03-0619_POUTNEY CONSULTING GROUP_License Agreement (Orthophoto)CITY OF SAN JUAN CAPISTRANO
AGREEMENT FOR LICENSE OF ORTHOPHOTO
THIS AGREEMENT is entered into as of the 19th 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 C6, C7, C8, C9, D5, D6, D7, D8, E6.
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 19, 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 Licen&f Orthophoto
Page 3
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date first above written.
"LICENS
By:
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City Clerk
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32400 PASEO ACELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 (FAX)
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June 23, 2003
Pountney Consulting Group, Inc.
4455 Murphy Canyon Road, #200
San Diego, CA 92123
Dear Sir or Madam:
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MEMBERS OF THE CITY COUNCIL
DIANE L BATHGATE
JOHN S. GELFF
WYATT HART
JOESOTO
DAVID M. SWERDLIN
CITY MANAGER
GEORGESCARSOROUGH
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,
g Mo ahan, CMC
' Cler
enclosed: Agreement
cc: Ron Cast, Engineering Technician
Amy Amirani, Public Works Director
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San Juan Capistrano: Preserving the Past to Enhance the Future