05-0615_WEST COAST ARBORISTS, INC._Transmittal Agr to WCACITY OF SAN JUAN CAPISTRANO
AGREEMENT FOR LICENSE OF ORTHOPHOTO
THIS AGREEMENT is entered into as of the 15th day of June 2005 by
and between the CITY OF SAN JUAN CAPISTRANO, hereinafter called "THE
CITY", and West Coast Arborists, Inc., 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 C9, C10, D9, 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 THE CITY the amount of one dollar
and no cents ($1.00), payable upon receipt of Orthophoto files from THE
CITY.
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 is limited to work on the project
titled Los Rios Park. 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.
SD
^ Agreement for LicenseqoOrthophoto •
Page 2
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.
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
Tony Uno
Consulting Arborist
West Coast Arborists, Inc.
2200 E. Via Burton Street
Anaheim, Ca 92806
(714)991-1900
~ Agreement for License4POrthophoto •
Page 3
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.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date first above written.
0
"THE CITY"
By: 06�4 -CQ,0...-
Dave Adams, City Manger
"LICE S E"
By:
City Clerk
• 1 R
11
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAx
www.sanjuancapislranu. ori;
June 23, 2005
Mr. Tony Uno, Consulting Arborist
West Coast Arborists, Inc.
2200 E. Via Burton Street
Anaheim, CA 92806
Dear Mr. Uno:
IX[ORXXAPSEX
[XLISXIO 1961
1776
• w4 •
MEMBERS OF THE CITU COUNCIL
Please find enclosed a copy of an executed license agreement for License of
Orthophoto.
SAM ALLEVATO
DIANE BATHGATE
MATT HART
JOE SOTO
DAVID M. SWERDLIN
Please coordinate the terms and use of this license with the project manager, Ron Cast,
Engineering Technician (949) 487-4314.
Yours truly,
Meg on an, CMC
Citu Clerk
Agreement
cc: Ron Cast, Engineering Technician
Amy Amirani, Public Works Director
San Juan Capistrano: Preserving the Past to Enhance the Future
0 Pnntetl on receded oaoer