To the fullest extent permitted by law, the City of Placerville 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 shall be required to meet all of the following conditions before they can receive the commercial cannabis business permit:
(A) Execute an agreement, in a form approved by the City Attorney, agreeing to indemnify, defend (at applicant's sole cost and expense), and hold the City of Placerville, and its officers, officials, employees, representatives, and agents, harmless, 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 or any of its officers, employees or agents, including any and all claims, injuries, damages or liabilities of any kind arising from: 1) any repeal or amendment of this chapter or any provision of this Code relating to cannabis, and 2) any arrest or prosecution of its managers, employees or members for violation of State and Federal laws; 3) brought by adjacent or nearby property owners or any other parties for any damages, injuries or other liabilities of any kind arising from commercial cannabis operations; and 4) brought by any party for any problems, injuries, damages or other liabilities of any kind arising out of the distribution of cannabis produced or processed by a business permitted by the City of Placerville.
(B) Maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate from time to time by the City Manager.
(C) Reimburse the City of Placerville for all costs and expenses, including but not limited to legal fees and costs and court costs, which the City of Placerville may be required to pay as a result of any legal challenge related to the City's approval of the applicant's commercial cannabis business permit, or related to the City's approval of a commercial cannabis activity. The City of Placerville 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. 1694, 10-9-2018)