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05-16-05
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05-16-05
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1/12/2009 8:24:12 AM
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6/29/2005 4:10:00 PM
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<br />JOINT POWERS COST SHARE AGREEMENT <br />FOR PICTOMETRY INTERNATIONAL CORPORATION <br />GENERAL LICENSE TERMS AND CONDITIONS <br /> <br />THIS AGREEMENT is made and entered into by and between the County of Dakota ("County"), a political subdivision <br />of the State of Minnesota, and the Cities of Apple Valley, Burnsville, Eagan, Farmington, Hastings, Inver Grove <br />Heights, Lakeville, Mendota Heights, Rosemount, and South St Paul ("Cities"), political subdivisions of the State of <br />Minnesota. <br /> <br />WHEREAS, the County and Pictometry International Corporation executed a General License Terms and Conditions, <br />which is attached and incorporated herein as Exhibit 1 (License Agreement), whereby the County is allowed to install <br />and use Pictometry's licensed images, geodata, software and documentation (Pictometry's Licensed Products); and <br /> <br />WHEREAS, Pictometry's Licensed Products are dynamic visual imagery products that will provide three-dimensional <br />oblique images and 360 degree views of each property in Dakota County; and <br /> <br />WHEREAS, use of Pictometry's Licensed Products will improve efficiency and quality within numerous County <br />departments; and <br /> <br />WHEREAS, the License Agreement allows cities, townships, public schools and the soil and conservation districts <br />geographically located within the boundaries of Dakota County to install and use Pictometry's Licensed Products <br />(Approved Subdivisions) under the License Agreement and subject to certain conditions; and <br /> <br />WHEREAS, the Cities desire become Approved Subdivisions that are authorized to install and use Pictometry's <br />Licensed Products, in accordance with the terms of the License Agreement; and <br /> <br />WHEREAS, the County and Cities have reached an agreement to share the costs of licensing, installing and using <br />Pictometry's Licensed Products by their respective political subdivision; and <br /> <br />WHEREAS, pursuant to Minn. Stat. 9 471.59, two or more governmental units, by agreement entered into through <br />action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties or <br />any similar powers. <br /> <br />NOW, THEREFORE, in consideration of the mutual promises and benefits that all parties shall derive from this <br />Agreement, and other good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as <br />follows: <br /> <br />ARTICLE 1- PURPOSE <br /> <br />The purpose of this Agreement is for the County and the Cities to share in the costs for licensing, installation and use <br />of Pictometry's Licensed Product, in accordance with the terms of this Agreement and the License Agreement <br />attached and incorporated herein as Exhibit 1 (License Agreement) and to designate the Cities as Approved <br />Subdivisions for purposes of the License Agreement. <br /> <br />ARTICLE II - TERM <br /> <br />The term of this Agreement will be from the date of execution of this Agreement by all parties, and shall terminate on <br />the same date as the License Agreement, unless earlier terminated by law or according to the provisions of this <br />Agreement. <br /> <br />ARTICLE 111- OBLIGATIONS OF THE COUNTY <br /> <br />3.1 Payment. In accordance with the License Agreement executed between the County and Pictometry, the <br />County has entered into the License Agreement and has agreed to pay Pictometry $82,888 for the first year of <br />the License Agreement and $72,888 for the second year of the License Agreement. <br /> <br />3.2 Approval as Authorized Subdivisions. Upon execution of this Agreement and payment made by each City <br />to the County as provided in this Agreement, the City will be an Authorized Subdivision for purposes of the <br />License Agreement. <br />
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