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ART PURCHASE AGREEMENT BETWEEN GRAND A VENUE GREENWAY COMMITTEE OF THE CITY OF PULLMAN, WASHINGTON AND ANELA GIANOPULOS, ARTIST THIS ART PURCHASE AGREEMENT BETWEEN GRAND AVENUE GREENWAY COMMITTEE OF THE CITY OF PULLMAN, WASHINGTON (hereinafter "COMMITTEE") and ANELA GIANOPULOS, ARTIST (hereinafter "AGREEMENT"), is made between Grand Avenue Greenway Committee of the City of Pullman, Washington, a municipal corporation of the State of Washington (hereinafter "COMMITTEE") and Anela Gianopulos, 1404 Ridge Road, Apt. 5, Moscow, Idaho, 83843 (hereinafter "ARTIST"), with purchase/sale facilitated by City Of Moscow, Idaho, a municipal corporation of the State ofldaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "CITY"). COMMITTEE and ARTIST agree that COMMITTEE and the City of Pullman, with its purchase of the ART, acquires the right to use the ART and its image, including any portion of its image. The use of ART may include, but is not limited to, electronic and print promotion of COMMITTEE and/or City of Pullman-sponsored programs, communications, and functions. ART may be provided to other entities, such as newspapers or other publishers, for inclusion in print advertisements. THE PARTIES AGREE AS FOLLOWS: 1. PURCHASE: CITY agrees to facilitate purchase of one metal art sculpture titled "The Journey Home" generally depicting a metal sculpture of a salmon (hereinafter "ART") for COMMITTEE from ARTIST, a photocopy of which is attached hereto as Attachment Payment to be made to CITY and CITY will remit payment to ARTIST 2. PURCHASE PRICE: COMMITTEE agrees to pay CITY an amount not to exceed one thousand dollars ($1,000) for the ART. CITY will pay ARTIST the amount of the purchase, minus CITY's twenty percent (20%) commission, as per agreement between CITY and ARTIST. 3. POSSESSION: COMMITTEE to take possession of ART June 4, 2016 as ART is currently displayed at the Sustainable Moscow Area Regional Transit Center (SMART) as part of the City of Moscow Sculpture Garden exhibit. CITY will keep ART insured until COMMITTEE takes possess10n. 4. RIGHT TO USE IMAGES: COMMITTEE and ARTIST agree that COMMITTEE and City of Pullman, with its purchase of the ART, acquires the right to use the ART and its image, including any portion of its image. The use of ART may include, but is not limited to, electronic and print promotion of COMMITTEE and/or City of Pullman-sponsored programs and functions. ART may be provided to other entities, such as newspapers or other publishers, for inclusion in print advertisements. 5. COMMITTEE'S EFFORTS TO PROTECT ARTIST'S RIGHTS: COMMITTEE will make reasonable efforts to protect ARTIST' s rights from infringement by third parties, including requiring credit to appear to Anela Gianopulos, ARTIST, with all uses of ART as set out herein, and by utilizing anti-pirating features of social media, where possible. ART PURCHASE AGREEMENT 2015 - GRAND A VENUE GREENWAY COMMITTEE; GIANOPULOS PAGE I OF4 2Dl5-14S ---PAGE BREAK--- 6. RESALE: COMMITTEE shall not resell the ART image without the consent of ARTIST. 7. NON-DESTRUCTION: COMMITTEE shall not permit any modification of the ART other than what ARTIST may approve of prior to such modification. 8. MORAL RIGHT: COMMITTEE 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. 9. ENTIRE AGREEMENT: This is the entire agreement of the parties and can only be modified or amended in writing by the parties. 10. 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. DATED this 3D day of re ,2015. COMMITTEE ARTIST City of Pullman, Washington Parks Superi endent City of Pullman, Washington CITY City of Moscow, Idaho ath een Bums Art Director City of Moscow, Idaho ART PURCHASE AGREEMENT 2015 - GRAND A VENUE GREENWAY COMMITTEE; GIANOPULOS At1eaGia110j}ulos 1404 Ridge Road, Apt. #5 Moscow, Idaho 83843 PAGE2 OF4 ---PAGE BREAK--- STATE OF IDAHO ) ) SS. COUNTY OF LATAH ) ACKNOWLEDGMENT On this &o day of Se,n\-- , 2015, before me a Nota1y Public in and for said State, appeared Anela Gianopulos, b{c)Wn to me to be the person named above and acknowledged that she executed the forega\1i¥tffirument as the duly authorized representative. 'i sc Q 'Æ 4 0 \ ¾ ) rthiState qf ldaho : \ Pue\.\C ; Res1dmg at_()l v-J ; 3- My commission expires q , . Ã Är. f OF \v . . STATE OF IDAHO ) ) SS. COUNTY OF LATAH ) ACKNOWLEDGMENT On this _ ' day of , 2015, before me, a Notary Public in and for said State, appeareCiiG'title n to me to be the person named above and acknowledged that she executed the foregoing document as the duly authorized representative for the City of Moscow, Idaho. " 'l SC4 111, ÇoÈ À I &a K : Q { ÉOTAÊr \ J : : : Á b. : - • 5-v : Â cJl·.. • 0 ·67 ¿ • • • • ( , OF \Q 111'''' ART PURCHASE AGREEMENT 2015 - GRAND AVENUE GREENWAY COMMITIEE; GIANOPULOS Notarytate Residing at C.U v My commission expires PAGE3 OF4 ---PAGE BREAK--- ATTACHMENT ART PURCHASE AGREEMENT 2015- GRAND A VENUE GREENWAY COMMITTEE; GIANOPULOS PAGE40F4 ---PAGE BREAK--- City of Moscow Arts Department 206 East Third St Moscow ID, 83843 Phone: (208) 882-7036 Fax: (208) 883-0737 Date:Octoberl, 2015 Contact Name: Alan Davis Company: Parks and Rec Superintendent for the City of Pullman, WA Address: 240 SE Dexter Street Pullman, WA 99163 Item: Art Purchase Fee for this Invoice: Shelly Gilmore sculpture titled 'Cycle of Wheat' Anela Gianopulous sculpture titled 'The Journey Home' TOTAL: $1,750 Please remit payment to: City of Moscow Mail to: City of Moscow Arts Department P.O. Box 9203 Moscow ID, 83843 $750 $1,000