HomeMy WebLinkAboutContract 52438-CA1 CSC No. 52438-CAl
ASSIGNMENT OF RESTAURANT AND CATERING SERVICES AGREEMENT
FOR THE FORT WORTH BOTANIC GARDEN
(CITY SECRETARY CONTRACT NO. 52438)
This ASSIGNMENT OF RESTAURANT AND CATERING SERVICES
AGREEMENT FOR THE FORT WORTH BOTANIC GARDEN ("Assignment") is made
and entered into by and between the City of Fort Worth ("City"), a home-rule municipal
corporation organized under the laws of the State of Texas, Kelcher Entertainment Group,LLC
("Kelcher"), a Texas limited liability company, and the Botanical Research Institute of Texas,
Inc. ("BRIT"), a Texas non-profit corporation.
The following recitals are true and correct and form the basis of this Assignment:
WHEREAS, the City and Kelcher entered into an agreement for Kelcher to operate a
restaurant and provide catering services at the Fort Worth Botanic Garden,City Secretary Contract
Number 52438 ("Agreement"); and
WHEREAS, the City and BRIT have entered into a management agreement for BRIT to
assume management of the Fort Worth Botanic Garden, City Secretary Contract Number 54201
("Management Agreement"); and
WHEREAS, the City, Kelcher, and BRIT desire for the Agreement to be assigned by the
City to BRIT in order for BRIT to manage the Agreement on behalf of the City pursuant to the
Management Agreement;
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, the City, Kelcher, and BRIT agree as follows:
1. The City assigns to BRIT all of the City's rights, title, and interest under the
Agreement effective October 1, 2020 ("Effective Date").
2. This Assignment constitutes a delegation of performance of the duties of the City
under the Agreement, and BRIT promises to perform all such duties under the
Agreement.
3. Kelcher consents to the assignment of the Agreement expressly upon the promise
and covenant by BRIT, and BRIT promises and covenants to the City and Kelcher,
that BRIT will comply with and assume all duties and obligations of the City as set
forth in the Agreement. The City will comply with and be liable for performance
of all duties and obligations of the City pursuant to the Agreement arising prior to
the Effective Date.
4. By executing this Assignment, the City does not ratify or endorse any agreement
or representation between Kelcher and BRIT,or grant BRIT any rights greater than
those granted to the City under the Agreement.
OFFICIAL RECORD
CITY SECRETARY
ASSIGNMENT OF RESTAURANT AND CATERING SERVICES AGREEMENT FT.WORTH, TX
FOR THE FORT WORTH BOTANIC GARDEN
5. All terms in this Assignment that are capitalized but not defined shall have the
meanings assigned to them in the Agreement.
6. On and after the Effective Date, all notice which is required or desired to be sent to
the BRIT under the Agreement shall be delivered to the following:
Botanical Research Institute of Texas, Inc.
Attn: Executive Director
1700 University Drive
Fort Worth, Texas 76107-3400
7. The City, Kelcher, and BRIT agree that on and after the Effective Date:
(a) all references in the Agreement to "the Director of the Park & Recreation
Department Director or his or her designee" or "Director" shall mean "the
Executive Director of BRIT, or the Executive Director's designee";
(b) all references in the Agreement to "City staff at the Botanic Garden" shall
mean "the Executive Director of BRIT, or the Executive Director's
designee";
(c) all references to the "City" in Section 1.4 of the Agreement shall be and
read"City and BRIT";
(d) the City's right to perform inspections and direct Kelcher to perform
maintenance or repairs pursuant to section 9.3 of the Agreement shall be a
right of both the City and BRIT, both individually and jointly;
(e) the indemnity and liability protections Kelcher provides to City in the
Agreement (Sections 6.4, 9.4, 13, and 19 of the Agreement) shall be
provided to and protect both the City and BRIT;
(f) the insurance protections Kelcher provides to the City pursuant to Sections
6.5 and 11 of the Agreement shall be provided to protect both the City and
BRIT; and
(g) title to all Discretionary Improvements as outlined in Section 6.1 of the
Agreement shall continue to vest with the City.
8. BRIT understands that Kelcher was selected pursuant to the Texas public
procurement laws and the Agreement must be administered in accordance with
Texas law.
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ASSIGNMENT OF RESTAURANT AND CATERING SERVICES AGREEMENT Page 2 of 4
FOR THE FORT WORTH BOTANIC GARDEN
IN WITNESS WHEREOF, the undersigned have executed this Consent to be effective
on October 1, 2020.
CITY OF FORT WORTH Contract Compliance Manager:
By signing, I acknowledge that I am the
person responsible for the monitoring and
Dana Burghdoff(Dec 10,20 12:24 CST)V/ administration of this contract, including all
Dana Burghdoff performance and reporting requirements.
Assistant City Manager
Date: Dec 10, 2020 �33rdraYoun o (Dec5.20?
Sandra Youngblood, Assistant Director
Park&Recreation Department
Recommended by:
Richard Zavala
Richard Zavala(Dec 8,202016:30 CST)
Richard Zavala, Director
Park&Recreation Department
Approved as to Form &Legality:
Richards A.McCracken(Dec 10,2020 08:47 CST)
Richard A. McCracken
Sr. Assistant City Attorney
No M&C Required
Form 1295: N/A 444�na4
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or Ronald P.Gonzales(Dec rO,202013:20 CST)
Mary J. Kayser
City Secretary
OFFICIAL RECORD
CITY SECRETARY
ASSIGNMENT OF RESTAURANT AND CATERING SERVICES AGREEMENT FT.WORTH, TX
FOR THE FORT WORTH BOTANIC GARDEN
KELCHER ENTERTAINMENT
GROUP,LLC
�46
Erik J 5jolander fbec 8,202012:00 CST)
Erik J. Sjolander
Operating Partner
Date: Dec 8, 2020
BOTANICAL RESERCH INSTITUTE
OF TEXAS, INC.
C-dward I-, sdmwaer
Edward L.Schneider(Dec 8,202012:05 CST)
Edward Schneider
Executive Director
Date: Dec 8, 2020
OFFICIAL RECORD
ASSIGNMENT OF RESTAURANT AND CATERING SERVICES AGREEMENT CITY SECRETARY
FOR THE FORT WORTH BOTANIC GARDEN
FT.WORTH, TX