(A) Except where otherwise expressly prohibited by state or federal law, the county shall require, as a prerequisite for approval or as part of the application process, an applicant for any approval(s) to agree in writing to defend, indemnify, and hold harmless the county and its officers, agents, employees, boards and commissions from any claim, action, litigation, or proceeding brought by any person or entity other than the applicant ("third party") against the county or its officers, agents, employees, boards or commissions that arises from or is in any way related to an approval(s), including, but not limited to claims, actions, litigation, or proceedings to attack, set aside, void, or annul an approval(s).
(B) Additionally, a condition of approval shall be imposed upon all approval(s) requiring the applicant to defend, indemnify, and hold harmless the county and its officers, agents, employees, boards and commissions from any claim, action, litigation, or proceeding brought by any person or entity other than the applicant ("third party") against the county or its officers, agents, employees, boards or commissions that arises from or is in any way related to an approval(s), including, but not limited to claims, actions, litigation, or proceedings to attack, set aside, void, or annul an approval(s).
(C) If any third party claim, action, or proceeding is filed, the county will promptly notify the applicant of the claim, action, or proceeding and will cooperate fully in the defense. If determined appropriate by the County Board of Supervisors, the county may also participate in the defense of any claim, action, or proceeding, with the applicant paying the reasonable cost of the county's defense. Such costs shall include the county's reasonable attorney's fees and other reasonably related defense expenses including county staff time. The indemnification required by divisions (A) and (B) of this section shall include damages awarded against the county, costs of suit, attorneys' fees, and other costs and expenses incurred in connection with any such claim, action, litigation, or proceeding.
(D) Any indemnification agreement entered into pursuant to division (A) of this section, above, may be in a standard format approved by county counsel and executed by a department head or the County Administrative Officer, or their authorized designees, on behalf of the county. In the alternative, an indemnification agreement may be negotiated on a case-by-case basis and approved by the Board of Supervisors.
(E) Applicants for general plan and specific plans amendment applications shall also be subject to § 19.29.006(B).
(F) All tentative maps, vesting tentative maps, parcel maps, final maps, and final or parcel map modification amendments are subject to Cal. Gov't Code § 66474.9 and therefore, the county may require as a condition for an application or approval, that the applicant defend, indemnify, and hold harmless the county from any claim, action, or proceeding against the county to attack, set aside, void, or annul, an approval of the county, the Planning Commission, or the Board of Supervisors concerning a subdivision, which action is brought within the time period provided for in Cal. Gov't Code § 66499.37. Any condition imposed shall require the county to promptly notify the applicant of any claim, action, or proceeding and that the county cooperate fully in the defense. The county may participate in the defense of any claim, action, or proceeding, if the county elects to bear its own attorney's fees and costs and defends the action in good faith. The applicant will not be required to pay or perform any settlement unless the applicant agrees to the settlement.
(G) The obligations specified in this chapter shall be binding upon on the successors in interest of the applicant.
(H) The Board of Supervisors may waive, on a case-by-case basis, any indemnification requirement of this chapter upon a request of the applicant.
(Ord. 876, § 1 (part), 2011)