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<br /> CITY OF EVERETT
<br /> PURCHASE AGREEMENT
<br /> THIS AGREEMENT made and entered into on this 10th day of December 2007,by and between the CITY OF EVERETT,
<br /> a municipal corporation under the laws of the State of Washington,hereinafter referred to as the"City,"and Mary
<br /> Kuebelbeck',whose address is 94 Sudden Valley,Bellingham,WA 98229(360)676-8975,marykuebelbeck@hotmail.com
<br /> hereinafter referred to as the"Artist."
<br /> NOW,THEREFORE,the parties herein do mutually agree as follows:
<br /> 1. Purchase of Art. The City hereby agrees to purchase from the Artist"Braebum Pear".The artwork is hereafter
<br /> referred to as"Work".
<br /> 2. Description of Art. Steel Pear with powder coated fmish,6'H x 4'W.
<br /> 3. Ownership. The Work shall be and remain for all purposes the property of the City.The Artist shall own any and all
<br /> copyrights in the Work.For non-commercial or nonprofit purposes,including,but not limited to,education,public
<br /> relations,arts promotion,and publicity,the Artist hereby grants the City an irrevocable,non-transferable,non-
<br /> assignable license in perpetuity to reproduce the Work,electronically,graphically or otherwise.Each such reproduction,
<br /> whether by the City or by a third party authorized by the City,shall clearly and legibly identify the Artist as the creator
<br /> of the Work.The Artist also agrees that reproductions of the Work the Artist makes or causes to be made for purposes
<br /> of publicizing the Artist shall identify the Work as part of the City of Everett,Washington Public Art Collection.The
<br /> Artist also grants the City an irrevocable,non-transferable,non-assignable license to reproduce the Work in whole or in
<br /> part for the purposes of repairing the Work or replacing part of the Work if the Work is damaged.
<br /> 4. Artist's Representations and Warranties. Artist expressly represents and warrants that the Work is original and has
<br /> not infringed on another's copyright,or rights in trade or service marks. Artist agrees to defend and indemnify City
<br /> from any and all claims and damages arising out of this Agreement or the Work created hereunder.
<br /> 6. Compensation.
<br /> Total compensation including all services,expenses and applicable taxes,shall not exceed$6,300.As part of this
<br /> purchase agreement,the Artist agrees to refinish areas of the Pear where the powder coat has lifted.This repair work
<br /> will be completed prior to payment.
<br /> 7. Method of Payment.
<br /> To obtain payment,the Artist shall file its request for payment.All requests for payment should be sent to:
<br /> City of Everett
<br /> Attn: Carol Thomas
<br /> 2930 Wetmore Ave., Suite 10-A
<br /> Everett,WA 98201
<br /> 8. Waiver of Certain Rights.
<br /> A.Works Incorporated or Made Part of a Building. The provisions of this subparagraph apply if the Work is
<br /> incorporated or made part of a building. In the event the City determines the Work must be moved,
<br /> relocated,repaired or modified,the City shall use reasonable efforts to contact the Artist,and the Artist shall
<br /> have the right to consult with the City regarding such movement,repair, relocation or modification. If the
<br /> City, in its discretion,determines to move,modify,repair,or relocate the Work,the Artist shall have the
<br /> right to require the City to remove any attribution of the Work to the Artist. Artist hereby irrevocably waives
<br /> any and all rights in the Work it may have pursuant to 17 U.S.C. §106A(a)(2)and(3) Artist does not waive,
<br /> and hereby reserves,any rights it may have pursuant to 17 U.S.C. §106A(a)(1)(right to claim authorship of
<br /> the Work and to prevent the use of his or her name as the author of any work of visual art not created by the
<br /> Artist).
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