As a condition to map approval, the town shall require that the subdivider defend, indemnify and hold harmless the town against any claim or action brought under the Cal. Gov’t Code § 66499.37 to attack an approval by the town, or any of its entities, concerning a subdivision.
(A) General. Such a condition may require indemnification of any agent, officer and employee of the town, as well as indemnification of the town, the Town Council and the Planning Commission.
(B) Exception. The town may not require, as a condition of tentative, final or parcel map application or approval, that the subdivider defend, indemnify, or hold harmless the town or its agents, officers and employees from any claim, action or proceeding against the town as a result of its failure to review or act upon the map within the required time limit.
(C) Notice.
(1) The town shall promptly notify the subdivider of a claim against it.
(2) If the town fails to promptly give the notice, the subdivider shall not be responsible to defend, indemnify or hold harmless the town.
(D) Cooperation.
(1) The town shall cooperate fully in the defense.
(2) If the town fails to cooperate fully in the defense, the subdivider shall not be responsible to defend, indemnify or hold harmless the town.
