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ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND MARTHA MCIVER THIS ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND MARTHA MCIVER (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 Mmtha Mciver, 1130 Butte Road, Moscow, Idaho, 83843 (hereinafter ''ARTIST"). WHEREAS, CITY wishes to obtain an unframed watercolor depiction of a winter scene including Moscow City Hall, approximately eleven inches by seventeen inches ( 11 "x 1 T) in dimension from ARTIST; and WHEREAS, ARTIST agrees to provide such ART to CITY on or before December 10, 20 1 0; THE PARTIES AGREE AS FOLLOWS: 1. PURCHASE: CITY agrees to purchase one ( 1) commissioned City Hall winter scene painting (hereinafter ''ART") tl·om ARTIST, a photocopy of which is attached hereto as Exhibit 2. PURCHASE PRICE: CITY agrees to pay ARTIST an amount not to exceed two hundred dollars ($200) for the ART provided such is created and delivered to CITY on or before December 10,2010. 3. DELIVERY DATE: ARTIST agrees to create ART and to deliver it to CITY on or before December 10, 201 0. 4. 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, communications, and functions. ART may be provided to other entities, such as newspapers or other publishers, for inclusion in print advertisements. 5. RESALE: CITY shall not resell the original ART or ART images without consent of ARTIST. 6. NON-DESTRUCTION: CITY shall not permit any intentional destruction, damage, or modification of the ART. 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. ART PURCHASE AGREEMENT 2010- MARTilA MCIVER PAGE I OF2 Zo\O·lA ---PAGE BREAK--- 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 tennination. 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. DATED this L day of December, 2010. CITY City of Moscow, Idaho STATE OF IDAHO ) ) ss. COUNTY OF LATAH ) ARTIST Mm1ha Mciver 1130 Butte Road Moscow, ID 83843 On this day of 2010, before me, a Notary Public in and for said State, appeared Martha Mciver, known to me to be the person named above and acknowledged that she executed the foregoing document as the duly authorized representative. ART PURCHASE AGREEMENT 2010- MARTIIA MCIVER PAGE 2 OF2