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05-0913_SAN JUAN HILLS ESTATE HOA V TAYLOR WOODROW HOMES_License Agreement (Orthophoto)LAW OFFICES OF ULICH & TERRY LLP 2201 DUPONT DRIVE, SUITE 210 IRVINE, CALIFORNIA 92612 TELEPHONE (949) 290-9797 FACSIMILE (949) 250-9777 www.ut-law.com September 13, 2005 Mitzi Ortiz City Clerk's Office City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 32675 Re: San Juan Hills Estates Homeowners Association v. Ta for Woodrow Hames, et al. Dear Ms. Ortiz: Pursuant to your request, enclosed please find the original executed Agreement for License of Orthophoto its the above -referenced matter. Please call with any questions. im or U Lit-, H. & 1 t - KK r LLP JMG: jms Enclosure b8/,1L12U1Jt 19:67 7145447335 DOUGLAS E. MOAN INC PAGE 83 Iata� ft�rct 0y: tb 9494533955 CITY Or SJC PACE 92104 N ME .w ► FIT k:.,6 a �� �, �: _ � ► ' �� �� .. � ,: � .� � is �..�.. �`�.... THIS AGREEMENT Is entered into as of the _ day of_ _ by and batmen the CITY OF SAN JUAN CAPISTRANO, hereinafter called "THE CITY", hereinafter called "LICENSEE". RECITALS: A. THE CITY is the owner of a 0.1400t reesoiwtior Orthophoto with 2 -foot elevation contours of the incorporated Bras of the Cfty Of Sara Juan Capistrano, and the THE CITY. 13. The Orthophoto is broken into tiles representing ae physical area of 2,800 feat by 1,600 feet. C. LICENSEE desires to acquire from THE CITY and THE CITY deslres to grant LICENSEE a non-exclusive right and Bub-lirenssa to use the Orthophoto containing all or portions of the Orthophoto. Speoificaily the LICENSEE desires to "wire tiles NOW, THEREFORE, In consideration of the foregoing Recitals, THE CITY hereby grants to LICENSEE a revocable llnonses to use THE CITY`S Orthophoto under the t mns and conditions hearolhafter set forth: 1. Term. The term of this License shelf commences on the signed agreement date, and continue unill the LICENSED is in breach of this agroesment. 2. Coosidww6ba LICENSEE shall pay CS,iC the amount determined by the CSJG'S Board, payable upon re calpt of Orthophoto fibs from CSJC. O wn*rShfp *rad Pormiiiad 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 an the project titled * *. . LICENSEE agreas that it, its subcontractors, or its Clients will not transmit, sell, mmoll, or otherwise disclose in digital. format the OrthWhOto, or Orly portion Orthophoto tiles to other parties without the sxpress written perrnlasion of the THE CITY, 3. NaNeer Formats. LICENSEE understands that the Orthophoto contours are formatted in AutoCA©, Version 14, drsvAng (".dwg) format, s product of AutoDesk; and the image file is formatted In MrSlas format. * Licensee consists of the parties, counsel, and experts in the San Juan Hills suit. ** The lawsuit entitled San Tuan Hills Homeowners Association v. Ta Jnr Woodrow Homes. Inc. et al., Orange County Superior Court Case No.: 02CC001 61 0.8/22/2005 10;67 7145447395 DOUGLAS E. MORAN INC PAGE 04 '06/22/2805 09:.6 9d d933 55 CITE' OF S,JC PA(z 03/04 Agreement for License of Orthophoto P"0:2 4. Accuracy ood + OMW*teft . LICENSEE acknowledges that it understands the Stated l V911s Of ae:curacy and completeness of the Orthophoto and the 000000,010s. LI ENSE15 agrees that it will use the OrthOphoto Orr?y for PUMOaerrs that arracOrnmensurNtO with Orthophoto fevOls of accuraCr and completeness. , Werfver 80d HOW 14orrr loss. LICENSEE, by ac eptarrce of the Orthophoto, har-eby acknowledges and agrees that LICENSEE waivers 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 C1' , its efficers and empioyees harmless from any and all or claims or liabilities that may adso from LICENSEE'S exercise of its right under this License Agreement. . 8Adr*A9t'a*m*rrt This Agr"ment constitutes the only agrewi rwnt between the THE CITY and L,ICEN EE relatilig to Iicense of the Orthophoto, end extensions, amendments or changes small accordingly be made by Written agreement of the per€ies. 7. N6000a. Any notices to be made pursuant to this Agreement shall be sent to: The Cir of Serf .Juan Capistrano DIr0dOr of Publlc Works Post Office Box 9$7 Son Juan Capistrano, CA 9203,0967 Licensee's Contact Information Here 9. AIIto )'"a F90s. In the Rent any legal action or proceeding is commenced to enforce the germs of, or the obligations of the L ICENSEE arising andor this Agreement, the THE CITY shall be entitled to recover all reasonable attorney's f s, costs and expenses incurred by the prevailing party, X9./22/2005 10:07 7245447395 DOUGLAS E. MORAN INC PAGE @5 v , `•`u�� w x » ��x � GI TY OF SJC P @405 04 Agreement for Llcansa of 006photo R 3 IN WtTNI!33 WHEREOF, the parties hereto have e,)mcuted this Aprssrnent as of the date first above written. "THE CITY" By; Dave Adgms, City Manger CEN5EE" sy. � ' a es M. Gonion, Esq.,� AT" s , Counsel for Taylor Woodrow Homes, Inc, ' (for the benefit of All Parties, Counsel and Experts onohan ity Clerk in the Say Juan Hills lawsuit) Maw d A,PRrED AS T FORM: Le Irl ounael