HomeMy WebLinkAboutSuffolk Co Real Prop TaxCOUNTY OF SUFFOLK
ROBERT J. GAFFNEY
SUFFOLK COUNTY EXECUTIVE
REAL PROPERTY TAX SERVICE AGENCY
PENNY WELLS LAVALLE, MAI, CCIM
DIRECTOR
October 16, 2002
Ms. Valerie Scopaz, AICP
Southold Town Hall
P.O. Box 1179
Southold, NY 11971
Dear Ms. Scopaz:
Enclosed you will find two (2) copies of a fully executed sub-liceme agreement between the Real
Property T~ Service Agency, the Town of Southold and the New York State Department of State. Please
forward one copy to your sub-contractor for their ~ecords.
Should you have any additional questions regarding this agreement for use of the Real Property Tax
Service Agency's T~x Map and GIS Basemap data, do not heskate to contact this office at (631) 852-1550.
Sincerely,
Christopher R. N-~i
Assistant to the Director
Enclosure
300 CENTER DRIVE
RIVERHEAD, NEW YORK 1190%3398
PHONE: (631) 8524550
FAX: (63'1) 852-'1566
Tax Maps:and GIS Sub-License Agreement; rev. 5117101
Law No. 05-RP - 1')
Tax Maps and GIS Product Third Party Sub License Agreement
This Sub-License Agreement ("Sub-License Agreement") is between the
Town of Southold("Sub-Licensor"), located at Town Hall, 53095 Main Road,
Southold, New York 11971; and the New York State Department of State ("Sub-
Licensee"), having its principal office at 41 State Street, Albany, New York 12231-
0001 ;~ and
The parties her~eto desire that Suffolk,County Real Property Tax Maps ("Tax
Maps") a~nd/or certain digital data sets (the "Product") from the Agency's computer
dat~a base~ known as the "Suffolk County GIS Basemap" be sub-licensed (the ~Sub-
Lic~nse").'to the sub-Licensee, subject'to the approval of,the COunty: TaX maps and
pr°duCt~aredefined in paragraph 4~ of Exh!,bit A Of t~.e License, Agreement (attached as
Exhibit C) between the County of Suffolk ( Licensor' ) and the Sub-Licensor.
Terms and COnditions: Shall be as set forth in Exhibits A through C, attached.
Term of License Agreement: Shall commence upon execution and continue through
December 31, 2005.
Total Cost of License Agreement: No Cost to Sub-Licensor or the Sub-Licensee,
except for standard media reproduction costs.
In Witness Whereof, the parties hereto have executed this Sub-LicenSe Agreement as
of the latest date written beloW.
Town of Southold
By: ~'~ r, r~, ~ ~
Title:/~r.~ ~c~Fq l.t~ l'"-
Fed. Taxp/ayer~ ID
Date: 71.~/0 z~
Approved As To Form, Not
Reviewed-As To Execution:
~-~l:renny~lls LaValle Direcf~or'
Date:
1
Page of 7 pages
Tax Maps and GIS Sub-License Agreement; rev. 5117101
Law No. 05-RP
Exhibit
Table of Contents
A General Terms and Conditions
1. Grant of Sub-License
2. Term and Termination
3. Permitted Uses
4. Contact Persons/Notice Requirements
5. Gratuities
6. Severability
7. Entire Agreement
8. No Oral Changes
9. All .P~jhts Reserved
10. GOverning Law
Exhibit B
Variable Terms and Conditions
(consists of I page)
Exhibit C
Copy of License Agreement between the Sub-Licensor and the County of
Suffolk, a municipal corporation of the State of New York, acting through
its duly constituted Real Property Tax Service Agency; said License
Agreement consists of 10 pages.
2
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Tax Maps and GIS Sub,License Agreement; rev. 5117101
Law No. 05-RP
Exhibit A
General Terms and Conditions
Whereas, the County of Suffolk, a municipal corporation of the State of New York,
acting through its duly constituted* Suffolk County Real Property Tax-Service Agency
(Agency) and the Sub-Licensor have executed a License Agreement, a copy of which is
attached hereto as Exhibit C; and
Whereas, the Sub-Licensor, in order to complete the projects set forth in such License
Agreement, desires to utilize the services of the Sub-Licensee;
NOw therefore the,part~es agree as follows:
Grant of Sub-License: a, The Sub-Licensor; through its Licensor, the County of
Suffolk, grants to the Sub-Licensee a non-exclusive, non-transferable license
(the "Sub-License") to use the Tax Maps and/or Product. as defined in the
LicenseAgreement, subject to the terms and conditions described in such
License Agreement and this Sub-Licensee Agreement.
b. Consent to this Sub-License is at the sole discretion of the County of
Suffolk, acting through its duly constituted Real Property Tax Service Agency.
Such consent shall ~3e indicated by the signature of the Director of Real Property
Tax Service Agency (or his/her designee) on page one (1) of this Sub-License
Agreement.
2. Term and Termination:
a. Term
This Sub-License Agreement shall cover the period provided on the first
page of this Sub-License Agreement, unless sooner terminated as
provided below.
b. Termination for Cause
In the event the Sub-Licensee violates any of the terms and
conditions of this Sub-License Agreement, the County and/or the
Sub-Licensor may terminate this Sub-License, provided that no
such termination shall be effective unless:
the Sub-Licensee is given ten (10) business days written
notice of intent to terminate ("Notice of Intent to Terminate"),
and
Bm
an opportunity for consultation with the County and/or the
Sub-Licensor prior to termination; and
3
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TaxMaps and GIS Sub-License Agreement; rev. 5/17101
Law No. 05-RP
m
an opportunity to cure any violation of the terms and
conditions of the Sub-License
In the event that the Licensee has not cured, or commenced to
cure, to the satisfaction of the County, within such ten day period
(or longer period at the County's option), then the County may
issue a written termination notice ("Termination Notice").
ii,
Notwithstanding the above, if the Sub-Licensee makes use of the
Tax-Maps and/or Product in a manner not permitted bythe License
Agreement. and/or this Sub-License Agreement and the County
reasonably determines .that such use was intended to result in
harm to the County'S proprietary rights, the County sha!i have the
right to.terminat~ this Sub~icense Ag reemen[ i~iate!y upop
written notice, stating the reason, to. the Sub-Licensee.
c. Termination for Convenience
Either party may terminate this Sub-License Agreement for any reason
whatsoever, provided that no such termination shall be effective unless
the other party is given sixty (60) calendar days pdor written notice of
such termination.
d. Return of Tax Maps and Product:
In the event that this Sub-License Agreement is terminated for any
reason, within ten (10) business days thereafter, the Sub-Licensee shall
return or destroy the original and all copies of the Tax Maps and Product
and any derivative work(s) of the Product in spatial digital format. The
Sub-Licensee will certify that such action has been taken.
Notwithstanding the above, derivative work(s) in the form of reports in
raster digital format or paper copy need not be destroyed.
Permitted Uses:
The use of the Tax Maps and/or Product covered by this Sub-License
shall be limited to work directed by the Sub-Licensor, or work done
pursuant to an agreement or contract between the Sub-Licensee and the
Sub-Licensor.
The Sub-Licensor and the Sub-Licensee agree that the County of
Suffolk/Licensor is the owner of the Tax Maps and/or Product, including
all applicable dghts to patents, copyrights, trademarks and trade secrets.
4
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Tax Maps and GIS SUb-License Agreement; rev. 5117101
Law No. 05-RP
The Sub-Licensor and the Sub-Licensee further agree that a copy of the
License Agreement between the Sub-Licensor and the County of
Suffolk/Licensor has been furnished to Sub-Licensee and is attached
hereto, as Exhibit B.
The Sub-Licensee shall not sell, transfer, publish, disclose, or otherwise
make the Tax Maps and/or Product available to others and agrees to
protect the Tax Maps and/or Product from unauthorized use,
reproduction,~ distribution or publication.
dm
The Tax Maps and/or Product are to be used only for the purpose of
completing the project described in this Sub-License Agreement.
4. Contact Persons/Notice Requirements:
Any communication, notice, claim for payment, report or other submission
necessary or required to be made by the parties regarding this Sub-
License Agreement shall be deemed to have been duly made upon
receipt by the parties at the addresses set forth in Exhibit B.
5;
Gratuities:
The Sub-Licensee represents and warrants that it has not offered or given any
gratuity to any official, employee or agent of Suffolk County or New York State or
of any political party, with the purpose or intent of securing an agreement or
securing favorable treatment with respect to the awarding or amending of an
agreement or the making of any determinations with respect to the performance
of an agreement, and that the signer of this Sub-License Agreement has read
and is familiar with the provisions of Local Law No. 32-1980 of Suffolk County
(Chapter 386 of the Suffolk County Code).
6. Severability:
If any part of this Sub- License Agreement, for any reason, is declared to be
invalid, it shall be deemed restated as nearly as possible in accordance with
applicable law and the original intentions of the parties, and the remaining
provisions shall remain in full force and effect.
5
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Tax Maps and GIS Sub-License Agreement; rev. 5117101
Law No. 05-RP
7. Entire Agreement:
It is expressly agreed that this instrument represents the entire agreement of the
partiesand that all previous understandings are merged in this Sub-License
Agreement. The parties expressly agree that any pdor executed license
agreement between the parties is merged in this Sub-License Agreement.
8. No Oral Changes:
No modification of this Sub-License Agreement shat; be valid unless written in
the form of an Addendum or Amendment signed by both parties.
9. All Rights Reserved:
All rights not specifically granted in this Sub-License Agreement are reserved to
County/Licensor.
10. Governing Law
This Agreement shall be governed by the laws of the State of New York.
End of Text for Exhibit A
6
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Tax Maps and GiS S-ub~LicenSe Agreement; rev. 5117101
Law No. 05,RP
Exhibit B
Variable Terms and Conditions:
1. Sub-Licensee's Use of Tax ,Maps and/or Product:
The Licensee will use the Tax Maps and Product as follows:
For information sharing on the Town of Southold's GIS Database for
growth management.
Con~act Information for Sub-Licensor and the Sub-Licensee:
Valerie Scopaz, AICP
Town Planner
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
(631) 765-1938
Valerie:Scopaz@town.southold.ny.us
Jeffrey L. Herter, GIS Manager
Di~sion of Coastal Resources
:New York State Department of State
(518) 486-7942
jherter@dos.state.ny.us
End of Text for Exhibit B
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