Each application for a planning permit shall include an agreement by the property owner or authorized applicant, that the property owner or authorized applicant, their successors and assigns, will defend, indemnify, and hold harmless the city and its agents, officers, attorneys, and employees from any claim, action, or proceedings (collectively referred to here as "proceeding") brought against the city or its agents, officers, attorneys or employees within the applicable statute of limitations to:

A.

Attack, set aside, void, or annul any action approving an application (including any action to provide environmental clearance in compliance with the California Environmental Quality Act - CEQA), by city staff, any city planning or advisory agency, any city appeal board, or the city council; or

B.

Seek damages for property damage or personal injuries resulting from development authorized by the city pursuant to the application.

(Ord. 776, 10-15-2007)

The indemnification agreement shall be in a form acceptable to the city attorney, and indemnification shall include:

A.

Damages, fees and/or costs awarded against the city, if any, and cost of suit, attorney's fees, and other damages, costs, liabilities and/or expenses incurred in connection with the application or any development authorized pursuant to the application, whether incurred by the applicant, the city, any party initiating or bringing the proceeding, and/or any other party; and

B.

A provision obligating the property owner or authorized applicant, their successors and assigns, to indemnify the city for all of the city's costs, fees, and damages that the city incurs in enforcing the indemnification provisions of this section and/or the agreement's indemnification provisions.

(Ord. 776, 10-15-2007)

At the time of filing an application, the applicant shall agree as part of the application, that the applicant, their successors and assigns, will defend, indemnify and hold harmless the city, its agents, officers, employees and attorneys for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending any document (including an environmental impact report (EIR), negative declaration, specific plan, or general plan amendment) if made necessary by the proceeding, and if the applicant desires to pursue securing the planning permit or approval and/or legislative act, after initiation of the proceeding, which is conditioned on the approval of the document.

(Ord. 776, 10-15-2007)

Even if the applicant for a discretionary approval described in subsection A of this section fails or refuses to enter into the agreement specified in subsections A, B, and C of this section, that the applicant, or the owner of the site if different from the applicant, their successors and assigns, whether in whole or in part, shall, as a condition to any of the approvals specified in this chapter:

A.

Defend, indemnify and hold harmless the city and agents, officers, attorneys and employees from any claim, action, or proceeding (collectively referred to as proceeding) brought against the city or its agents, officers, attorneys or employees to attack, set aside, void, or annul the city council's or planning commission's decision to approve any development or planning permit, license, approval or authorization, or general plan amendment, zoning amendment, approvals and certifications under the California Environmental Quality Act (CEQA) and/or any mitigation monitoring program, but excluding any subdivision approval governed by Government Code Section 66474.9. This indemnification shall include damages, fees and/or costs awarded against the city, if any, and cost of suit, attorney's fees, and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by applicant, the city, and/or the parties initiating or bringing the proceeding;

B.

Defend, indemnify and hold harmless the city, its agents, officers, employees and attorneys for all costs incurred in additional investigation and/or study of, or for supplementing, preparing redrafting, revising, or amending any document (e.g., a negative declaration, EIR, specific plan or general plan amendment), if made necessary by the proceeding and if applicant desires to pursue securing these approvals, after initiation of such proceeding, which are conditioned on the approval of such documents; and

C.

Indemnify the city for all the city's costs, fees, and damages which the city incurs in enforcing the indemnification provisions set forth in this section.

(Ord. 776, 10-15-2007)

In the event that a proceeding described in subsection A of this section is brought against and served on the city, the city shall promptly notify the owner and the authorized applicant of the existence of the proceeding and the city will cooperate fully in the defense of the proceeding. Nothing in this section shall prohibit the city form participating in the defense of any proceeding.

(Ord. 776, 10-15-2007)

In the event that the owner or authorized applicant is required to defend the city in connection with any action proceeding described in this section, the city shall retain the right to approve:

A.

The counsel to defend the city;

B.

All significant decisions concerning the manner in which the defense is conducted; and

C.

Any and all settlements, which approval shall not be unreasonably withheld.

The city shall also have the right not to participate in the defense, except that the city agrees to cooperate with the applicant in the defense of the proceeding. If the city chooses to have counsel of its own defend any 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. Notwithstanding the above, if the city attorney's office participates in the defense, all city attorney fees and costs shall be paid by the applicant.

(Ord. 776, 10-15-2007)