Burbank Municipal Code Div. 13 Indemnification

10-1-19400: PURPOSE

A. The purpose of this provision is to establish indemnity requirements on discretionary, administrative, and ministerial land use and entitlement applications and environmental determinations to ensure that the City of Burbank is held harmless from damages, liabilities, and costs associated with a legal challenge to a City land use action. [Added by Ord. No. 24-4,015, eff. 10/25/24]

10-1-19401: INDEMNIFICATION AGREEMENTS ON LAND USE APPLICATIONS, ENTITLEMENT APPLICATIONS, AND ENVIRONMENTAL DETERMINATIONS

A. At the time of submitting a discretionary, administrative, or ministerial land use and entitlement application for private projects and developments subject to the requirements of this chapter, and/or for environmental determination under the California Environmental Quality Act or National Environmental Policy Act, the applicant shall agree that the applicant, including their successors and assignees, will defend, indemnify, and hold harmless the City and its agents, officers, and employees from any claim, action or proceeding brought against the City, its agents, officers, or employees to attack, set aside, void or annul any such approval of the City, or any action taken to provide an environmental determination under the California Environmental Quality Act or National Environmental Policy Act by its agents, officers, employees, agencies, commissions, or City Council. The indemnification shall include damages awarded against the City, if any, cost of suit, attorney’s fees, administrative expenses, and other costs and expenses incurred in connection with such action, including, but not limited to, all such City costs and expenses incurred by enforcing this indemnification provision. Such indemnification agreement shall be subject to the approval as to legal form by the City Attorney. This duty to defend, indemnify, and hold harmless the City and its agents, officials and employees shall also be placed as a condition of approval for all such permits, entitlements, and approvals whether or not expressly set forth in such permit, application, entitlement, or approval, and shall apply even if the applicant fails or refuses to enter into the indemnification agreement. [Added by Ord. No. 24-4,015, eff. 10/25/24]

10-1-19402: LEGAL CHALLENGES

A. If a claim, action or proceeding described in subsection A of section 10-1-19401 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 such claim, action or proceeding, the City shall retain the right to: (1) approve the counsel to so defend the City; (2) approve all significant decisions concerning the manner in which the defense is conducted; and (3) approve any and all settlements, which approval shall not be unreasonably withheld. The City shall also have the right not to participate in such defense, except that the City agrees to cooperate with the applicant in the defense of such claim, action or proceeding. [Added by Ord. No. 24-4,015, eff. 10/25/24]