§ 26-92-030. Indemnification of county.

(a)

At the time of submitting an application for a discretionary approval which is the subject of this chapter, the applicant shall agree, as part of the application, to defend, indemnify and hold harmless the county and its agents, officers, attorneys and employees from any claim, action or proceeding brought against the county or its agents, officers, attorneys or employees to attack, set aside, void or annul an approval of the county, its advisory agencies, appeal boards of board of supervisors, which action is brought within the applicable statute of limitations. The indemnification shall include damages awarded against the county, if any, costs of suit, attorney fees and other costs and expenses incurred in connection with such action.

(b)

In the event that a claim, action or proceeding discussed in subsection (a) is brought, the county shall promptly notify the applicant of the existence of the claim, action or proceeding and will cooperate fully in the defense of such claim, action or proceeding. Nothing set forth in this section shall prohibit the county from participating in the defense of any claim, action or proceeding if the county elects to bear its own attorney fees and costs and defends the action in good faith.

(Ord. No. 4643, 1993.)