HomeMy WebLinkAboutMemo - Mail Packet - 12/7/2021 - Memorandum From Jim Mcdonald Re: Explanation Of Non-Compete Clause In Agreement With Butterfly Pavilion Regarding Butterfly House Operations At The Gardens On Spring Creek
The Gardens on Spring Creek
2145 Centre Avenue
Fort Collins, CO 80526
970-416-2486
DATE: November 30, 2021
TO: Mayor and Members of City Council
THROUGH: Kelly DiMartino, Interim City Manager
Kyle Stannert, Deputy City Manager
Seve Ghose, Community Services Director
FROM: Jim McDonald, Director of Cultural Services
RE: Explanation of Non-Compete Clause in Agreement with Butterfly Pavilion
Regarding Butterfly House Operations at the Gardens on Spring Creek
At First Reading of Ordinance No. 160, 2021 on November 16, 2021 regarding the proposed
agreement with Butterfly Pavilion for Butterfly House operations, a Councilmember asked
whether the non-compete provision in the agreement will expire after five years, or whether the
City would have to renew the agreement for another five years in order for the non-compete
provision to terminate. This memo is to confirm that the agreement s non-compete provision will
terminate after the initial five-year term of the new agreement regardless of whether the City
chooses to renew for the second five-year term of the agreement.
Staff reviewed the proposed non-compete language and found it could be misinterpreted. After
further discussion with the Butterfly Pavilion the language has been clarified, and the parties
agree on the circumstances in which the non-compete provision will terminate.
The relationship between the City and Butterfly Pavilion has been very positive and productive
under the previous agreement, and City staff expects it is very likely that the City will want to
renew this new agreement at the end of the first five-year term.
cc: Michelle Provaznik, Executive Director, The Gardens on Spring Creek
Gerry Paul, Purchasing Director
Ingrid Decker, Senior Assistant City Attorney