Laserfiche WebLink
Association resulting from the City's potential future issuance of the RSP and or any Building <br />Permit to Purple Hollistic. <br />NOW, THEREFORE, in consideration of the premises above, the mutual proinises of the <br />parties herein, and other good and valuable consideration, the sufficiency of which is hereby <br />confirmed and acknowledged by the parties, the parties agree as follows: <br />1. Acceptance of Application for Regulatory Safety Permit. The City shall permit <br />Purple Hollistic to proceed with his application for a Regulatory Safety Permit ("RSP") for the <br />operation of a medical marijuana dispensary at the Property as authorized under Article 18 of <br />Chapter 18 of the Santa Ana Municipal Code ("SAMC") upon execution of this Agreement, which <br />shall serve as a substitute for the letter of authorization from the Association. The fully executed <br />Agreement shall be deemed to satisfy the letter requirement of the SAMC. The City's acceptance <br />of the Agreement is done solely to satisfy the requirement of the submission of the letter and shall <br />not be deemed to represent, promise or guarantee the future issuance of a Building Permit or RSP. <br />2. Indemnification. To the fullest extent permitted by applicable law, Mr. Franey <br />shall indemnify, defend, and hold harmless the City, its agents and/or employees, from any and all <br />expenses, attorney's fees, costs, losses, claims, demands, causes of action, damages, judgment <br />liens, encumbrances, orders, awards or other legal liability attributable to any claims by the <br />Association with respect to the City's acceptance of this Agreement in -lieu of a letter and any <br />future issuance of a Building Permit or RSP to Mr. Franey for operation of a medical marijuana <br />collective located at the Property should Mr. Franey qualify for such permits. <br />3. Successors and Assigns. Assignment. This Agreement shall be binding upon and <br />inure solely to the benefit of the parties hereto and their respective executors, administrators, <br />successors and assigns and shall not be enforceable by or inure to the benefit of any third party. <br />4. Revocation of RSP. In the event that, the City issues an RSP in the future, this <br />Agreement does not in any way restrict or limit the City's authority to revoke the RSP issued to <br />Mr. Franey, on Purple Hollistic's behalf, in the event of any violation of Article 18 of Chapter 18 <br />of the SAMC. <br />5. Amendments. This Agreement may only be modified or terminated by a writing <br />signed by the parties hereto, and no waiver hereunder shall be effective unless in writing and signed <br />by the party to be charged. <br />6. Counterparts. This Agreement may be executed in counterparts (any one of which <br />may be by facsimile), each of which shall be deemed an original and each of which shall constitute <br />one and the same instrument. <br />7. Governing Law. All question concerning the constriction, validity and <br />interpretation of this Agreement shall be governed by and construed in accordance with the laws <br />(both substantive and procedural) of the State of California applicable to contracts executed in and <br />to be performed in the State of California. <br />N <br />