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ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND MIGUEL ELGUEDA THIS ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND MIGUEL ELGUEDA (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 Miguel Elgueda, 317 NW True Street, Pullman, Washington, 99163 (hereinafter "ARTIST"). THE PARTIES AGREE AS FOLLOWS: 1. PURCHASE: CITY agrees to purchase one commissioned Tree Grate design generally depicting Natural Tree Roots That Become Exposed When Trees Mature (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 permit any intentional destruction, damage, or modification of the ART. 6. MORAL RIGHT: CITY shall not permit any use o e.ARTISlf''s hame or misuse . ( • I of the ART which is likely to discredit the ARTISr'-s reputation ·01: vyhich would violate the spirit of the ART. Y f 1' · ! ) : . f 7. ENTIRE AGREEMENT: This is the entire Agree61lf of the' Parties an ·tan only be 4 modified or amended in writing by the parties. " 1, , · 1 J I • . . tf.: * , , 8. ATTORNEY FEES: Reasonable attorney fees shall be .awarde'dlto the prevailing party in any action to enforce this Agreement or to declare forfeiture or termination. ART PURCHASE AGREEMENT 2013- MIGUEL ELGUEDA PAGE I OF3 2ol · 2..1 ---PAGE BREAK--- 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 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 ay of April, 2013. CITY City of Moscow, Idaho ARTIST Miguel Elgueda ACKNOWLEDGMENT STATE bA1Jo I /\A-7\A L ) ss. COUNTY OF_/-/6 ) - krtif On this 2...5"fH day of Apr i / , 2013, before me, a Notary Public in and for said State, appeared Miguel Elgueda, 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 2013 - MIGUEL ELGUEDA PAGE20F3 ---PAGE BREAK--- ART PURCHASE AGREEMENT 2013 - MIGUEL ELGUEDA PAGE3 OF3