LDS CHURCHES AND MARICOPA COUNTY AZ TEMPORARY USE AGREEMENT FOR VOTING LOCATIONS.DOCX

Maricopa County — Formal (2024-01-24)

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Temporary Use Agreement US 220915 (for Polling/Voting – Multiple Locations) Maricopa County AZ
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TEMPORARY USE AGREEMENT – Maricopa County
(for Polling/Voting – Multiple Locations)
This Temporary Use Agreement (“Agreement”) is made and entered into this       day of      , 2024, by and between The Church of 
Jesus Christ of Latter-day Saints, a Utah corporation sole (“Owner”), and Maricopa County in the State of Arizona (“User”). In order to 
further Owner’s purposes and mission, and based on the mutual promises and the conditions set forth herein, and for other good and 
valuable consideration, the parties agree as follows:
1.
Property Use and Term
a.
Location. Owner has certain real property at the 
locations set forth in the attached Exhibit A, 
incorporated herein, (individually the “Property” and 
collectively the “Properties”).
b.
Area of Use. User desires to use the parking lot, foyer, 
gym, hallways (and bathrooms only for User’s workers) 
of the Properties (“Designated Area”).
c.
Term and Hours of Use (2024). 
[1] March PPE: March 18 (all day), March 19 (all day), 
March 20 (before 5:00 p.m.); and
[2] August Primary: August 5 (all day), August 6 (all 
day); August 7 (before 5:00 p.m.); and
[3] November General:  November 4 (all day), 
November 5 (all day), November 6 (before 5:00 p.m.); 
(these collectively the “Use Periods” and “Usage 
Time”, not to exceed one year).
Unless otherwise specifically stated, this Agreement does 
not give the User any right to use the Properties on Sunday 
or during the times of any scheduled use by Owner. The 
Properties are closed from use during funerals and 
associated family luncheons. There will be no entry into or 
use of the chapel area unless specifically approved by 
Owner. There will be no entry to or use of a baptismal font 
or ecclesiastical office areas, such as bishops’ offices, 
stake president’s office, and clerks’ offices. By the end of 
the Usage Time each day, User will vacate the Designated 
Area and leave it in the same condition as it was prior to the 
Usage Time. 
d.
User’s Intended Use and Purpose.  Set up 
and use as polling location for individuals to come and 
cast votes.
2.
License. Owner grants User, its employees, agents, 
members, licensees, and other invitees a revocable, 
nonexclusive license to temporarily use the Designated 
Area for the Use Periods during the Usage Time. 
3.
Maintenance and Maintenance Fees. User shall be 
responsible for daily maintenance and cleaning of the 
Designated Area. User shall pay Owner a maintenance fee 
of $      prior to use to reimburse Owner for costs to 
make the space available, including utilities and reasonable 
wear and tear. In addition, User shall pay for any and all 
cleaning and sanitization of the Designated Area deemed 
necessary by Owner as well as all other associated costs 
and expenses incurred by Owner.
4.
Conduct. User is responsible for preserving the condition 
of the Designated Area during the Usage Time. User 
acknowledges that the Properties are well-maintained, in 
good condition, with no significant damage. No later than 
12 hours after the beginning of the Use Periods, User will 
conduct a thorough walk-through and notify Owner in 
writing of any significant damage to the Properties that 
existed prior to User’s license to use the Designated Area. 
User will promptly notify Owner and repair or pay for all 
damage to the Designated Area and Properties caused by 
any of User’s employees, agents, members, licensees, or 
invitees. User will not disrupt, adversely affect, or interfere 
with other users of the Properties. User will not charge 
anyone for the use of the Properties nor allow goods or 
services to be sold on the Properties. Repairs performed by 
or paid for by User shall return the Designated Area or 
Properties to the condition it was before the damage 
occurred.  
5.
Condition of Property. Owner makes no warranty or 
representation about the Properties. Owner is under no 
obligation to prepare or repair the Designated Area or 
Properties. User accepts the Designated Area and 
Properties and all aspects thereof in “as is, where is” 
condition, with all faults and without warranties of any kind, 
expressed or implied. User hereby waives all warranties, 
expressed or implied, regarding the title, condition, and use 
of the Designated Area and Properties, including but not 
limited to any warranty of merchantability or fitness for a 
particular purpose. 
6.
Right of Owner to Revoke License. At any time, Owner 
may revoke any license granted by Owner to use the 
Properties or Designated Area, at Owner’s sole and 
absolute discretion. If the license is revoked, User will 
immediately vacate the Properties and leave the 
Designated Area in a neat and orderly condition. Should 
Owner revoke during, or less than 24 hours prior to, the 
scheduled use (and if User is not in breach of any provision 
of this Agreement), Owner shall pay User an inconvenience 
fee of $50 at User’s request. User’s total damages shall be 
limited to the inconvenience fee. User waives all other 
damages. If User has commenced use of the Designated 
Area, User shall be responsible for the cleaning and repair 
costs outlined in paragraphs 3 and 4 regardless of when 
Owner revokes the License.
7.
Owner’s Standard Rules and Conditions. User will 
ensure that User, its employees, agents, members, 
licensees, and invitees: 
a.
Comply with all applicable Federal, State, and local 
laws, regulations, rules, and ordinances.
b.
Do not use or consume alcohol or cannabis, or illegally 
use drugs, on the Properties or enter on the Properties 
while under their influence.
c.
Do not smoke or vape anything on the Properties. Do 
not use tobacco in any form on the Properties.
d.
Do not bring or consume coffee or tea on the 
Properties.
e.
Refrain from using profanity or being discourteous or 
uncivil to others on the Properties.
f.
Do not view or allow pornographic or other indecent 
materials on the Properties.
g.
Do not play obnoxious or loud music on the Properties. 
h.
Refrain from wearing immodest, offensive, or 
obnoxious clothing, while on the Properties.
i.
Do not bring weapons on the Properties.
j.
Do not bring cooking equipment or heaters into the 
meetinghouse on the Properties. 
k.
Do not permit minors to use or be on the Properties 
without adult supervision at all times. 
l.
Do not bring or permit pets or animals, other than 
trained service dogs, on the Properties. 
m.
Leave the Designated Area in its pre-use condition. 
n.
Ensure that all applicable government and industry 
safety precautions, recommendations, rules, and

Temporary Use Agreement US 220915 (for Polling/Voting – Multiple Locations) Maricopa County AZ
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standards are implemented and strictly observed.
8.
Reservation by Owner. Owner reserves the right to use 
the Designated Area for any purpose at any time. Without 
limiting the above, Owner reserves the right (a) to have 
pedestrian and vehicular ingress and egress on and over 
the Designated Area; (b) to reasonably relocate or modify 
the Designated Area at any time; and (c) to grant other 
nonexclusive licenses and rights within or on the 
Designated Area to others.  
9.
Indemnity.  User shall, at its sole expense, indemnify, hold 
harmless, and defend (with counsel acceptable to Owner) 
Owner and Owner’s officers, employees, directors, 
representatives, contractors, agents, servants, attorneys, 
affiliates, parents, subsidiaries, successors, volunteers, and 
assigns against all claims, losses, costs, damages, 
expenses, liabilities, liens, actions, causes of actions, 
assessments, taxes, injury, property damage (including 
Owner’s property), fines, and penalties of any kind, 
including court costs and attorney fees incurred from any 
cause, other than Owner’s gross negligence or willful 
misconduct, arising out of or relating to this Agreement or 
User’s use of the Properties. User shall be solely 
responsible for liability, damage, or harm to or from User’s 
equipment brought on to the Properties.
10. No Assignment. User shall not, and shall not have any 
right to, assign, transfer, or sublicense this Agreement or 
any license to use the Properties or Designated Area. 
11. Signage and Publicity. Any mention of Owner in signage 
or other publicity by User must be approved in advance by 
Owner, but no prior approval is required to publicize the 
Property’s street address. 
12. No Real Property Rights; No Third-Party Rights. Nothing 
in this Agreement creates or confers any real property 
rights or interests to User or any other person. The license 
granted herein is for use by User and its employees, 
agents, members, licensees, and invitees in connection 
with usage within the Designated Area during the Use 
Periods and Usage Time and for the purposes expressed 
herein. Nothing in this Agreement shall be deemed to open 
the Properties to any other party for any other purpose. 
13. Not A Federal Government Contract. User represents: 
(1) User is not a federal governmental entity or 
instrumentality, and that User’s use of any portion of 
Owner’s Property is not required under any federal 
government contract or subcontract whereby Owner could 
be considered a federal government contractor or 
subcontractor, (2) this Agreement is not, and shall not be, 
or considered to be, a Federal governmental contract, 
Federal government subcontract, or third-party contract, 
and (3) by entering into this Agreement, Owner does not 
become a subrecipient, subgrantee, project participant, or 
third-party contractor or subcontractor.  In the event that 
any of these representations are alleged to be inaccurate, 
Owner may declare this Agreement null and void ab initio 
based on frustration of purpose as if this Agreement had 
never been entered into.
14. Jurisdiction and Governing Law. To the maximum extent 
permitted by law, this Agreement and all matters related to 
it will be governed by and enforced in accordance with the 
laws of the State of Utah, without reference to choice of law 
rules. All disputes arising from or related to this Agreement 
will be decided only in the local or federal courts of Salt 
Lake County, Utah, and not in any other court or state. The 
parties hereby consent to the jurisdiction of the local and 
federal courts of Salt Lake County, Utah, and waive any 
other venue to which they might be entitled by virtue of 
domicile, residence, place of business, or otherwise. 
15. Attorney Fees.  If either party commences legal action to 
enforce or rescind any term of this Agreement, the 
prevailing party will be entitled to recover its attorney fees 
and costs (including without limitation copy costs, expert 
and consultant fees, and expenses) incurred in that action 
and on all appeals, from the other party. 
16. Insurance. User shall obtain and maintain throughout the 
term of this Agreement liability insurance sufficient to insure 
against claims for personal injury, bodily injury, death, and 
property damage occurring on, in, or about the Properties 
or in any way connected to the operations of the User as 
they relate to this Agreement. The liability insurance shall 
provide limits of not less than $5,000,000 each occurrence 
and in general aggregate.  User shall also obtain a policy of 
umbrella / excess insurance of $10,000,000 per occurrence 
and in the aggregate, which policy will name Owner as an 
additional insured by an endorsement to the policy.  User 
will present to Owner a Certificate of Liability Insurance on 
an ACORD 25 Form (or its equivalent) showing evidence of 
the above coverage, with the additional insured 
endorsement attached. 
17. Waiver of Subrogation. User waives all rights of 
subrogation against Owner and will require its insurance 
company’s waiver of subrogation rights against Owner. 
18. Entire Agreement.  This Agreement contains the entire 
agreement of the parties related to the use set forth herein 
and supersedes all prior agreements, warranties, 
representations, or promises pertaining to such use.
19. Authority of Signor.  _The undersigned hereby represent 
and warrant that they have full and complete authority to 
bind the party they represent to each and all terms of this 
Agreement.
Owner:
User:
The Church of Jesus Christ of Latter-day Saints,
a Utah corporation sole.
Maricopa County
Signature:
Signature:
Print Name:      
Print Name:       
Title:      
Title:       
Address:      
Address:       
Telephone No:      
Telephone No:      
Email:       
Email:

Temporary Use Agreement US 220915 (for Polling/Voting – Multiple Locations) Maricopa County AZ
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4878-0140-6622
Exhibit A
(Property / Properties)

Temporary Use Agreement US 220915 (for Polling/Voting – Multiple Locations) Maricopa County AZ
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4878-0140-6622