HomeMy WebLinkAbout23-121 - Amendment A - MMS Consultants, Inc - Foster Golf Course Restaurant Concecssion Agreement23-121(a)
Council Approval 12/15/25
CITY OF TUKWILA
CONTRACT ASSIGNMENT
CITY CLERK
6200 Southcenter Blvd.
Tukwila, WA 98188
Contract No.: 23-121
JASSIGNOR
MMS Consultants, Inc.
11820 SE 62nd St.
Bellevue, WA 98006
Effective Date:
January 1, 2026
.......SSIGNEE................ ...... _............... _._.__........w..._.......................................__..................
Cater 4 You, LLC
269 SW 415` St.
Renton, WA 98057
Assignment, Assumption, & Consent Agreement
For Contract No. 23-121
Foster Golf Course Restaurant Concession Agreement
This Assignment, Assumption, and Consent Agreement ("Agreement") for Contract No. 23-121 is
made and entered into by and among the City of Tukwila ("City"), MMS Consultants, Inc., a
Washington corporation ("Assignor"), and Cater 4 You, LLC, a Washington limited liability
company ("Assignee") (collectively, the City, Assignor, and Assignee are the "Parties") and is dated
and effective as of January 1, 2026 ("Effective Date").
RECITALS
A. City and Assignor entered into that certain Contract No. 23-121, dated June 28, 2023, which
is attached hereto as Exhibit A ("Contract");
B. Assignor desires to assign all its rights, obligations, and liabilities under the Contract
to Assignee;
C. Assignee desires to accept and assume all the rights, obligations, and liabilities of
Assignor under the Contract; and
D. City desires to consent to such assignment, acceptance, and assumption.
AGREEMENT
NOW THEREFORE, in consideration of the mutual covenants and agreements set forth herein and
fbr other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
Parties agree as set forth below:
1. ASSIGNMENT OF CONTRACT. As of the Effective Date, Assignor hereby conveys
and assigns to Assignee, its successors and assigns, all of Assignor's rights, title, and
interests in, to, and under the Contract. A copy of the Contract, with all modifications and
Page 1
B-7264-7289;1/ 13175.000001/}
CONTRACT NO. 23-121: ASSIGNMENT,
ASSUMPTION, & CONSENT AGREEMENT
amendments thereto, if any, is attached hereto as Exhibit A, and the entirety of the Contract
is expressly incorporated herein by reference.
2. ASSUMPTION OF CONTRACT. As of the Effective Date, Assignee hereby undertakes,
accepts, and assumes the assignment of the Contract and assumes all duties, liabilities, and
obligations of the Assignor under the Contract and covenants to perform and discharge the
same as the Assignee of the Assignor.
3. CONSENT TO ASSIGNMENT & ASSUMPTION. City hereby consents to the foregoing
assignment and assumption, which is effective as of the Effective Date. Notwithstanding the
foregoing, the Parties hereto agree that City shall be entitled to pursue claims accruing or
arising incident to the Contract on or before the Effective Date of this Agreement, and all its
rights and remedies related to such claims, for (a) payments of indemnity now or hereafter
due under the Contract from Assignor, and/or• (b) insurance payments or proceeds.
4. INSURANCE. City's consent to this Agreement is conditioned, in part, on Assignee's
compliance with the Contract's insurance requirements. Accordingly, prior to execution of
this Agreement, Assignee shall provide City with written confirmation that Assignee is in
full compliance with all applicable insurance requirements set forth in the Contract for the
remainder of the Contract term, Assignee shall provide written notice to the City in the
event Assignee makes any changes to or cancels any insurance required by the Contract
within five (5) days of making any such changes or cancellations. Assignee's failure to
maintain insurance in compliance with the Contract at any point during the remainder of the
Contract term shall constitute a material breach of the Contract and shall entitle City to all
applicable remedies.
5, NOTICES. Unless otherwise notified by Assignee, any notice to be provided pursuant
to the Contract shall be delivered to Assignee at the following address:
Attn: Edward Muna
269 SW 41'11 St.
Renton, WA 98057
Email: ed&i-naspikacom
BINDING EFFECT. All provisions, covenants, and agreements herein shall be binding
upon and inure to the benefit of, and be enforceable by or against, the Parties hereto and
their respective successors and assigns,
7. NO THIRD -PARTY BENEFICIARIES. This Agreement is solely for the benefit of the
Parties hereto and their respective successors and assigns, and no other person has any right,
benefit, priority, or interest under or because of the existence of this Agreement.
8. INTEGRATED AGREEMENT; MODIFICATION, This Agreement constitutes the entire
agreement and understanding of the Parties with respect to the Subject matter and supersedes
all prior negotiations and representations. This Agreement may not be modified except in
writing signed by the Parties.
9. AUTHORITY. Each party to this Agreement, and each individual signing on behalf of each
party, hereby represents and warrants to the other that it has full power and authority to enter
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CONTRACT NO. 23-121: ASSIGNMENT,
ASSUMPTION, & CONSENT AGREEMENT
Page 2
into this Agreement and that its execution, delivery, and performance of this Agreement
has been fully authorized and approved, and that no further approvals or consents
are required to bind such parry.
10. ELECTRONIC SIGNATURES. An electronic signature or electronic record of this
Amendment or any other ancillary agreement shall be deemed to have the same legal
effect as delivery of an original executed copy of this Amendment or such other
ancillary agreement for all purposes.
executed11. COUNTERPARTS. This Agreement may be in one or •re counterparts,of
which shall be deemed an original, and all of which counterparts together shall
constitute the same instrument which may be sufficiently• t by one •unter•
Executionof places by Parties
affect the validity thereof so long as all the Parties hereto execute a counterpart of
this a, •
EXECUTED AND EFFECTIVE as of the day and date first above written.
ASSIGNOR
MMS CONSULTANTS, INC.
A WASHINGTON CORPORATION
DocuSigned by:
By: Nb"_.5.'a�.________________
14F262D07015434...
Name: Manmohan Sharma
Title: Pres
Date: 12/16/202514:42 PM PST
{JBS4918-7264-7289;1/13175.000001/1
CONTRACT NO. 23-121: ASSIGNMENT,
ASSUMPTION, & CONSENT AGREEMENT
ASSIGNEE
CATER 4 YOU, LLC
A WASHINGTON LIMITED LIABILITY
COMPANY
igned by:
By:
Name: Ed Muna
Title: CEO
Date: 12/17/2025 111:54 AM PST
CITY OF TUKWILA
By:Fby:
IZA's hdma
8EE24380545B44C...
Name: Thomas McLeod
Title: Mayor
Date: 12/26/2025 10:23 AM PST
APPROVED AS TO FORM:
Signed by:
t d— S,, A
141
O ice o e i y Attorney
Page 3
ExHIBIT A
CONTRACT TO BE ASSIGNED
Foster Golf Course Restaurant Concession Agreement, June 28, 2023, Contract No. 23-121.
CONTRACT NO. 23-121: ASSIGNMENT, Page 4
ASSUMPTION, & CONSENT AGREEMENT