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ASHE (THE GARRY FIVE, LLC)
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ASHE (THE GARRY FIVE, LLC)
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Last modified
2/26/2020 8:06:58 AM
Creation date
2/26/2020 8:03:03 AM
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Contracts
Company Name
THE GARRY FIVE, LLC dba ASHE
Contract #
A-2017-369-22
Agency
PLANNING & BUILDING
Council Approval Date
11/21/2017
Expiration Date
12/31/2020
Destruction Year
2025
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not required by the State of California for the type of cannabis facility or business <br />operation that is the subject of this AGREEMENT. <br />C. OPERATOR remains in compliance with any and all other laws and regulations <br />pertaining to commercial cannabis businesses. <br />D. OPERATOR shall remain in compliance with the operating requirements applicable <br />to commercial cannabis businesses contained in the City's Municipal Code. <br />6. OPERATOR Indemnification of CITY. <br />A. OPERATOR will indemnify CITY from any claims, damages, injuries, or liabilities of <br />any kind whatsoever sustained or incurred by CITY resulting from entering into this <br />AGREEMENT, and OPERATOR's performance and/or breach of this AGREEMENT. <br />B. OPERATOR agrees to defend, at its sole expense, any action against CITY, its <br />agents, officers, and employees related to this AGREEMENT. OPERATOR agrees <br />to indemnify and reimburse CITY for any court costs and attorney fees that CITY <br />may be required to pay as a result of any legal challenge related to this <br />AGREEMENT and/or CITY's approval of a Regulatory Safety Permit. CITY may, at <br />its sole discretion, participate at its own expense in the defense of any such action, <br />but such participation shall not relieve the OPERATOR of its obligation hereunder. <br />OPERATOR Compliance with Laws. <br />OPERATOR agrees to comply with the City of Santa Ana Charter and Municipal Code, <br />including but not limited to Chapters 18, 21 and 40, and the laws and regulations of the <br />State of California. <br />8. Default and Termination for Cause. <br />This AGREEMENT may be terminated by CITY for cause with thirty (30) days' written <br />notice to OPERATOR. Cause as used in this section, is defined as: <br />A. Failure to comply with the terms of the City of Santa Ana Cannabis Regulatory <br />Safety Permit issued to OPERATOR by CITY; <br />B. Failure of OPERATOR to maintain a valid active City of Santa Ana Business License <br />as the commercial cannabis business approved by the Regulatory Safety Permit and <br />as operating; <br />C. Failure of OPERATOR to comply with the requirements of the Community Benefits <br />and Sustainable Business Practices Plan; <br />D. Unauthorized transfer by OPERATOR of the City of Santa Ana cannabis business <br />Regulatory Safety Permit issued by CITY; <br />E. Failure by OPERATOR to accurately report gross receipts information or other data <br />necessary for CITY to calculate/confirm operating agreement fees; <br />F. Failure by OPERATOR to pay operating agreement fees and related reimbursement <br />costs within thirty (30) days of the date those fees are due; <br />
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