STRATEGIC PRIORITY: Quality of Life
AGENDA DATE: October 28, 2020
COUNCIL DISTRICT(S): 14
DEPARTMENT: Office of Arts and Culture
EXECUTIVE: Joey Zapata
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SUBJECT
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Authorize the Fourth Amendment to the Performing Arts Center Use Agreement with the Dallas Center for the Performing Arts Foundation, Inc., to incorporate a revised Booking Rights Agreement, as jointly negotiated with the Dallas Symphony Association, Inc. and the Dallas Center for the Performing Arts Foundation, Inc. - Financing: No cost consideration to the City
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BACKGROUND
The Annette Strauss Artists Square (Strauss Square) is an outdoor performance facility managed by the Dallas Center for the Performing Arts Foundation (“DCPAF”) d/b/a AT&T Performing Arts Center. Strauss Square is immediately adjacent to the Morton H. Meyerson Symphony Center (Meyerson), which is managed by the Dallas Symphony Association (“DSA”). Strauss Square’s design, construction, operation and use were authorized in 2008 by the Second Amendment to the Performing Arts Center Development Agreement with DCPAF. The Second Amendment also included administrative controls in the form of a Booking Rights Agreement to address the possible sound impact of Strauss Square on the Meyerson. The Booking Rights Agreement was developed by the City in conjunction with both the DSA and DCPAF, and was a jointly negotiated plan for scheduling at the Meyerson and at Strauss Square.
In 2009, the same Booking Rights was made part of the Meyerson Symphony Center Use Agreement with the DSA through the Fourth Amendment. The 2019 amended and restated lease agreement for the Meyerson with the DSA incorporated the same Booking Rights Agreement.
As documented in the Office of the City Auditor’s Audit of Business Partners Oversight - Arts District (Report No. A17-010), the current use agreements do not allow for full utilization of the Annette Strauss Square. The leadership of the DSA and DCPAF have entered into a Memorandum of Understanding (“MOU”) related to the Strauss Square Booking, and wish to amend their contracts with the City to reflect this Memorandum of Understanding via the revised Booking Rights Agreement. This revised Booking Rights Agreement will allow for greater utilization of the Strauss Square through a booking process that serves the interests of the City as well as the DSA and DCPAF.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On December 10, 2008, City Council authorized the Second Amendment to the Performing Arts Center Development Agreement with DCPAF, which included, in part, authorization for the operation and use of Strauss Square and the Booking Rights Agreement, by Resolution No. 08-3432.
FISCAL INFORMATION
No cost consideration to the City.