Full Text
ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND STEVE SCHULTE THIS ART PURCHASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND STEVE SCHULTE (hereinafter "AGREEMENT") is made between City Of Moscow, Idaho, a municipal corporation of the State ofldaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "CITY"), and Steve Schulte, 973 East Street, Moscow, Idaho, 83843 (hereinafter "ARTIST"). 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. THE PARTIES AGREE AS FOLLOWS: 1. PURCHASE: CITY agrees to purchase one oil and acrylic painting entitled "Grassy Mop" generally depicting a gray streaked background and colorful grass lines (hereinafter "ART") from ARTIST, a photocopy of which is attached hereto as Attachment 2. PURCHASE PRICE: CITY agrees to pay ARTIST an amount not to exceed one hundred fifty dollars ($150) 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, inclµding 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. , e , 4. CITY'S EFFORTS TO PROTECT ARTIST'S RIGHTS: CITY will make reasonable efforts to protect ARTIST's rights from infringement by third:parties, including requiring credit to appear to Artist Steve Schulte with all uses of ART as set out herein, and by utilizing anti-pirating features of social media, where possible. 5. RESALE: CITY shall not resell the ART image. 6. NON-DESTRUCTION: CITY shall not permit any modification of the ART other than what ARTIST may approve of prior to such modification. 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. 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 termination. ART PURCHASE AGREEMENT 2015 - STEVE SCHULTE PAGE I OF 3 ·z.o ' 5 \ \ 6 ---PAGE BREAK--- 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 thisdf,__ dayof¥ , 2015. CITY ARTIST City of Moscow, Idaho STATE OF IDAHO ) ) SS. COUNTY OF LATAH ) Steve Schulte St ut 973 East Street Moscow, Idaho, 83843 ACKNOWLEDGMENT On this day of , 2015, before me, a Notary Public in and for said State, appeared Steve Schulte, kne to be the person named above and acknowledged that he executed the foregoing document as the d'y\<\M&lle&Jy?resentative. (€t.it. / ; /l = : _ • _ Public fo the State oo PU \Ci :Resithng ' BL .··f:ommission expires _ STATE OF IDAHO ) , . 11 'A'CKNOWLEDGMENT ) SS. COUNTY OF LATAH ) On this 3 \ day of A,u'"ltl •44= , 2015, before me, a Notary Public in and for said State, appeared Kathleen Burns,1 .t;o be the person named above and acknowledged that she executed the foregoing document ą$ tl¥€hJly %utho/1zed representative for the City of Moscow, Idaho. / NO:ARy - l A • fi - - ; · Puauc Ćott'fiiSfate oflda . . , . Residing · My commission expires_--1r-r-o:::r""'-t-t F . 11 l \ \ ART PURCHASE AGREEMENT 2015 - STEVE SCHUL TE PAGE2 OF3 ---PAGE BREAK--- ATTACHMENT ART PURCHASE AGREEMENT 2015 - STEVE SCHUL TE PAGE3 OF3 ---PAGE BREAK---