HomeMy WebLinkAboutContract 52442-CA1 CSC No. 52442-CAI
ASSIGNMENT OF LICENSE AGREEMENT
FOR CONCERTS IN THE GARDEN
(CITY SECRETARY CONTRACT NO. 52442)
This ASSIGNMENT OF LICENSE AGREEMENT FOR CONCERTS IN THE
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, the
Fort Worth Symphony Orchestra Association("FWSOA"),a Texas non-profit corporation,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,for approximately the past twenty-eight years,the City and the FWSOA have
held the Fort Worth Concerts in the Garden series consisting of performances by the FWSOA and
other artists at the Fort Worth Botanic Garden("CITG");
WHEREAS, effective January 1, 2019, the City and the FWSOA entered into an new
agreement for the CITG, City Secretary Contract Number 52442 ("Agreement");
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");
WHEREAS, the City, the FWSOA and BRIT desire for the Agreement to be assigned by
the City to BRIT in order for BRIT to manage the CITG on behalf of the City pursuant to the
Management Agreement; and
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, the City, the FWSOA, and BRIT agree as follows:
1. The City assigns to BRIT all of the City's rights, title, and interest under the
Agreement effective September 30, 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. The FWSOA consents to the assignment of the Agreement expressly upon the
promise and covenant by BRIT, and BRIT promises and covenants to the City and
the FWSOA, 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 the FWSOA and BRIT, or grant BRIT any rights greater
OFFICIAL RECORD
ASSIGNMENT OF LICENSE AGREEMENT CITY SECRETARY
FOR CONCERTS IN THE GARDEN FT.WORTH,TX
than those granted to the City under the Agreement.
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 City 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, the FWSOA, BRIT agree that on and after the Effective Date all
references in the Agreement to the Garden Director and all references to the
Director of the Park and Recreation Department shall mean the Executive Director
of BRIT, or the Executive Director's designee. The City, the FWSOA and BRIT
further agree that on and after the Effective Date, the indemnity and liability
protections the FWSOA provides to City in the Agreement (Section 15 of the
Agreement) shall be provided to and protect both the City and BRIT.
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ASSIGNMENT OF LICENSE AGREEMENT Page 2 of 4
FOR CONCERTS IN THE GARDEN
IN WITNESS WHEREOF, the undersigned have executed this Consent to be effective
on September 30, 2020.
Contract Compliance Manager:
CITY OF FORT WORTH By signing, I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including all
Dana Burghdoff(D 31,202 1 :09 CST) performance and reporting requirements.
Dana Burghdoff
Assistant City Manager
Dec 31 2020 Sandra Youn o (Dec30,202007:27CST)
Date: Sandra Youngblood, Assistant Director
Park&Recreation Department
Recommended by:
Richard Zavala, Director
Park&Recreation Department
Approved as to Form &Legality:
Richards A.McCracken(Dec 31,202016:08 CST)
Richard A. McCracken
Sr. Assistant City Attorney
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No M&C Required
Form 1295: N/A
OFFICIAL RECORD
ASSIGNMENT OF LICENSE AGREEMENT CITY SECRETARY
FOR CONCERTS IN THE GARDEN FT.WORTH,TX
FORT WORTH SYMPHONY
ORCHESTRA ASSOCIATION
Kei-th Cerny
Keith Cerny(Dec 36,2020 08:35 MST)
Keith Cerny, Ph.D.
President and CEO
Date:
Dec 30, 2020
BOTANICAL RESERCH INSTITUTE
OF TEXAS, INC.
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Edward L.Schneider(Dec 30,2020 09:42 CST)
Edward Schneider
Executive Director
Date:
Dec 30, 2020
ASSIGNMENT OF LICENSE AGREEMENT OFFICIAL RECORD
FOR CONCERTS IN THE GARDEN
CITY SECRETARY
FT.WORTH,TX