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ANOKA COUNTY GEOGRAPHIC INFORMATION SYSTEMS DEPARTMENT LICENSE AGREEMENT FOR USE OF GIS DATABASE "Licensee" Name: Contract No. Type: Quarterly Updates Public Entity Private Entity Effective Date: THIS LICENSE AGREEMENT is made and entered into by and between the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as the "Licensor," and the individual, organization or entity identified above as “Licensee.” WITNESSETH: WHEREAS, the Licensor, through its Department of Geographic Information Systems, maintains a digital data base (hereinafter collectively referred to as "GIS Data Base"), in an electronic format; and WHEREAS, Licensee desires to use the GIS Data Base for its own internal use; and WHEREAS, Licensor agrees to provide the Licensee with a copy of the GIS Data Base, with quarterly updates, subject to the terms and conditions contained herein. NOW, THEREFORE, it is mutually stipulated and agreed as follows: 1. DEFINITIONS a. “Digital Parcel Data Set” means the digital parcel line work in an electronic format as created and maintained by the Anoka County GIS Department. b. “GIS Extract” means the tabular property tax information in an electronic format as created and maintained by the Anoka County Property Records & Taxation Department. c. “Supplemental Data Sets” means any files or data sets other than the Digital Parcel Data Set or GIS Extract. These data sets may include, but are not limited to, digital files - 1 - ---PAGE BREAK--- - 2 - representing water features, political boundaries, feature points and other land information files in an electronic format. The specific files to be included in this data set are at the licensor’s discretion. d. “GIS Data Base” means the geographic information system data base which was developed by the County and which is subject to and governed by this License Agreement. This data base includes, but is not limited to, the Digital Parcel Data Set, the GIS Extract and Supplemental Data Sets. Orthophotos or other rasters are not included in this data base. e. “Public Entity” means the Minnesota Legislature; all counties, cities, townships, soil and water conservation districts, watershed districts, watershed management organizations and school districts, the Metropolitan Council, all regional governmental agencies including the Metropolitan Airports Commission, the Metropolitan Sports Facilities Commission, the Metropolitan Parks and Open Space Commission, the Metropolitan Radio Board and the Metropolitan Mosquito Control Commission; two and four year public and private colleges and universities located within the State of Minnesota; any governmental units or bodies exercising joint powers under Minnesota Statutes section 471.59; and departments, agencies, commissions and bureaus of the State of Minnesota and the federal government which have jurisdiction within the State of Minnesota. f. “Private Entity” means any entity which is not a “Public Entity.” 2. GRANT OF LICENSE The Licensor hereby grants to Licensee, a license to use the GIS Data Base subject to the terms and conditions contained in this License Agreement. a. At the time of the execution of this License Agreement, Licensee will receive from the Licensor the most current available GIS Data Base, in an electronic format designated by the Licensor. During the term of this License Agreement, Licensor shall also provide quarterly updates of the GIS Data Base to the Licensee in the months of April, July, October, and January. Modifications and representations of this information can be requested, but will be subject to the most current product fee schedule in use by the Licensor. Requests for assistance in downloading, reading, or utilizing this data will also be subject to the most current fee schedule for services rendered. Minor charges may be assessed for any materials used to transfer data. b. Licensee and its employees, consultants, or agents may combine the GIS Data Base with different data to create new and electronic or hardcopy products for their internal use only. However, Licensee and its employees, consultants, or agents shall not reproduce or duplicate ---PAGE BREAK--- - 3 - the GIS Data Base in any form for sale, licensing, or distribution in any manner. Licensee assumes responsibility for securing this information from distribution and is responsible for the actions of its employees, consultants, or agents in the use of this data. 3. FEES For the information to be provided herein, the Licensee shall pay to the Licensor the following (check appropriate boxes): a. An annual fee as provided below: The current annual fee for the GIS Data Base for a Public Entity, with quarterly updates, as established by the Anoka County Board of Commissioners, which as of the date of this License Agreement is $250.00; or The current annual fee for the GIS Data Base for a Private Entity, with quarterly updates, as established by the Anoka County Board of Commissioners, which as of the date of this License Agreement is $500.00. In addition, a Private Entity entering into the quarterly update license agreement must have previously purchased the GIS Data Base (Digital Parcel Data Set) at full price. b. The first annual fee shall be due and payable at the time of the execution of this License Agreement. The second and subsequent annual fees shall be due and payable on the anniversary date of the date of the execution of this License Agreement. The Licensor shall annually invoice the Licensee for the annual fee, which shall become due and payable within sixty (60) days of the invoice. 4. TERM OF AGREEMENT This License Agreement shall commence upon the execution of this License Agreement and continue until it is terminated as provided below. This License Agreement may be terminated by either party without cause upon sixty (60) days written notice to the other party. Licensor shall have the right to terminate this License Agreement upon ten (10) days written notice ---PAGE BREAK--- - 4 - to Licensee upon Licensee’s failure to comply with any of the terms and conditions of this License Agreement. 5. ACCURACY OF INFORMATION/WARRANTY a. The information furnished through and compiled in the GIS Data Base shall be obtained from Licensor’s records and is believed to be reliable. However, the accuracy, completeness, timeliness, or correctness of the information is not guaranteed by the Licensor. b. The Licensor is furnishing the GIS Data Base on an "as is" basis without any support whatsoever and without representation or warranty, including, but not in any manner limited to, fitness, merchantability, and completeness of the GIS Data Base. c. The Licensee agrees that the Licensor shall have no liability, contingent or otherwise, for the accuracy, completeness, or correctness of the data or for any decision made or action taken by the Licensee or anyone using information from the Licensee and acts in reliance upon the data contained in the GIS Data Base. d. There is no warranty of merchantability, no warranty of fitness for a particular use, and no warranty of any kind, express or implied, regarding the accuracy or reliability of the information contained in the GIS Data Base for any aspect of the Licensor’s services provided herein. 6. INDEMNIFICATION The Licensee shall defend, indemnify, and save the Licensor harmless from any liability, claims, damages, judgments, costs (including reasonable attorney fees), demands, or actions arising, directly or indirectly, related to obtaining, use, and/or possession and utilization of the GIS Data Base provided herein; and from all loss or liability by reason of failure of the Licensee, in any respect, to perform fully or observe all obligations under this License Agreement. 7. GEOGRAPHIC INFORMATION SYSTEM DATA BASE (GIS DATA BASE) The GIS Data Base is neither legally recorded maps or surveys and is not intended to be used that way. The GIS Data Base is a compilation of records, information, and data from various city, county, state, and federal offices and other sources and should be used for reference only. No representation is made that the features contained in GIS Data Base accurately reflect true ---PAGE BREAK--- - 5 - location. The Licensor or any other entity from which data was obtained assume no liability for any errors or omissions herein. If discrepancies are found, please contact the Licensor’s Geographic Information Systems Office. 8. RESTRICTIVE USE/RETURN OF INFORMATION This License Agreement authorizes the Licensee to use the GIS Data Base for its internal use only. Any other use shall be considered a material breach of this License Agreement, upon which the Licensor may, in its sole discretion, unilaterally terminate this License Agreement. Upon the Licensor’s termination of this License Agreement, the Licensee shall forthwith return the GIS Data Base and any copies thereof to the Licensor. 9. HARDCOPY REPRESENTATIONS Hardcopy representations or products using this GIS Data Base must make reference to being based on information provided by the Licensor’s Geographic Information Systems Office. 10. ENTIRE AGREEMENT/REQUIREMENT OF A WRITING It is understood and agreed that the entire agreement of the parties is contained herein and that this License Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties relating to the subject matter thereof. Any alterations, variations or modifications of the provisions of this License Agreement shall be valid only when they have been reduced to writing and duly signed by the parties herein. ---PAGE BREAK--- - 6 - IN WITNESS WHEREOF, the parties of this License Agreement have hereunto set their hands on the dates written below. COUNTY OF ANOKA By: By: John Its: GIS Coordinator Dated: APPROVED AS TO FORM By: By: Dan Klint Its: Assistant County Attorney Dated: Dated: Licensee Mailing Address: