02-1010_BOYLE ENGINEERING CORP_License Agreement0 0
CAPISTRANO VALLEY WATER DISTRICT
AGREEMENT FOR LICENSE OF ORTHOPHOTO
THIS AGREEMENT is entered into as of the /0 day of 0311 X.}-200 Z. by
and between the CAPISTRANO VALLEY WATER DISTRICT, hereinafter called
"DISTRICT", and "Boyle Engineering Corp.", hereinafter called "LICENSEE".
RECITALS:
A. DISTRICT 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 DISTRICT.
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 DISTRICT and DISTRICT 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 all tiles.
NOW, THEREFORE, in consideration of the foregoing Recitals,
DISTRICT hereby grants to LICENSEE a revocable license to use DISTRICT'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 DISTRICT the amount of one dollar
and no cents ($1.00), payable upon receipt of Orthophoto files from
DISTRICT.
3. Ownership and Permitted Use. LICENSEE acknowledges that the
Orthophoto is the property of the DISTRICT and that its use by LICENSEE, or
the LICENSEE'S subcontractors or Clients is limited to work on the project
titled Ground Water Reclamation Plant. 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 DISTRICT.
Agreement for Licer6of Orthophoto
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 DISTRICT based upon any alleged defects or inaccuracies of the
Orthophoto. In addition, LICENSEE shall indemnify, save and defend, the
DISTRICT, 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 DISTRICT 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:
Capistrano Valley Water District
Director of Public Works
Post Office Box 967
San Juan Capistrano, CA 92693-0967
Eugene Spilker
Boyle Engineering Corp.
1501 Quail Street
Newport Beach, CA. 92660-2726
Agreement for Licen6of Orthophoto is
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 DISTRICT 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.
"LICENSEE"
By:
ATTEST:
Mar a R. Monohan, Clerk of the Board
D AS Q FORM:
0
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 (FAX)
svlvm.sanjuancapistrano. org
October 10, 2002
Eugene Spilker
Boyle Engineering Corp.
1501 Quail Street
Newport Beach, CA 92660
Dear Mr. Spilker:
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176
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MEMBERS OF THE CITY COUNCIL
DIANE L BATHGATE
COLLENE CAMPBELL
JOHN S. GELFF
MATT HART
DAVID M. SWERDUN
CITY MANAGER
GEORGESCARBOROUGH
Please find enclosed an original, fully executed agreement for license of orthophoto with
the Capistrano Valley Water District.
You may proceed with the scope under the agreement terms in coordination with
Kathleen Springer, Management Analyst (949) 487-4306.
Sincerely,
City Clerk
Springer, Management Analyst
onuc use
s
San Juan Capistrano: Preserving the Past to Enhance the Future