FRANCY, CHRISTOPER (2)-2017 - Laserfiche WebLink

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