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05-024.00 Avista: GIS Data License Agreement VISTA' �IISTA' Utilities AMENDMENT TO AGREEMENT(AVISTA FILE NO. R-21303) BETWEEN Avista Corporation dba Avista Utilities("Licensor") AND City of Spokane Valley("Licensee") This Amendment is hereby annexed to and made a part of the printed part of the Data License Agreement identified by the above File Number. In each instance in which the provisions of this Amendment contradict or are inconsistent with the provisions of the printed portion of the Agreement, and any prior Amendments thereto, the provisions of this Amendment shall prevail and govern, and the contradicted, superseded or inconsistent provisions shall be deemed amended accordingly. This Agreement is amended as follows: Replace Exhibit"A",Licenses, incorporated into the subject agreement, in its entirety, with the revised Exhibit "A," attached to this Amendment. Except as set forth herein, all Terms and Conditions of the Agreement, and any Amendments thereto,shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment, effective as of the last date of execution below. LICENSOR: LICENSEE: Avista Utilities City of Spokane Valley BY: ` is .ac. C.. BY: (signature) (Si a urc) Randi C.Rich /5{9Ut;0 e/LCI E/?_ (Printed Name) (Pri tcd N}tme) Manager Technical Services/GIS Cf pi/ /" /7/— (Title) (Title) /Z-21P (Dane) (Date) Same as above. (Principal Contact) (Principal Contact) PO Box 3727 MSC-24 1411 E.Mission Avenue Spokane, WA 99220-3727 (Mailing Address) (Mailing Address) Rev 3/21/05 Page 1 of 1 Avista Contract No.R-21303 Licensee:City of Spokane Valley co-c-a-V EXHIBIT A LICENSED MATERIAL Layer Name Effective DEM Accuracy Ortho Resolution Data Origination License Date Date Fee (1)AvistalSpokane Valley/ 1012003 Y 5' Y* 0.5' 06/2002* $3,377.73 Spokane Co This license is for the Digital Elevation Model(DEM)and high resolution color orthophotography coverages for all or portions of the Sections/Quarter Sections or Tiles in the vicinity of the City of Spokane Valley in Spokane County, Washington(approximately 48 square miles total or 150 -3000'x 3000'Tiles)as described by the Orthophotography Tile Index,which is attached to and is considered a part of this exhibit,Exhibit A(1). (2)Avista/Spokane Valley/ 10/2003 N/A N/A Y* 0.5' 06/2003* $2,612.03 Spokane Co This license is for the high resolution color orthophotography coverages for all or portions of the Sections/Quarter Sec- tions or Tiles in the vicinity of the City of Spokane Valley in Spokane County,Washington(approximately 48 square miles total or 150 -3000'x 3000'Tiles)as described by the Orthophotography Tile Index,which is attached to and is considered a part of this exhibit;ExhibitA(1). Total License Fees for Items(1)&(2)above $5,989.76 (3)AvistaJSpokane Valley/ NIA NIA Y* 0.5' 08/2004* $3,426.77"' Spokane Co This license is for the high resolution color orthophotography*coverages for all or portions of the Sections/Quarter Sec- tions or Tiles in the vicinity of the City of Spokane Valley in Spokane County, Washington(approximately 48 square miles total or 150 -3000'x 3000'Tiles)as described by the Orthophotography Tile Index,which is attached to and is considered a part of this exhibit,Exhibit A(1). Total License Fee for Items(3) $3,426.77*• "License fee for Item(3)includes all cost-share and relicensing fee credits for 2003 ortho&DEM. Data Format:CIS Digital Data Transfers are provided in Arc/Info.Other special formats are negotiable depending on the Licensor software capability and charged on a per hour basis as a custom query.Most important,the client should know that formats other than Arc/Info,such as DXF,have limited attribute handling capability. Media:Licensed Material shall be provided to Licensee on CD ROM unless otherwise specified and mutually agreed to by Licensee and Licensor. License Fee: The Material license fee is based on the Licensee's commitment to participate in the cost-sharing of the annual or multi- year updating of the Material described above. The schedule for the Material update will be established as mutually agreed upon by Li- censor and cost-sharing licensees. Should the Licensee choose to license only one year of the Material following the execution of this Agreement, license will revert from a cost-sharing based license to a one-time license.Licensee agrees to compensate Licensor the differ- . ence between the "cost-sharing"based license fee and the current fixed, single-tile rate for the Material,if the total one-time license fee exceeds the total"cost-sharing"based license fee.. Rev 3121/05 Page 1 of 1 Avista Contract No.R-21303 Exhibit A(1) Data License Agreement City of Spokane Valley 2004 Orthophotography Tile Index Spokane Project Area(Total A vista Tiles= 150) I TILE NAME TILE NAME TILE NAME TILE NAME TILE NAME TILE NAME (2505:270 (2538:267 (2526:258 (2517:246 (2508:270 (2541:267 12529:258 (2520:246 (2511:270 (2544:267 12532:258 12523:246 12517:270 (2547:267 (2535:258 (2526:246 (2520:270 (2502:264 (2538:258 (2517:243 (2523:270 (2505:264 (2541:258 (2520:243 (2526:270 (2508:264 (2544:258 (2523:243 (2529:270 (2511:264 (2547:258 12526:243 (2532:270 (2514:264 (2499:255 (2517:240 (2535:270 (2517:264 t2502:255 (2520:240 (2538:270 (2520:264 (2505:255 12523:240 (2541:2 70 12523:264 (2508:255 (2520:237 12544:270 12526:264 (2511:255 t2547:270 (2529:264 (2514:255 (2529:279 (2532:264 (2517::255 (2532:279 (2535:264 (2520:255 12526:276 12538:264 (2523:255 (2529:276 12541:264 (2526:255 (2532:276 (2544:264 (2529:255 (2535:276 (2547:264 (2532:255 (2538:276 12499:261 (2535:255 (2541:276 (2502:261 (2538:255 (2544:276 12505:261 (2541:255 12547:276 (2508:261 (2544:255 (2520:273 t2511:261 (2499:252 (2523:273 (2514:261 (2502:252 12526:2 73 t2517:261 12505:252 (2529:273 t2520:261 t2508:252 12532:273 (2523:261 (2511:252 (2535:273 (2526:261 12514:252 12538:273 t2529:261 12517:252 (2541:273 12532:261 12520:252 (2544:2 73 (2535:261 12523:252 12547:273 (2538:261 12526:252 (2502:267 (2541:261 12529:252 (2505:267 12544:261 (2532:252 (2508:267 (2547:261 (2535:252 12511:267 (2499:258 (2538:252 12514:267 12502:258 t2541:252 (2517:267 12505:258 (2517:249 12520:267 12508:258 (2520:249 12523:267 (2511:258 (2523:249 12526:267 12514:258 t2526:249 12529:267 12517:258 (2529:249 12532:267 (2520:258 (2532:249 (2535:267 12523:258 (2535:249 • Awista Ulirilies • 1111 East Mission P4 Box 3737 , • $pokane,Washington 79220-3727 Telepti o-ne 51)949.3415M • /' 411.1r . •ToRFree ;X*7'741170 • f • 111 fllffr"dies • ' ,rte`Xr. f APR 2i205 r� • g April 20, 2005 • • City of Spokane Valley 11.707 E...Sprague Ave, Ste 10 • • Spokane Valley, WA 99206 • Attn:'Steve Stamatopolos Re: Transmittal of Executed Data License Agreement and Amendment for Signature Avista rile No. •R-21303 • Dear Mr- Eamatopo]os: • • Thank you for returning a copy of the subject Agreement signed by the City Manager. This has • been signed by Randi 'Rich and is enclosed for your Files. Enclosed are two sets of originals of the 2004 Amendment. If these documents meet with the City's approval please have both sets executed and return one set to me in the enclosed envelope. Sincerely. • Thomas C. Varlje Staff. Attorney cc: Randi Rich • File No. R-21303 • • • • • • • • • • • • • • Ana niiliate of Avissa Corp,