Portola Valley Municipal Code Ch. 18.82 Indemnification of Town

An applicant who applies for a permit or entitlement for development or any successor in interest ("applicant") shall, as a condition of such application and process, be subject to the indemnification requirements set forth in this chapter.

(Ord. 2026-455, § 2 (Exh. A), 2026)

The applicant shall defend (with counsel of the town's choosing), indemnify, and hold harmless the town, its agents, officers, and employees from and against:

A. Any and all claims, demands, actions or proceedings against the town, its agents, officers, and employees to attack, set aside, void, or annul approval of any permit or arising out of or in any way relating to any actions taken by the town related to approval of a project; and

B. Any and all claims, demands, actions, expenses or liabilities arising from, or in any manner relating to, construction, installation, alteration or grading work (whether on private or public property) which is the subject of a permit approval and performed by such applicant or by any person acting on behalf of such applicant.

The applicant's duty under this section shall not apply to the extent such claims arise out of the sole negligence or willful misconduct of the town, its agents, officers, and employees.

(Ord. 2026-455, § 2 (Exh. A), 2026)

The town shall promptly notify the applicant of any claim, action, or proceeding regarding the project and the parties shall cooperate fully in the defense of such claim, action, or proceeding.

(Ord. 2026-455, § 2 (Exh. A), 2026)

The town may require proof of a policy or policies of liability and other insurance coverage (including, but not limited to, contractual liability coverage) consistent with the applicable insurance standards of the town.

(Ord. 2026-455, § 2 (Exh. A), 2026)

TITLE 18 FOOTNOTES

1. Editor's Note: The zoning map of the town is on file at the office of the town clerk.