CCR2001091COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #91-2001
APPROVAL OF LICENSE AGREEMENT FOR
VANDEWALLE & ASSOCIATES
MUSKEG0 DEVELOPMENT HANDBOOK
WHEREAS, The Finance Committee has reviewed the attached License Agreement
and has recommended approval.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Finance Committee, does hereby approve
the License Agreement with Vandewalle & Associates.
BE IT FURTHER RESOLVED That the Mayor is authorized to sign the Agreement in
the name of the City.
DATED THIS 24TH DAY OF APRIL ,2001.
SPONSORED BY:
FINANCE COMMllTEE
Ald. Mark Slocomb
Ald. David Sanders
Ald. Nancy Salentine
This is to certify that this is a true and accurate copy of Resolution #91-2001 which was
adopted by the Common Council of the City of Muskego.
4tOljmb
License Agreement for Vandewalle & Associates, Muskego Development
Handbook
License Terms Vandewalle & Associates produced a digital Handbook of development guidelines in the City of Muskego
(hereafter referred to as "Licensed Data Set"), This is a copyrighted original work. It is licensed for use, not sold, and may not
be resold or distributed in any manner except as specified or set forth herein. Vandewalle & Associates reserves all rights of
authorship granted under U.S. and International copyright laws and agreements. By signing below, Licensee agrees to abide
by all terms and conditions of this agreement. This document constitutes the entire agreement between the parties, and it
supersedes any prior agreement, oral or witten. Any order for Licensed Data Sets must be accompanied by an original,
signed license agreement, or it will be returned unfulfilled to the requester.
Indemnification, Hold Harmless. Disclaimer of Warranty. and Liability The burden for determining "fitness for use"
rests entirely upon the requesterhcensee. Vandewalle & Associates will not be liable in any way for accuracy of the data,
and assume no responsibility whatsoever for direct, indirect, special, consequential, exemplary or other damages.
Licensee agrees to indemnify, hold harmless and defend Vandewalle & Associates, its employees, oflicers, officials, agents,
representatives and co-producers from any and all claims, damages, liabilities and expenses arising from, in connection with,
caused by, or resulting from Licensee's use of licensed data sets or products derived therefrom.
VANDEWALLE & ASSOCIATES SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED
OR IMPLIED, WCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL
VANDEWALLE & ASSOCIATES, AND ITS OFFICERS, OFFICIALS, EMPLOYEES, AND AGENTS
BE LIABLE FOR ANY LOSS OF PROFIT OR ANY OTHER COMMERCIAL DAMAGE, INCLUDING
BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES.
Scheduling Orders for Licensed Data Sets do not command priority over other projects or work demands. Requesters are
advised that significant delays may sometimes occur due to schedule constraints and orders will be filled within normal
operations. Requesters are encouraged to order early.
Uodates Said Licensed Data Sets are licensed and distributed 'as is' on a one-time basis. Vandewalle & Associates is under
no obligation to inform Licensee of data updates, alterations, or accuracy errors discovered thereafter. The burden ofordering
and paying for updated copies of data sets rests entirely upon Licensee. Revisions may be made at Vandewalle &Associates
discretion on a time and funding available basis.
Credi(s Any paper copies derived in whole or in part from said Licensed Data Sets shall clearly indicate their source and
copyright as Vandewalle & Associates. If Licensee modifies the data in any way whatsoever, any altered graphic elements
shall be clearly symbolized to distinguish them from original graphics contained within Licensed Data Sets. Licensee
specifically agrees not to misrepresent Vandewalle & Associates Licensed Data Sets, nor 10 imply that changes made by
Licensee were approved by Vandewalle & Associates unless express witten permission is received from Vandewalle &
Associates.
Severabilitv of Provisions and Venue If any portion of this agreement is found to be invalid or unenforceable, the
remaining provisions will remain enforceable to the fullest extent permitted by law. Any cause of action arising from this
agreement shall be venued in Dane County, Wisconsin and decided pursuant to applicable Wisconsin and federal law.
behalf of Licensee.
Authorization The signatory for the licensee represents and warrants that she is authorized to execute this document on
Licensee: Date I
' (Is By: Title
Data Requested:
f:kncommon\gisUic-agmt.wpd 1
Memo
To: Mayor DeAngelis
Finance Committee
From: Brian Tur
CC Dawn Gunderson
@
Dustin WolR
Date: April 11,2001
Re: Vandewalle License Agreement - Conservation Development Handbook
The Conservation Committee has been reviewing a number of amendments to local development
guidelines, and has recommended that the City make the final information available to developers the
public in readily understandable format. Vandewalle 8 Associates has agreed to provide the data to the
versions of the guidelines. The attached agreement indicates that Vandewalle will provide the
City in a digital format. which allows staff to publish full versions, summaries, brochure, or poster
copyrighted data, which the City may use but not sell. The City is permitted to make modifications to
the digital documents, provided that the changes are cleally marked and not represented as the
consultant's work.
The digital development handbook is being provide as a part of budgeted work with AES and
Vandewalle. There is no additional charge for this data.
Approval is recommended
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