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ART PURCHASE AGREEMENT BETWEEN BETTY JO FITZGERALD AND CITY OF MOSCOW, IDAHO THIS ART PURCHASE AGREEMENT BETWEEN BETTY JO FITZGERALD AND CITY OF MOSCOW, IDAHO (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 Betty Jo Fitzgerald, 3327 Windolph Lane NW, Olympia, Washington, 98502 (hereinafter "ARTIST"). THE PARTIES AGREE AS FOLLOWS: 1. PURCHASE: CITY agrees to purchase four commissioned Moscow Artwalk 2009 paintings (hereinafter "ART") from ARTIST, a photocopy of which is attached hereto. 2. PURCHASE PRICE: CITY agrees to pay ARTIST an amount not to exceed five hundred dollars ($500) 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 permit 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 attomey fees shall be awarded to the prevailing party in any action to enforce this Agreement or to declare forfeiture or tennination. 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. ART PURCHASE AGREEMENT- BETTY JO FITZGERALD PAGE I OF2 ---PAGE BREAK--- DATED this day of June, 2009. CITY ARTIST City of Moscow, Idaho f ATTEST: Stephanie Kalasz, City Clerk STATE OF IDAHO ) ) ss. COUNTYOFLATAH ) Betty Jo Fitzgerald 3327 Windolph Lane NW, Olympia, WA 9850(2 ACKNOWLEDGMENT On this day of , 2009, before me, a Notary Public in and for said State, appeared Betty J o F1tzg d, known to me to be the person named above and acknowledged that she,tpUalqcj1the foregoing document as the duly authorized representative. LE 11 w,-s MNO , e • • • I , ' . y . • 4'a.D J : . I . . - . : = = : 1'1.. • = e.K \V : O PUP6 07 3 ' L1':. ,oM ,N 11;1 4re of ' 111/IJII\\\ Agrecment/ArtPurchase: Betty Io Fitzgerald 2009/naes ART PURCHASE AGREEMENT- BETIY JO FITZGERALD PAGE20F2 ---PAGE BREAK--- ART PURCHASE AGREEMENT BETWEEN BETTY JO FITZGERALD AND CITY OF MOSCOW, IDAHO ATTACHMENT