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ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND JAN GORDON BROWN THIS ART AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND JAN GORDON BROWN (hereinafter "AGREEMENT") is made between City Of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "CITY"), and Jan Gordon Brown, 1271 Schneider, Potlatch, Idaho, 83855 (hereinafter "ARTIST"). THE PARTIES AGREE AS FOLLOWS: 1. PURCHASE: CITY agrees to purchase the use of one watercolor painting generally depicting a blue bird in a tree (hereinafter "ART") from ARTIST, a photocopy of which is attached hereto as Attachment 2. PURCHASE PRICE: CITY agrees to pay ARTIST an amount not to exceed thirty dollars ($30) for the ART. 3. RIGHT TO USE IMAGES: CITY and ARTIST agree that CITY, with its purchase of the ART, acquires the right to use the ART, including any portion of it as follows: a. Use of the ART for CITY's annual holiday card for 2013 in an amount not to exceed seven hundred (700) printed cards; b. Posting of the ART on the official City of Moscow, Idaho webpage for a period of two months; and c. Use of the ART for a one-time email distribution of holiday greetings from CITY. 4. CITY'S EFFORTS TO PROTECT ARTIST'S RIGHTS: CITY will make reasonable efforts to protect ARTIST's rights from infringement by third parties, including requiring credit to appear to Artist Jan Gordon Brown with all uses of ART as set out herein, and by utilizing anti-pirating features of social media, where possible. 5. RESALE: CITY shall not resell the ART image. 6. NON-DESTRUCTION: CITY shall not permit any modification of the ART other than what ARTIST may approve of prior to such modification. 7. MORAL RIGHT: CITY shall not permit any use of ARTIST's name or misuse of the ART which is likely to discredit ARTIST's reputation or which would violate the spirit of the ART. 8. ENTIRE AGREEMENT: This is the entire agreement of the parties and can only be modified or amended in writing by the parties. 9. ATTORNEY FEES: Reasonable attorney fees shall be awarded to the prevailing party in any action to enforce this AGREEMENT or to declare forfeiture or termination. 10. JURISDICTION AND VENUE: It is agreed that this AGREEMENT shall be construed under and governed by the laws of the State of Idaho. In the event of litigation concerning it, it is agreed that proper venue shall be the District Court of the Second Judicial District of the State of Idaho, in and for the County of Latah. ART PURCHASE AGREEMENT 2013 - JAN GORDON BROWN PAGE I OF3 ---PAGE BREAK--- DATED this (p day of December, 2013. CITY City of Moscow, Idaho &.BluJ) ector ARTIST Jan Gordon Brown Ja Gord n Brown 71 Schneider Road Potlatch, Idaho, 83855 (208) 668-1001 ACKNOWLEDGMENT STATE OF IDAHO ) ) SS. COUNTY OF LAT AH ) STATE OF IDAHO ) ) SS. COUNTY OF LATAH ) On this (o day of C2Jn'oeJ: 2012, before me, a Notary Public in and for said State, appeared Kathleen Bums, known to me to be the person named above and acknowledged that she executed the foregoing document a ,the duL'y a.uthorized representative for the City of Moscow, Idaho. \ ,0\c LE:/A; · . " ^v . . - I v . · · . / . . , : . -QTAAY · · N'ota ublic for e State of [dab . - . - §esiding at PUB L C . . My ci(>mmis-s-J io<- ir"""e: s c> • • . . • .P • • ' ' ' ' • Of \Q ' . I \ \ \ ART PURCHASE AGREEMENT 2013 - JAN GORDON BROWN PAGE 20F3 ---PAGE BREAK--- ATTACHMENT ART PURCHASE AGREEMENT 2013 JAN GORDON 13ROWN PAOE3 or3 ---PAGE BREAK--- The Eastern Blue Jay is a rare but occasional visitor to our yard about nine miles northwest of Potlatch. managed to be at the right place at the right time to capture the photo of this Jay resting in our ornamental crab apple tree in late September. The Eastern Blue Jays are also occasionally seen in Moscow and are a treat to see for the amateur bird watcher. Their distinctive call and coloration makes it easy to identify them from the more commonly seen Steller's Jay. Although normally considered a bird of the eastern and southern United States, they are definitely one our birds of the Palouse. Jan selected this subject from my hobby collection of bird and wildlife photographs to paint in watercolor and include as one of her entries for the 2013 30-30-30 exhibition and sale. Gary L. Brown Jan Gordon Brown