05-0913_GRAVES, DAVID W._License Agreement (Orthophoto)CITY OF SAN JUAN CAPISTRANO
AGREEMENT FOR LICENSE OF ORTHOPHOTO
THIS AGREEMENT is entered into as of the 13th day of September by
and between the CITY OF SAN JUAN CAPISTRANO, hereinafter called "THE
CITY", David W. Graves, hereinafter called "LICENSEE".
RECITALS:
A. THE CITY is the owner of a 0.5 -foot resolution Orthophoto with 2 -foot
elevation contours of the incorporated area of the City of San Juan
Capistrano, and the THE CITY.
B. The Orthophoto is broken into tiles representing a physical area of 2,800 feet
by 1,800 feet.
C. LICENSEE desires to acquire from THE CITY and THE CITY desires to grant
LICENSEE a non-exclusive right and sub -licensee to use the Orthophoto
containing all or portions of the Orthophoto. Specifically the LICENSEE
desires to acquire tiles D10.
NOW, THEREFORE, in consideration of the foregoing Recitals, THE
CITY hereby grants to LICENSEE a revocable license to use THE CITY'S
Orthophoto under the terms and conditions hereinafter set forth:
1. Term. The term of this License shall commence on the signed agreement
date, and continue until the LICENSEE is in breach of this agreement.
2. Consideration LICENSEE shall pay CSJC the amount determined by the
CSJC'S Board, payable upon receipt of Orthophoto files from CSJC.
3. Ownership and Permitted Use. LICENSEE acknowledges that the
Orthophoto is the property of the THE CITY and that its use by LICENSEE, or
the LICENSEE'S subcontractors or Clients limited to development, design
and related uses for LICENSEE'S projects. LICENSEE agrees that it, its
subcontractors, or its Clients will not transmit, sell, re -sell, or otherwise
disclose in digital format the Orthophoto, or any portion Orthophoto tiles to
other parties without the express written permission of the THE CITY.
4. Native Formats. LICENSEE understands that the Orthophoto contours are
formatted in AutoCAD, Version 14, drawing (*.dwg) format, a product of
AutoDesk; and the image file is formatted in MrSIDs format.
SD
y Agreement for Licentof Orthophoto •
Page 2
5. Accuracy and Completeness. LICENSEE acknowledges that it understands
the stated levels of accuracy and completeness of the Orthophoto and the
Orthophoto tiles. LICENSEE agrees that it will use the Orthophoto only for
purposes that are commensurate with Orthophoto levels of accuracy and
completeness.
6. Waiver and Hold Harmless. LICENSEE, by acceptance of the Orthophoto,
hereby acknowledges and agrees that LICENSEE waives any all claims
against the THE CITY based upon any alleged defects or inaccuracies of the
Orthophoto. In addition, LICENSEE shall indemnify, save and defend, the
THE CITY, its officers and employees harmless from any and all or claims or
liabilities that may arise from LICENSEE'S exercise of its right under this
License Agreement.
7. Entire Agreement. This Agreement constitutes the only agreement between
the THE CITY and LICENSEE relating to license of the Orthophoto, and
extensions, amendments or changes shall accordingly be made by written
agreement of the parties.
8. Notices. Any notices to be made pursuant to this Agreement shall be sent
to:
The City of San Juan Capistrano
Director of Public Works
Post Office Box 967
San Juan Capistrano, CA 92693-0967
David W. Graves
2620 Canto Rompeolas
San Clemente, Ca. 92673-6419
9. Attorney's Fees. In the event any legal action or proceeding is
commenced to enforce the terms of, or the obligations of the LICENSEE arising
under this Agreement, the THE CITY shall be entitled to recover all reasonable
attorney's fees, costs and expenses incurred by the prevailing party.
Agreement for Licentof Orthophoto •
Page 3
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date first above written.
w
"THE CITY"
Dave Adams, City Manger
'LICENSEE"
By: l,..a r
R. Monohan, City Clerk
AS TQ FORM:
M
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493.1171
(949) 493.1053 FAX
www.sat?luancapistrano.org
TRANSMITTAL
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TO: David W. Graves
2620 Cano Rompeolas
San Clemente, CA 92673-6419
FROM: Meg Monahan, City Clerk (949) 443-6308""'—
SUBJECT: Agreement for License of Orthophoto (David W. Graves
Enclosed:
(1) original executed Agreement for License of Orthophoto
(1) Cash Receipt for digital ortho photo
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
September 21, 2005
Please contact Ron Cast, Engineering Technician (949) 487-4314 with any
questions.
CC: Ron Cast, Engineering Technician
Amy Amirani, Public Works Director
San Juan Capistrano: Preserving the Past to Enhance the Future
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City of San Juan Capistrano
32400 Paseo Adelanto
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San Juan Capistrano, CA 92675
(949) 493-1171 fax (949) 493-1053
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Receipt No. 113002
CASH RECEIPT —
Customer
Name DAVID GRAVES Date 09/13/05
Address _
City State ZIP Rec. By: DD
Phone 11
Payment uetans
Cash
Check $500.00
Credit Card
TOTAL $500.00
Customer Copy
San Juan Capistrano:
Preserving the Past to Enhance the Future