Full Text
ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND REBECCA DERRY THIS ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND REBECCA DERRY (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 Rebecca Derry, 1137 West A St Apt #I Moscow, Idaho 83843 (hereinafter "ARTIST"). THE PARTIES AGREE AS FOLLOWS: I. PURCHASE: CITY agrees to purchase one commissioned Moscow Fam1ers Market Poster 2012 painting generally depicting a canot background and the 351h year anniversary big and centrally located (hereinafter "ART") from ARTIST, a photocopy of which is attached hereto. 2. PURCHASE PRICE: CITY agrees to pay ARTIST an amount not to exceed one hundred dollars ($100) 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 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 CITY sponsored programs and functions. ART may be provided to other entities, such as newspapers or other publishers, for inclusion in print advertisements. 4. RESALE: CITY shall not resell the original ART or ART images without consent of ARTIST. 5. NON-DESTRUCTION: CITY shall not pennit any intentional destruction, damage, or modification of the ART. 6. MORAL RIGHT: CITY shall not pennit any use of the ARTIST's name or misuse of the ART which is likely to discredit the ARTIST's reputation or which would violate the spirit of the ART. 7. ENTIRE AGREEMENT: This is the entire Agreement of the parties and can only be modified or amended in writing by the parties. 8. 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. ART PURCHASE AGREEMENT 2012- REBECCA DERRY PAGE I or 3 2..01 z..sz.. ---PAGE BREAK--- 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. DATED this day of May 8, 2012 CITY City of Moscow, Idaho Nanc ATTEST: STATE OF IDAHO ) ) ss. COUNTY OF LATAH ) ARTIST \Rebecca Derry 1137 W. A Street #1 Moscow, ID 83843 ACKNOWLEDGMENT On this B M , 2012, before me, a Notary Public in and for said State, appeared , own to me to be the person named above and acknowledged that he execute the foregoing document as the duly authorized representative. 141DecCA 111 Notary p\_;JiC for the State ofldaho , . · ' · · 'fs> Residing at t'14t> S t