19.40.080 Scope of indemnification requirement.

(A) The obligation to defend, indemnify and hold the city harmless shall include the payment of all costs in connection with the defense of any claim, action, or proceeding challenging the entire or a portion of an approval, conditional approval, permit, entitlement or any other document of any related claim. Such defense costs include legal costs, attorneys' fees (including a third party award of attorneys' fees), and fees of persons and consultants retained by the city, arising out of, resulting from, or in connection with the city's act or acts leading up to and including approval of any environmental document, environmental clearance, or mitigation plan granting approvals to the applicant, incurred on behalf of, or by, the city, its elected officials, officers, employees, representatives, attorneys, boards, commissions, volunteers and agents.

(B) The obligation to defend, indemnify, and hold the city harmless shall include, but not be limited to, the cost of preparation of any administrative record by the city, staff time, copying costs, court costs, or attorneys' fees arising out of a suit or challenge contesting the adequacy of a permit, approval, conditional approval, entitlement, environmental document, mitigation plan, environmental clearance, or any other document or approval related to the applicant's project.

The city will promptly notify the applicant of any claim, action, or proceeding and will cooperate fully in the defense. If the city fails to promptly notify the applicant of any claim, action, or proceeding, or the city fails to cooperate fully in the defense, the applicant shall not be responsible to defend, indemnify, or hold harmless the city.

(C) In the event a legal challenge to a city permit, approval, conditional approval, environmental document, environmental clearance, mitigation plan, entitlement or any other document, proceeding, determination, or action related to the applicant's project is successful, and an award of attorneys' fees is granted against the city, the applicant shall be responsible to timely pay the full amount of such an award.