20-0820_ORANGE, COUNTY OF_Vote Center Entry Permit License - Reata ParkAM
Registrar of Voters
4W1300 S Grand Ave, Building C
Santa Ana
VOTE CENTER ENTRY PERMIT (LICENSE)
THIS IS A LICENSE TO ENTER ("Permit") executed August 20, 2020 ("Effective Date"), by and
between CITY OF SAN JUAN CAPISTRANO, (hereinafter referred to as "Permitter") and the
COUNTY OF ORANGE, a political subdivision of the State of California (hereinafter referred to as
"County" or "Permittee") without regard to number or gender. Permitter and County may sometimes
hereinafter be individually referred to as "Party" or jointly as "Parties."
PURPOSE: Pursuant to Section 12283 of the Election Code, which authorizes an Election Official to
request the use of a public building to be used as a polling place or voting center as needed, and to
provide in-person voting sites for voters, Permitter hereby grants to County use of the REATA PARK
& EVENT CENTER LIMO BARN property located at 28632 Ortega Hwy, San Juan Capistrano, CA
("Property") on October 23, 2020, and terminating on November 10, 2020 ("Term").
2. AREA AND USE: Permitter grants County and its invitees and licensees permission to enter and use
the Property described above for the purpose of providing a vote center for voters. County agrees not
to use the Property for any other purpose, nor to engage in or permit any other activity within or from
the Property. County further agrees not to conduct or permit to be conducted any public or private
nuisance in, on, or from the Property and to comply with all governmental laws and regulations in
connection with its use of the Property.
2.1. DATES AND HOURS OF USE AND ACCESS: Permitter specifically grants County and its
invitees and licensees permission to enter and use the Property for the purpose of providing an
early voting location as follows:
Vote Center Dates
Vote Center
Staff Hours
Vote Center
Public Hours
Wednesday, October 28
Sam — 5 m
n/a
Thursday, October 29
8am — 5 m
n/a
Friday, October 30
7:30am-9 m
8am-8pm
Saturday, October 31
7:30am-9 m
8am-8 m
November 1
7:30am-9pm
8am-8pm
—Sunday,
Monday, November 2
7:30am-9 m
8am-8pm
Tuesday, November 3
6:30am-10 m
7am-8pm
Wednesday November 4
8am — 5 m
n/a
DL: 28632 Ortega Hwy, San Juan Capistrano Page I of 6
Vote Center Entry Permit (Government Facility)
Registrar of Voters
Vote Center Equipment Delivery and Pick -Up
Delivery Date Period: Friday, October 23 through Tuesday, October 27
Pick-up Date Period: Thursday, November 5 through Tuesday, November 10
Permitter shall provide County staff with the means necessary to access the Property no later than
Wednesday, October 28, 2020. If Permitter is unable or unwilling to provide County staff with the
means necessary to access the Property, Permitter shall provide staff to open and close the Property
during the hours stated in the table above.
Permitter shall provide any necessary parking passes to County staff no later than Friday, October 16,
2020.
2.2. PROPERTY EQUIPMENT AND SUPPLIES. The Permitter acknowledges and agrees that it will
supply the County with the equipment and supplies listed in Attachment 1. PERMITTER
OBLIGATIONS. The Permitter acknowledges that the County must have exclusive access to the
Property during the dates and hours described in Section 2.1, above. To that end, the Permitter
agrees to the following:
2.3.1. The Permitter shall secure the Property.
2.3.2. The Permitter shall prohibit access to the Property for purposes other than elections
operations.
2.3.3. The Permitter shall provide 2 designated parking stalls for the County's exclusive use for
placement of a temporary portable storage container for equipment and supplies.
2.3.4. The Permitter shall not disrupt, or allow to be disrupted, the organization or layout of the
Property.
2.3.5. The Permitter shall not schedule, or allow to be scheduled, events or activities on the
Property.
2.3.6. The Permitter shall provide restroom access for County staff.
2.3.7. The Permitter shall provide free parking for voters and County staff.
2.3.8. The Permitter shall provide electricity, including but not limited to, functioning electrical
outlets on the Property.
2.3.9. The Permitter shall ensure the Property has adequate lighting both inside the Property and
outside the Property.
DL: 28632 Ortega Hwy, San Juan Capistrano Page 2 of 6
Vote Center Entry Permit (Government Facility)
Registrar of Voters
2.4.EQUIPMENT DELIVERY DATES. The Permitter shall coordinate with the County designated
equipment delivery company to establish a mutually agreed upon date and time for portable
storage container delivery for delivery no later than October 26, 2020.
2.5. EQUIPMENT REMOVAL DATES. The Permitter shall coordinate with the County designated
equipment delivery company to establish a mutually agreed upon date and time for portable
storage container removal which shall occur no later than November 10, 2020.
3. UTILITIES, MAINTENANCE AND JANITORIAL: Permitter shall pay all the charges for the
following utilities: water, gas, electricity, trash disposal and sewer. Permitter shall provide air
conditioning and/or heating on the Property during the dates and hours described in Section 2. 1, above.
Permitter shall be responsible for all maintenance and repairs (including but not limited to: fire alarm,
HVAC system, elevator maintenance, landscaping, pest control, and trash) unless such maintenance
and repairs arise out of County's negligence or intentional acts not in accordance with the uses
permitted herein, per Clause 2 (AREA AND USE) above, and excluding normal wear and tear.
County shall be responsible for payment of any janitorial service, telephone service, cable service,
internet service, and any other costs not provided for in this section.
4. INDEMNIFICATION: County hereby agrees to indemnify, hold harmless, and defend Permitter
against any and all claims, loss, demands, damages, cost, expenses or liability arising out of the use of
the Property, except for liability arising out of the concurrent active or sole negligence of, Permitter
including the cost of defense of any lawsuit arising therefrom. In the event Permitter is named as co-
defendant, County shall notify Permitter of such fact and shall represent Permitter, in such legal action
unless Permitter undertakes to represent itself as co-defendant in such legal action, in which event
County shall pay to Permitter its litigation costs, expenses and attorney's fees. In the event judgment
is entered against County and Permitter because of the concurrent active negligence of County and
Permitter, their officers, agents, or employees, an apportionment of liability to pay such judgment shall
be made by a court of competent jurisdiction. Neither Party shall request a jury apportionment.
ATTORNEYS' FEES_ In any action or proceeding to enforce or interpret any provision of this Permit,
or where any provision hereof is validly asserted as a defense, the Parties shall bear their own
attorneys' fees, costs and expenses.
6. GOVERNING LAW AND VENUE: This Permit has been negotiated and executed in the State of
California and shall be governed by and construed under the laws of the State of California. In the
event of any legal action to enforce or interpret this Permit, the sole and exclusive venue shall be a
court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to
and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure
Section 394.
7. NOTICES: All written notices pursuant to this Permit shall be addressed as set forth below or as either
Party may hereafter designate by written notice and shall be deemed delivered upon personal delivery,
delivery by facsimile machine, electronic mail, or seventy-two (72) hours after deposit in the United
States Mail. Any written correspondence between the Parties shall be addressed as follows:
DL: 28632 Ortega Hwy, San Juan Capistrano Page 3 of 6
Vote Center Entry Permit (Government Facility)
Registrar of Voters
COUNTY
County of Orange
Registrar of Voters
Facilities Services
1300 South Grand Avenue
Building C
Santa Ana, CA 92705
Attention: Administrative Manager
Email: Kimberly.Golden@rov.ocgov.com
DL: 28632 Ortega Hwy, San Juan Capistrano
Vote Center Entry Permit (Government Facility)
Registrar of Voters
PERMITTER
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attention: Maria Morris
mmorris@sanjuancapistrano.org
--Signatures Follow --
Page 4 of 6
IN WITNESS WHEREOF, the Parties have executed this agreement the day and year first above written.
APPROVED AS TO FORM: PERMITTER
Office of County Counsel
Orange County, California
I3
eputy
Date: TEMPLATE APPROVED 07212020
DL: 28632 Ortega Hwy, San Juan Capistrano
Vote Center Entry Permit (Government Facility)
Registrar of Voters
City of San Juan Capistrano
By
at
Date:
COUNTY
COUNTY OF ORANGE
By
Neal Kelley,
Registrar of Voters
Per Resolution No. 20-091
and Minute Order dated July 14, 2020
Date:
Page 5 of 6
ENTRY PERMIT (LICENSE)
Attachment 1
Pursuant to Section 2.2 of this Permit, Permitter shall
1. Provide four (4) six-foot tables and six (6) chairs. If Permitter is unable to provide this equipment, it shall
notify the Registrar of Voters within 20 days before the event if the facility cannot provide tables and chairs.
2. Remove any and all items, except for the provided tables and chairs, if applicable.
If Permitter Staff is assigned to open facility and is running late, they are to contact the County immediately at
(714) 954-1901.
4. Permitter shall provide soap, water, paper towels in restrooms to ensure proper hygiene. Provide stock
supplies available over the weekend.
5. Permitter shall provide to County facility primary contact and emergency contact information.
6. The designated area for POD placement will be in close proximity to the building and be finalized 20 days
before Election period begins.
DL: 28632 Ortega Hwy, San Juan Capistrano
Page 6 of 6
Vote Center Entry Pennit (Government Facility)
Registrar of Voters