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ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, .IDAHO AND GAIL SIEGEL THIS ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND GAIL SIEGEL (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 Gail Siegel, 1995 Texas Ridge Road, Deary, Idaho, 83823 (hereinafter "ARTIST"). THE PARTIES AGREE AS FOLLOWS: 1. PURCHASE: CITY agrees to purchase one commissioned Manhole Cover design generally depicting Leaves, Counter-Clockwise Swirl of Draining Water, Birds and Fish (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 00) 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 imags without consent of ARTIST. 1\JL;l l\ \rO 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 t of the ART which is likely to discredit the ARTIST' violate the spirit of the ART. 7. ENTIRE AGREEMENT: This is the entire Agreement modified or amended in writing by the parties. 8. ATTORNEY FEES: Reasomtble-atremey-fees-sha-H-be-awarded-t6-tht7-prevailing party in any astioR to enforoe this A..gROOmoo eF-W deGl:ar- foFfitm:e-<;rr..;teFffieation . Ji.J 'lqe tsF o d-rten ,.L-et-JoN o1:2ol!Htl To j6 ·1'e:em oP --riiak m·C'N'T" 1 - 1 ---p,A12\f 1 l"f> o v-J N A0of2-t-JE-YS l7 1--NP c · ART PURCHASE AGREEMENT 2013 - GAIL SIEGEL PAGE 1 OF 3 ---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. IY11 DATED this 11i day offo?rl1, 2013. CITY City of Moscow, Idaho STATE OF IDAHO COUNTY OF LATAH ) ) ss. ) ARTIST On this day of (l;t , 2013, before me, a Notary Public in and for said State, appeared Gail Siege , nown 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 - GAIL SIEGEL PAGE20F3 ---PAGE BREAK--- . . 1 One of the things I love most about Moscow are the maple trees, especially in the fall when the leaves are brilliant and a mild breeze lifts them from branches in a spiral dance to the street I cannot say why that is what come to mind when I thought about this project, leaves in the street, the counter-clockwise swirl of draining water, the birds and fish that rely on us to take responsible care. Thanks for the opportunity to submit this proposal, 1- spent a lovely weekend thinking about Moscow and what a special place it is. The concept is for these to be cast metal without paint embellishment. I am envisioning the black design as the de bossed area of the manhole covers. In the "Storm" version the drain holes are incorporated in the design of the grebe, sea gull and highly stylized salmon swirling waters. · ART PURCHASE AGREEMENT 2013 - GAIL SIEGEL PAGE3 OF3