Attachment 2: BMC Section 10-1-19400 - Table Summary
Summary of Recommended Amendments to the BMC,
BMC Code Section Overview of Proposed Amendment
10-1-19400: Purpose
This section outlines the purpose of this division to
establish indemnification requirements on discretionary, administrative, and ministerial for private projects and developments and/or environmental determinations from
CEQA to ensure that the City of Burbank is protected and held harmless from damages, liabilities, and costs
associated with a legal challenge to a City action.
10-1-19401:
Indemnification
Agreements on Land Use
Applications, Entitlement
Applications, and
Environmental
Determinations
This section discusses how the indemnification
agreement will be applied and the responsibilities of the applicant. As part of the land use and entitlement
applications, the applicant shall be required to sign an acknowledgement form stating awareness of the
indemnification agreement. The agreement shall also be
placed as a condition of approval to all applications and shall apply even if the applicant fails or refuses to enter into the indemnification agreement.
10-1-19402:
Legal Challenges
Discusses the City’s rights and involvement if a claim, lawsuit, or action is taken against the City . In the event of such of a legal challenge, the City will promptly inform the applicant. The City shall also cooperate with the
applicant throughout the entire proceeding. The City will retain the right to: (1) approve defense counsel; (2)
approve all significant defense decisions; and (3)
approve case settlements, while also reserving the
option not to participate directly in the defense.