Full Text
- ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND ANDY SEWELL THIS ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND ANDY SEWELL (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 Andy Sewell, 5299 Highway 95, Viola, 83872 (hereinafter "ARTIST"). THE PARTIES AGREE AS FOLLOWS: 1. PURCHASE: CITY agrees to purchase one painting, "Garden Studebaker'', generally depicting an old rusty vehicle in a green garden (hereinafter "ART") from ARTIST, a photocopy of which is attached hereto. 2. PURCHASE PRICE: CITY agrees to pay ARTIST an amount not to exceed four hundred ninety five dollars ($495) 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 permit any intentional destruction, damage, or modification of the ART. 6. MORAL RIGHT: CITY shall not permit any use of the ARTIS T'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. 9. 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 ART PURCHASE AGREEMENT 2014- ANDY SEWELL PAGE 1 OF3 ---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. /1 DATED this _ l _ day of Atffi-1, 2014. CITY City of Moscow, Idaho Bill Lambert, Mayor STATE OF IDAHO ) ) SS. COUNTY OF LATAH ) ARTIST Andy Sewell 5299 Highway 95 Viola, Idaho 83872 ACKNOWLEDGMENT On tlris Q day of rY\ , 2014, before me, a Notary Public in and for said State, appeared Andy Sewell, knm to me to be the person named above and acknowledged that he executed the foregoing document as the duly authorized representative. . O sc-4 6 'lo''X ' . , 5 TU 7 0 I VolWJ> \ Q . 1 - . i - ; \ "LJ9a\V : = . ·o . • , I 8 v/ RS -4 E Of \ Agreement/ArtPurchase; Andy Sewell 2014/pm ART PURCHASE AGREEMENT 2014-ANDY SEWELL Notary Public for the tate of Idaho Residing at ffioSc t> w My commission expires 9-jj/-r P PAGE 2 OF 3 ---PAGE BREAK--- ART PURCHASE AGREEMENT 2014 - ANDY SEWELL PAGE3 OF3