81.0150 Legal Defense Fee Responsibility.

(a) As a condition of approval of a land use application, the applicant shall agree to defend, indemnify, and hold harmless the City or its agents, officers and employees from any claim, action, or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul an approval of the City, an advisory agency, appeal board or legislative body concerning the map or permit or any other action relating to or arising out of such approval when such action is brought within the applicable statute of limitations.

(b) Any condition of approval imposed pursuant to the provisions of this section shall include a requirement that the City promptly notify the applicant of any claim, action, or proceeding and that the City cooperate fully in the defense. If the City fails to promptly notify the applicant of any claim, action or proceeding, or if the City fails to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify, or hold the City harmless. (c) If any provision of this section is found invalid by a court of law, the remaining provisions of this section shall remain in full force and effect.