Abutting, underlying real property landowners (fee owners), shall indemnify and hold
harmless the city, its agents, officers and employees, their successors and assigns,
individually or collectively, from and against all liability for any fines, claims,
suits, demands, action or causes of action of any kind and nature including but not
limited to, personal injury or death, and property damage, in any way arising out
of or resulting from the construction or placement of the facility or improvement.
This indemnification shall be a prerequisite to the issuance of the permit. The permit
holder shall pay all expenses incurred in defending against any such claims made against
the city; however, the permit holder shall not be liable for any injury, damage or
loss caused by the sole negligence or willful misconduct of the city, its agents or
employees. The permit holder and the city shall give prompt and timely notice of any
claim made, or suit instituted, which in any way affects or might affect either party
under this section.
(Ord. No. 91-156, § 1, 7-1-91)
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