19.40.070 Indemnification as condition of discretionary land use and development permits and approvals.

Except where otherwise expressly prohibited by state or federal law, an applicant for any discretionary land use or development permit, license, authorization, entitlement, or other approval from the city of American Canyon or any of the city of American Canyon elected officials, officers, employees, attorneys, representatives, boards, commissions, volunteers, and agents shall as a prerequisite for the approval agree to defend, indemnify, and hold harmless the city of American Canyon, its elected officials, officers, employees, attorneys, representatives, boards, commissions, volunteers and agents from and against all claims, actions, including actions to arbitrate or mediate, damages, losses, judgments, liabilities, expenses and other costs, or proceedings against the city, its elected officials, officers, employees, attorneys, representatives, boards, commissions, volunteers, or agents to attack, modify, set aside, void, or annul an approval, conditional approval, permit, entitlement, environmental document, environmental clearance, mitigation plan, or any other document or any of the proceedings, acts, or determinations taken, done, or made prior to granting of such approval, conditional approval, permit, entitlement, environmental clearance, environmental document, mitigation plan, or other document, by the city, including, without limitation, an action against an advisory agency, appeal board, or legislative body within the applicable limitation period.

Notwithstanding the foregoing, the city has the right to participate in the defense of any claim, action, or proceeding provided the city bears its own costs and attorneys' fees directly associated with such participation and defends the action in good faith. The applicant will not be required to pay or perform any settlement unless the applicant agrees to the settlement.