Any application for a wireless telecommunication facility that is proposed for city property pursuant to this Chapter shall contain a provision with respect to indemnification. Such provision shall require the applicant, to the extent permitted by law, to at all times defend, indemnify, protect, save, hold harmless, and exempt the City and its officers, board, 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 there from, either at law or in equity, which might arise out of, or are caused by the placement, construction, erection, modification, location, products, performance, use, operation, maintenance, installation, repair, replacement, removal, or restoration of said facility, excepting however, any portion of such claims, suits, demands, causes of action or award of damages that may be attributable to the negligent or intentional acts or omission of the City, or its servants or agents. 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 City.
(Ord. 45-08. Passed 12-15-08.)