STRATEGIC PRIORITY: Sustainable
AGENDA DATE: September 24, 2025
COUNCIL DISTRICT(S): 14
DEPARTMENT: Office of Bond and Construction Management
EXECUTIVE: Dev Rastogi
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SUBJECT
Title
Authorize the Fifth Amendment to the Use Agreement (“the Fifth Amendment”) between the City of Dallas and Dallas Center for the Performing Arts Foundation, Inc. (DCPAF) to enable the parties to undertake planning, design, construction, renovation, repair, replacement, and/or improvements to the Center, as further described in the Fifth Amendment - Financing: No cost consideration to the City
Body
BACKGROUND
Since 2009, the DCPAF has been instrumental in helping complete the vision behind the creation of the Dallas Arts District, which has proved to be a cultural incubator, transformative economic and cultural tourism driver, helping attract corporate relocations, a generator of tax revenue, and is now recognized as one of the top arts and cultural Districts in the United States. DCPAF oversees four cultural facilities for the City: Annette Strauss Square, AT&T Performing Arts Center Campus, Winspear Opera House and Wyly Theatre.
On October 19, 2024, DCPAF celebrated its 15th Anniversary of serving the community by supporting DCPAF’s five resident companies and presenting partners, which all combined, present a diverse range of arts and cultural programming that draws over 350,000-400,000 visits a year from both Dallas residents and cultural tourists to its iconic venues and campus, including 25,000-30,000 Dallas students and families yearly through arts education and community programs on its campus and across the community.
The 2024 Bond Program’s Cultural Arts Facilities proposition approved by voters on May 4, 2024. The Office of Bond and Construction Management on August 21, 2024 recommended a $13,078,381 allocation for the benefit of the Center.
This resolution authorizes a Fifth Amendment between the City and DCPAF to undertake planning, design, construction, renovation, repair, replacement, and/or improvements to the Center utilizing 2024 bond funds, as recommended by the Office of Bond and Construction Management and listed and described on Attachments I and II, respectively.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On September 28, 2005, Resolution No. 05-2859 authorized the Performing Arts Center Development and Use Agreements with (the “Development Agreement” and the “Use Agreement”) DCPAF development.
On October 8, 2008, Resolution No. 08-2793 authorized the First Amendment to the Development Agreement with DCPAF for the design, construction and development of the Municipal Performance Hall underground parking garage and also authorized the First Amendment to the Use Agreement with DCPAF for the long-term possession, operation, maintenance and use of the Municipal Performance Hall (as defined in the Use Agreement and Development Agreement and the First Amendments thereto) underground parking garage.
On December 10, 2008, Resolution No. 08-3432 authorized the Second Amendment to the Development Agreement with DCPAF for the design and construction of the Annette Strauss Artist Square and also authorized the Second Amendment to the Use Agreement with DCPAF for the operation and use of the Annette Strauss Artist Square.
On October 26, 2016, Resolution 16-1750 authorized the Third Amendment to the Use Agreement with DCPAF for the promotion and support of nonprofit arts and cultural organizations.
On October 28, 2020, Resolution 20-1699 authorized the Fourth Amendment to the Use Agreement to revise the Booking Agreement (as defined in the Fourth Amendment) to incorporate annual scheduling agreement changes as set forth therein.
On February 14, 2024, through Council Resolution No. 24-0280, the City Council authorized Ordinance No. 32491, ordering a May 2024 Bond Election to fund a variety of capital improvement projects citywide.
On May 15, 2024, through Council Resolution No. 24-0695, the City Council approved and adopted the canvassing committee’s Bond Election, certifying the election results and declaring that a majority of voters supported all bond propositions, as set forth in Ordinance No. 32658.
On June 25, 2025 by Resolution 25-1055 the City Council authorized a construction services contract for one of the 2024 Bond Program Center Projects, namely the removal and replacement of two cooling towers at the Winspear Opera House utilizing a portion of the City’s Cultural and Performing Arts Facilities 2024 bond allocation of $13,078,381 in an amount not to exceed $1,108,969.
FISCAL INFORMATION
No cost consideration to the City.
OWNER/EXECUTIVE
Dallas Center for the Performing Arts Foundation, Inc. dba AT&T Performing Arts Center
Warren Tranquada, President and Chief Executive Officer