LDS CHURCHES AND MARICOPA COUNTY AZ TEMPORARY USE AGREEMENT FOR VOTING LOCATIONS.DOCX
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Temporary Use Agreement US 220915 (for Polling/Voting – Multiple Locations) Maricopa County AZ Page 1 of 4 4878-0140-6622 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 Page 2 of 4 4878-0140-6622 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 Page 3 of 4 4878-0140-6622 Exhibit A (Property / Properties) Temporary Use Agreement US 220915 (for Polling/Voting – Multiple Locations) Maricopa County AZ Page 4 of 4 4878-0140-6622