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2.3.10. The Permitter shall, if identified by County, allow for drive-thru VBM option in their
<br />parking lot that would allow the voter's to drop-off their ballot without exiting their vehicles.
<br />Logistics and set up will be responsibility of County staff.
<br />3. UTILITIES. MAINTENANCE AND JANITORIAL: Permitter shall pay all the charges for the
<br />following utilities: water, gas, electricity, trash disposal and sewer. Permitter shall provide air
<br />conditioning and/or heating on the Property during the dates and hours described in Section 2.1, above.
<br />Permitter shall be responsible for all maintenance and repairs (including but not limited to: fire alarm,
<br />HVAC system, elevator maintenance, landscaping, pest control, and trash) unless such maintenance
<br />and repairs arise out of County's negligence or intentional acts not in accordance with the uses
<br />permitted herein, per Clause 2 (AREA AND USE) above, and excluding normal wear and tear.
<br />Upon mutual agreement in advance of a not to exceed cost, County shall be responsible for payment
<br />of any janitorial service, telephone service, cable service, internet service and any other costs not
<br />provided for in this section if approved in writing.
<br />4. AUTHORIZATION FOR USE OF PROPERTY: Parties acknowledge and agree that the use of this
<br />property is provided pursuant to Elections Code section 12283.
<br />5. INDEMNIFICATION: County hereby agrees to indemnify, hold harmless, and defend Permitter
<br />against any and all claims, loss, demands, damages, cost, expenses or liability arising out of the use of
<br />the Property, except for liability arising out of the concurrent active or sole negligence of, Permitter
<br />including the cost of defense of any lawsuit arising therefrom. In the event Permitter is named as co-
<br />defendant, County shall notify Permitter of such fact and shall represent Permitter, in such legal action
<br />unless Permitter undertakes to represent itself as co-defendant in such legal action, in which event
<br />County shall pay to Permitter its litigation costs, expenses and attorney's fees. In the event judgment
<br />is entered against County and Permitter because of the concurrent active negligence of County and
<br />Permitter, their officers, agents, or employees, an apportionment of liability to pay such judgment shall
<br />be made by a court of competent jurisdiction. Neither Party shall request a jury apportionment.
<br />6. ATTORNEYS' FEES: In any action or proceeding to enforce or interpret any provision of this Permit,
<br />or where any provision hereof is validly asserted as a defense, the Parties shall bear their own
<br />attorneys' fees, costs and expenses.
<br />GOVERNING LAW AND VENUE: This Permit has been negotiated and executed in the State of
<br />California and shall be governed by and construed under the laws of the State of California. In the
<br />event of any legal action to enforce or interpret this Permit, the sole and exclusive venue shall be a
<br />court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to
<br />and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure
<br />Section 394.
<br />8. EMPLOYMENT: No County employee shall be considered an employee of the Permitter under the
<br />jurisdiction of the Permitter, nor shall such County employees have any Permitter pension, civil
<br />service, or other status while an employee of County. County shall have no authority to contract on
<br />behalf of Permitter. It is expressly understood and agreed by both Parties hereto that County, while
<br />engaged in carrying out and complying with any terms of this Permit, is not acting as an agent, officer,
<br />or employee of Permitter.
<br />ELM E CHESTNUT AVE, SANTA ANA Page 3 of8
<br />Vote Center Entry Permit (Government racility) v7.28.22
<br />Rcgisttar of Vue.
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