(A) Any application for wireless telecommunication facilities that is proposed to be located on city property shall contain a signed statement fully and completely indemnifying the city. Such provision shall require the applicant, to the extent permitted by applicable law, to at all times defend, indemnify, protect, save, hold harmless and exempt the city and its officers, boards, 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 therefrom, 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, repair, installation, replacement, removal or restoration of said facility or complex, excepting, however, any portion of such claims, suits, demands, causes of action or award of damages as may be attributable to the negligent or intentional acts or omissions of the city, or its servants or agents. With respect to the penalties, damages or charges referenced herein, reasonable attorney’s fees, consultant’s fees, and expert witness fees are included in those costs that are recoverable by the city.
(B) Notwithstanding the requirements noted in division (A) above, an indemnification provision will not be required in those instances where the city itself, or an agency or department of the city, applies for and secures a conditional use permit for a wireless telecommunications facility or complex.
(Ord. 2016-4-26-38, passed 4-26-2016)