(A) To the fullest extent permitted by law, any actions taken by a public officer or employee under the provisions of this chapter shall not become a personal liability of any public officer or employee of the city.
(B) To the maximum extent permitted by law, the permittees under this chapter shall defend (with counsel acceptable to the city), indemnify and hold harmless the City of Riverbank, the Riverbank City Council, the Riverbank Planning Commission, and their respective officials, officers, employees, representatives, agents and volunteers (hereafter collectively called "city") from any liability, damages, actions, claims, demands, litigation, loss (direct or indirect), causes of action, proceedings or judgment (including legal costs, attorneys' fees, expert witness or consultant fees, City Attorney or staff time, expenses or costs) (collectively called "action") against the city to attack, set aside, void or annul, any food vending-related approvals and actions or implementation of such approvals and actions, including conditions of approval, if any. The city may elect, in its sole discretion, to participate in the defense of said action and the permittee shall reimburse the city for its reasonable legal costs and attorneys' fees.
(C) Within ten calendar days of the service of the pleadings upon the city of any action as specified in division (B) above, the permittee shall execute a Letter of Agreement with the city, acceptable to the City Attorney, which memorializes the above obligations. These obligations and the Letter of Agreement shall survive termination, extinguishment or invalidation of the food vending-related approval. Failure to timely execute the Letter of Agreement does not relieve the permittee of any of the obligations contained in this section or any other requirements or performance or operating standards that may be imposed by the city.
(Ord. 2021-004, passed 8-24-21)