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HomeMy WebLinkAboutC-2423no -v6 C -2433 COPYRIGHT LICENSE AGREEMENT This License Agreement (the "Agreement ") is made as of the date written below (the "Effective Date ") by and between BY Design Group, Attn: Benjamin Zhu, 111 South Walnut Grove Avenue, Suite 201, San Gabriel, California 91776 ( "Licensor ") and City of Arcadia, 240 West Huntington Drive, Arcadia, California 91007 ( "Licensee "). 1. License. Licensor grants Licensee, and Licensee accepts, a limited, non - exclusive, royalty -free, non - assignable, and non - transferable perpetual license to make and use copies of the work entitled 162 E. La Sierra Drive, a copy of which is attached hereto as Attachment A (the "Copyrighted Work ") for inclusion in Licensee's single- family residential design guidelines ( "Licensee Guidelines "). The Licensee Guidelines are intended for distribution to, and will be distributed to, the general public to demonstrate successful and discouraged front elevation designs for single - family residences located or to be located within the City of Arcadia 2. Licensee may not sell, distribute, create derivative works based on, transfer or otherwise use the Copyrighted Work for any purpose other than as permitted in this Agreement, without Licensor's prior written consent. 3. Copyright Notice. Licensee agrees that every copy of the Copyrighted Work included in the Licensee Guidelines will contain the following notice: Copyright © 2008, BY Design Group. All rights reserved. 4. Termination. Upon any failure by Licensee to adhere to any provision of this Agreement, Licensor may terminate this Agreement effective upon written notice to Licensee. Upon the expiration or any termination of this Agreement, Licensee will return to Licensor or destroy, at Licensor's option, all original and duplicate copies of the Copyrighted Work. 5. Limitation of Liability. a. Licensor bears no liability for damages with respect to this Agreement and the license provided herein and in no event will Licensor be liable to Licensee for any loss of or damage to revenues, profits or goodwill or other special, incidental, indirect or consequential damage of any kind resulting from the license granted hereunder, including without limitation any interruption of business, even if Licensor has been advised of the possibility of such damages. b. Licensee bears no liability for damages with respect to this Agreement and the license provided herein and in no event will Licensee be liable to Licensor for any loss of or damage to revenues, profits or goodwill or other special, incidental, indirect or consequential damage of any kind resulting from the license granted hereunder, including without limitation the use or misuse of the Copyrighted Work by any third party, even if Licensor has been advised of the possibility of such damages. RM IATNBGC K\303727.2 6. No Assignment by Licensee. Licensee may not assign, sublicense or transfer this Agreement without Licensor's prior written consent. 7. Governing Law. This Agreement will be governed in all respects by the laws of the State of California. In the event of any dispute concerning the meaning, interpretation, or alleged breach of this Agreement or the subject matter herein, as between the parties hereto, venue is properly in the County of Los Angeles. S. Entire Agreement. This Agreement constitutes the full and entire understanding between the parties with respect to the subject thereof, notwithstanding any representations, statements, or agreements to the contrary heretofore made. This Agreement may be amended only by a writing signed by both parties. LICENSOR: BY DESIGN GROUP Signature:�� Name: Title: 6'J/16k�?�l S��LU7 Date: LICENSEE: CITY OF ARCADIA Signature: (—� Qs Name: Qc. aj o PCr%VnQ„ Title: C*ArN Managti ATTEST- ,/ 1 elL e-. Ci y 1 r4of e City f Ardadila APPROVED AS TO FORM: l' ii\� Stephen P. Deitsch City Attorney RM LITCB F C K003727.2 2 ATTACHMENT A TO COPYRIGHT LICENSE AGREEMENT RM Lf11N BECK3037272 MEMORANDUM Development Services Department January 28, 2009 TO: Donald Penman, City Manager FROM: Steven Lee, Assistant Planner SUBJECT: Copyright License Agreements for the Single - Family Residential Design Guidelines Update Project The Development Services Department is in the process of updating the City's Single - Family Residential Design Guidelines. The Planning Commission has already reviewed the draft Guidelines document and has forwarded the document to the City Council for review and approval. One of the changes to the Guidelines is the creation of a new "Successful Application of the Guidelines" chapter (see attachment). This chapter contains three actual design review cases that, in staff's opinion, illustrate effective and successful implementation of the design guidelines. In order to include the elevation plans for each project, the City Attorney has advised staff to obtain signed copyright license agreements from each of the three design firms. The attached agreements have been reviewed and approved by the City Attorney as to form, and have already been signed by a representative from each firm. Please review the agreements and, if you find them acceptable, sign page 2 of each document. Please let me know if you have any questions or concerns. My extension is 444 and my email address is sleeCcDci.arcadia.ca.us. Thank you. City of Arcadia I SINGLE- FAMILY RESIDENTIAL DESIGN GUIDELINES SUCCESSFUL APPLICATION OF THE GUIDELINES This section highlights three actual design review cases that demonstrate how careful implementation of the design guidelines can achieve very successful results. For each project, there is a "discouraged" front elevation, showing the project as originally submitted, and an "encouraged" front elevation, showing the project in its final approved form. The examples illustrate how roof and facade articulation, asymmetry in facade design, and /or a less elaborate architectural style can transform the appearance of a house without significantly reducing its size. Copyright Notice: The architectural drawings, including but not limited to the front elevation designs, contained in the Single- Family Residential Design Guidelines are protected under United States and international copyright laws and am the exclusive property of the City of Arcadia or its third party licensors. The drawings are provided in these Guidelines for reference purposes only and may not be copied, reproduced, republished, posted, transmitted, displayed, modified, sold, distributed or in any way used by you or on your behalf, in any form or by any means, including for the making of derivative works, without express prior written consent from the owner of each respective drawing.