affected park district or expends such contribution for its own purposes, and the affected park district files a suit, the city shall defend against such suit and pay for all its own costs and expenses related to such suit, including attorney's fees.
(B) If a park district improperly uses a cash contribution, or fails to timely use a cash contribution and does not return such contribution as required in § 159.22 of this chapter, the city may sue the affected park district and shall be entitled to recover as part of the judgment in, or any settlement of such suit, all of the costs and expenses, including attorneys' fees, incurred by the city.
(C) Unless otherwise specifically provided, the indemnification provisions established in this section shall be an implied condition of any intergovernmental agreement entered between the city and a park district with respect to cash contributions for park, open space and recreation purposes pursuant to this subchapter.
(Ord. 08-19, passed 9-9-08)