17.104.040 Applicant indemnification.
A. Applicant Agreement.
1. At the time of submitting an application for a discretionary land use approval, the applicant shall agree as part of the application to defend (with legal counsel of city’s selection), indemnify, and hold harmless the city and its agents, attorneys, employees, and officers from any action, claim, or proceeding brought against the city or its agents, employees, and officers to annul, attack, set aside, or void a discretionary land use approval of the city.
2. The required indemnification shall include damages awarded against the city, if any, costs of suit, attorney’s fees, and other costs and expenses incurred in connection with the action.
B. City Notification of Applicant. In the event that an action, claim, or proceeding referred to in subsection A of this section is brought, the city shall promptly notify the applicant of the existence of the action, claim, or proceeding and shall 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 attorney’s fees and costs and defends the action in good faith. (Ord. 1650 § 3 (Exh. B), 2018)