HomeMy WebLinkAboutAgreement A-18-682 with Fresno Humane Animal Services.pdfAgreement No . 18-682
INDEMNIFICATION AND DEFENSE AGREEMENT
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THIS INDEMNIFICATION AND DEFENSE AGREEMENT ("Agreement") is
entered into this 11th day of December , 20:!1!_, by and between the COUNTY OF
FRESNO , a political subdivision of the State of California, ("COUNTY") and Fresno Humane
Animal Services , a California nonprofit corporation ("APPLICANT"), located at 760 West
Nielsen Avenue , Fresno , California 93706 , each a "Party" and together the "Parties" to thi s
7 Agreement.
8 RECITALS
9 WHEREAS , APPLICANT has applied to COUNTY for certain Land Use Approval s,
IO defined below, for the Project, defined below; and
11 WHEREAS , litigation challenging the granting or issuance of land use approvals by
12 governmental bodies is proliferating, and such litigation exposes COUNTY to potential liability
13 for damages , costs , and attorney 's fees; and
14 WHEREAS , in such litigation , the person or entity receivin g land use approvals is named
15 as a real party in interest and is the party that primarily and directly benefits from the granting or
16 issuance of the land use approvals ; and
17 WHEREAS , COUNTY 's Board of Supervisors is an objective decision-making bod y
18 and , therefore , has no special interest in the approval or denial of land use applications , or the
19 outcome of litigation arising from such grant or denial , except as to those which promote
20 important public policy; and
21 WHEREAS , COUNTY could incur great expense in the active defense of such litigation
22 and , if unsuccessful , may also be required to pay the attorney 's fees and costs of a challenger, if
23 th e court determines that the challenger is the prevailing party ; and
24 WHEREAS , fairness and sound fiscal policy require that the person or entity receiving
25 the benefits of a land use approval should also bear the burden of the liability for potential injuries
26 and the ex pense of such litigation ; and
27 WHEREAS , APPLICANT and COUNTY mutually desire to enter into this Agreement,
28 by which APPLICANT shall indemnify, (at COUNTY 's request) defend , save and hold harmles s
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the “Indemnified Parties” (as defined herein) as required herein, in order that the Indemnified
Parties shall bear no fiscal or financial burden whatsoever resulting from any litigation
challenging COUNTY’s grant or issuance of certain Land Use Approvals, defined below, to
APPLICANT; and
WHEREAS, COUNTY received notice on November 16, 2018 of Petitioners’, Forgotten
Fresno, Gonzalo Arias, Jr., Roger Day, and Elisa Bilios, intention to file a Petition of Writ of
Mandate in Fresno County Superior Court to challenge COUNTY’s grant of certain Land Use
Approvals, defined below, to APPLICANT pursuant to the California Environmental Quality
Act (“CEQA”) and California planning law.
NOW, THEREFORE, in consideration of APPLICANT’s request for COUNTY to
process an application for certain Land Use Approvals for the Project and other consideration the
receipt and sufficiency of which is hereby acknowledged, COUNTY and APPLICANT agree as
follows:
1. EFFECTIVE DATE
The Effective Date of this Agreement shall be _____________, 2018.
2. INCORPORATION OF RECITALS
The Recitals set forth above are incorporated herein by this reference and are
made a part of this Agreement as if set forth in their entirety.
3. DEFINITIONS
a) “APPLICANT” means the person or entity to whom the Land Use
Approvals have been, or will be, granted or issued, and his, her, or its heirs, assigns or successors
in interest.
b) “Business Day” means the business day of the Party required to perform
an obligation herein, provided however, a business day of Party who is an individual shall mean
Monday through Friday, inclusive. If this Agreement specifies a day or date by which a certain
action is to be taken or notice to be given, then the action to be taken or notice to be given must
be completed by 5:00 p.m. (Pacific time) on such date.
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IN WITNESS WHEREOF, APPLICANT and COUNTY hereby execute this Agreement.
APPLICANT:
FRESNO HUMANE ANIMAL SERVICES,
a California nonprofit corporation
Print Name:
Print Title:
Date:
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COUNTY OF FRESNO
Date: 1a--11-J ¥'.
BERNICE E . SEIDEL,
Clerk of the Board of Supervisors
County of Fresno, State of California
By .S.USO-cv::-~Sb a:,p
Date: /a~ 1 l -l ~