03-0630_POUNTNEY CONSULTING GROUP_License Agreement (Orthophoto)CITY OF SAN JUAN CAPISTRANO
AGREEMENT FOR LICENSE OF ORTHOPHOTO
THIS AGREEMENT is entered into as of the 30th day of June, 2003 by
and between the THE CITY OF SAN JUAN CAPISTRANO, hereinafter called
"CSJC", and Pountney Consulting Group, Inc., hereinafter called "LICENSEE".
RECITALS:
A. CSJC 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
CSJC.
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 CSJC and CSJC 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 E9.
NOW, THEREFORE, in consideration of the foregoing Recitals, CSJC
hereby grants to LICENSEE a revocable license to use CSJC'S Orthophoto
under the terms and conditions hereinafter set forth:
1. Term. The term of this License shall commence on June 30, 2003, 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 CSJC and that its use by LICENSEE, or the
LICENSEE'S subcontractors or Clients is 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 CSJC.
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.
Agreement for Licenso 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 CSJC based upon any alleged defects or inaccuracies of the
Orthophoto. In addition, LICENSEE shall indemnify, save and defend, the
CSJC, 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 CSJC 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
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Pountney Consulting Group, Inc.
4455 Murphy Canyon Road, #200
San Diego, CA 92123-4379
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 CSJC shall be entitled to recover all reasonable
attorney's fees, costs and expenses incurred by the prevailing party.
Agreement for License Orthophoto •
Page s
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date first above written.
0
LIM
"CSJC"
Manager
ATTEST:
Mar art R. Monohan, City Clerk
AS TO FORM:
•
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 (FAX)
ivwiv.sanjuancapistrano. org
July 23, 2003
Pountney Consulting Group, Inc.
4455 Murphy Canyon Road, #200
San Diego, CA 92123
Dear Sir or Madam:
Muumno
Houma I 1961
1776
MEMBERS OF THE CITY COUNCIL
DIANE L BATHGATE
JOHN S. GELFF
MATT HART
JOESOTO
DAVID M. SWERDLIN
CITY MANAGER
GEORGESCARBOROUGH
Please find enclosed an original, fully executed, agreement for License of Orthophoto.
Please coordinate the terms and use of this license with the project manager, Ron Cast,
Engineering Technician (949) 487-4314.
Yours truly,
M Mon han, CMC
Ci Cler
enclosed: Agreement
cc: Ron Cast, Engineering Technician
Amy Amirani, Public Works Director
DRUG USE
IS
San Juan Capistrano: Preserving the Past to Enhance the Future