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Ord 2116 - Amending Chapter 1 of the Town of Los Gatos Municipal Code adding Section 1.10.115 requiring that applicants defend and indemnify the Town in legal challenges to the issuance of permits, licenses, entitlements or approvalsORDINANCE 2116 ORDINANCE AMENDING CHAPTER 1 OF THE TOWN OF LOS GATOS MUNICIPAL CODE ADDING SECTION 1.10.115 REQUIRING THAT APPLICANTS DEFEND AND INDEMNIFY THE TOWN IN LEGAL CHALLENGES TO THE ISSUANCE OF PERMITS, LICENSES, ENTITLEMENTS OR APPROVALS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I Chapter 1 of the Los Gatos Town Code is amended by adding section 1.10.115 to read as follows: Section 1.10.115. Indemnification of Town Except as otherwise provided by law, an applicant who receives a permit, license, entitlement, or other approval pursuant to Chapters 6, 12, 14 and 29 of this Code shall defend, indemnify, and hold harmless the Town and its officials and employees in any action brought by a third party to overturn, set aside, or void such permit, license, entitlement, or approval. This duty to defend, indemnify, and hold harmless the Town and its officials and employees is a condition of approval of all such permits, entitlements, licenses and approvals whether or not expressly set forth in such permit, license, entitlement, or approval. SECTION II If any of the provisions of this ordinance or the application thereof to any person or property is held invalid, such invalidity shall not affect the other provisions of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. SECTION III Any judicial review of this ordinance shall be by writ of mandate, under Code of Civil Procedure 1085. Any action or proceeding seeking to attack, review, set aside, void or annul this 1 ordinance shall be commenced within 90 days after adoption of this ordinance This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on August 18, 2003 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on September 2, 20003. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman, Mayor Sandy Decker. NAYS: None ABSENT: None ABSTAIN: None ' SIGNED: AYOR F THE TOWN OF LOS GATOS LOS GA OS, CALIFORNIA ATTEST: W', CLERK OF THE TOWN OF LftGA S L OS GATOS, CALIFORNIA 2