Chapter 22.54 — INDEMNIFICATION OF CITY FOR DISCRETIONARY APPROVALS

• A. At the time of submitting an application for a discretionary approval which is the subject of this Title, and/or for environmental clearance under the California Environmental Quality Act, the applicant shall agree, as part of the application, to defend, indemnify, and hold harmless the City and its agents, officers, attorneys and employees from any claim, action, or proceeding brought against the City or its agents, officers, attorneys or employees to attack, set aside, void, or annul any such approval of the City, or an action taken to provide environmental clearance under the California Environmental Quality Act by its advisory agencies, appeal boards, or City Council, which action is brought within the applicable statute of limitations. The indemnification shall include damages awarded against the City, if any, cost of suit, attorney's fees, and other costs and expenses incurred in connection with such action whether incurred by the applicant, the town, and/or the parties initiating or bringing such action.

• B. Also at the time of submitting such an application, the applicant shall agree, as part of the application, to defend, indemnify and hold harmless the City, its agents, officers, employees and attorneys for all costs incurred in additional investigation of or study of, or for supplementing, redrafting, revising, or amending any document (such as an EIR, Negative Declaration, Specific Plan, or General Plan Amendment) if made necessary by said action and if the applicant desires to pursue securing such approvals, after initiation of such litigation, which are conditioned on the approval of such documents.

• C. In the event that a claim, action or proceeding described in [Subsection] A, above, is brought, the City shall promptly notify the applicant of the existence of the claim, action or proceeding and the City will cooperate fully in the defense of such claim, action or proceeding. Nothing in this Section shall prohibit the City from participating in the defense of any claim, action or proceeding. In the event that the applicant is required to defend the City in connection with any said claim, action or proceeding, the City shall retain the right to: (i) approve the counsel to so defend the City, (ii) approve all significant decisions concerning the manner in which the defense is conducted, and (iii) approve any and all settlements, which approval shall not be unreasonably withheld. The City shall also have the right not to participate in said defense, except that the City agrees to cooperate with the applicant in the defense of said claim, action or proceeding. If the City chooses to have counsel of its own defend any claim, action or proceeding where the applicant has already retained counsel to defend the City in such matters, the fees and expenses of the counsel selected by the City shall be paid by the City.

• (Ord. 1166 C.S. § 1, 1991)

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City of Martinez, CA