01-1217_CGVL ENGINEERS_License Agreement (Orthophoto)CAPISTRANO VALLEY WATER DISTRICT
AGREEMENT FOR LICENSE OF ORTHOPHOTO
THIS AGREEMENT is entered into as of the a c1try of +122'001 by
and between the CAPISTRANO VALLEY WATER DISTRICT, hereinafter called
"DISTRICT", and CATHCART GARCIA VON LANGEN, 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 two foot pixel orthophoto and contour lines.
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; or until
the end of project.
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 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 DISTRICT.
Agreement for Licens*f 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
CGvL
6 Hughes suite 100
Irvine CA, 92618
Agreement for Licensef Orthophoto •
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.
ATTEST:
C rk
AS TR FORM:
0
"LICENSEE"
By:
Manager
i
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 (FAX)
tvtvwsanj uancapistrano. org
September 11, 2003
Mladen Buntich Construction Co.
P.O. Box 4400
Sunland, CA 91040
see
IR,1I„RI7
BunBR1 � 1961
1776
MEMBERS OF THE CITU COUNCIL
DIANE L BATHGATE
JOHN S. GELFF
MATT HART
JOESOTO
DAVID M. SWERDLIN
CITY MANAGER
GEORGESCARSOROUGH
RE: Compliance with Insurance Requirements - SC -04 Terminal Pipeline Construction
The following insurance documents are due to expire:
I General Liability Certificate 9/26/2003
V General Liability Endorsement Form naming the City of San Juan Capistrano
and the Capistrano Valley Water District as additional insured.
V Automobile Liability Certificate 9/26/2003
V Workers Compensation Certificate 9/26/2003
Please submit updated documentation to the City of San Juan Capistrano, attention City
Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above
expiration dates. If you have any questions, please contact me at (949) 443-6308.
Sincerely,
cc:'—'Kathleen Springer, Management Analyst
onus use
�s
San Juan Capistrano: Preserving the Past to Enhance the Future
Capistrano `Valley' Water District
December 17, 2001
CGvL
6 Hughes, Suite 100
Irvine, CA 92618
Dear Sir or Madam:
Please find enclosed a fully executed Agreement for License of Orthophoto for your
records.
If you have any questions related to this agreement, please contact Kathleen Springer,
Administrative Assistant (949) 487-4306.
Sincerely,
r)949
onahan, CMC
f the Board
43-6308
enclosure: agreement
cc: Kathleen Springer, Administrative Assistant
Amy Amirani, Public Works Director
P.O. Box %7, San Juan Capistrano, California 92693 1 Phone 714-493-1515
32450 Paseo Adelanto • San Juan Capistrano, California 92675
FAX 714-4933955