To the fullest extent permitted by law, the City of Culver City shall not assume any liability whatsoever with respect to having issued a Commercial Cannabis Business Permit pursuant to this Chapter or otherwise approving the operation of any commercial cannabis business. As a condition to the approval of any Commercial Cannabis Business Permit, the applicant, owner and permittee shall be required to meet all of the following conditions before a Commercial Cannabis Business Permit is issued:
A. The applicant, owner, and permittee must execute an agreement, in a form approved by the City Attorney, agreeing to indemnify, defend (at applicant's, owner's and permittee's sole cost and expense), and hold harmless the City of Culver City, and its officers, officials, employees, representatives, and agents from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the City's issuance of the Commercial Cannabis Business Permit, the City's decision to approve the operation of the commercial cannabis business or activity, the process used by the City in making its decision, or the alleged violation of any federal, state or local laws by the commercial cannabis business applicant, owner, permittee, or any of their officers, managers, employees or agents.
B. Maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate from time to time, as determined by the City Manager and City Attorney.
C. The applicant, owner, and permittee must execute an agreement, in a form approved by the City Attorney, agreeing to reimburse the City of Culver City for all costs and expenses, including but not limited to attorney fees and costs, which the City of Culver City may be required to pay as a result of any legal challenge related to the City's approval of the applicant's, owner's and permittee's Commercial Cannabis Business Permit, or related to the City's approval of the applicant's commercial cannabis activity. The City of Culver City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve any of the obligations imposed hereunder.
(Ord. No. 17-018 § 2 (part); Ord. No. 2017-020 § 2 (part); Ord. No. 2018-007 § 2 (part))