Board of Directors Regular Meeting Agenda


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Meeting Date: 09/20/2018  

SUBJECT MATTER:
Receive. consider and act upon a Second Amended and Restated Host Venue Sponsorship Agreement for The Woodlands Waterway Arts Festival (C-2012-4695A2);
FISCAL IMPACT:
Under the terms of the Host Venue Sponsorship Agreement with The Woodlands Waterway Arts Council and the proposed Second Amendment,  The Woodlands Township provides the venue sites for the Woodlands Waterway Arts Festival of Town Green Park for seven days including set-up and tear-down, and for Waterway Square, if needed, meeting room space at Town Hall for Board and planning meetings and, new in the Second Amendment, the use of the Ice Rink at The Woodlands Township Center for two days - subject to the terms of the Project Development and Joint use Agreement between The Center for the Performing Arts at The Woodlands and The Woodlands Township.  

In addition, the Township has the trash and recycling that is collected by the Council during the event removed from the venue(s) at the conclusion of the event, and assists in the promotion of the event.  The value of the waived park reservation fees and special event permit fees, use of the ice rink, cost for the trash removal, streetlight banner installation fees and meeting room fees is $34,875.00. In exchange, the Township is recognized with a sponsorship package consisting of exposition booth space and logo placement on printed materials and on web pages. The economic impact of the Festival to the Township was estimated to be $1,279,000 in WWAF spending; $270,300 in hotel impact; $2,173,000 spent in restaurants & shops; and, $4,531,000 in art sales.  The Festival is a sales tax and hotel tax generator and an economic benefit to the community.
BACKGROUND:
 In February 2018, the Board of Directors approved the First Amended and Restated Host Venue Sponsorship Agreement with The Woodlands Arts Council (TWAC) for the Waterway Arts Festival that provides the use of Township facilities/venues for the Festival for the next five years (Attachment A). 

The Woodlands Arts Council has now requested the use of the Township's / Cynthia Woods Mitchell Pavilion (CWMP) Ice Rink/Event Center as an additional venue for the Arts Festival, specifically to conduct the Art Dash portion of the Festival (Attachment B).

Pursuant to Section 11 of the Project Development and Joint use Agreement between The Center for the Performing Arts at The Woodlands and The Woodlands Township (Attachment B),  the Township has, except as otherwise mutually agreed, exclusive rights of possession, occupancy and use of the facility from November 15 until the next following March 15 of each calendar year for operation as an ice rink or for other "dry floor" Township or Township sponsored community events.   The Township's exclusive right of use is subject to interruption by CWMP for certain performing or cultural arts events provided the Township is provided with written notice of such scheduled event at least sixty (60) days in advance of such scheduled event.  The Township is not obligated to remove any ice, seating or furnishings related to the Township's use to accommodate CWMP's use. 

Similarly equal, the Pavilion's exclusive right to the use of the facility is subject to interruption by the Township for up to twelve (12) calendar days per calendar year for holding one or more dry floor Township or Township sponsored community event(s), but only if (i) the Township shall have provided CWMP with written notice of the date of any such Township event at least thirty (30) days in advance of the date of such event and (ii) CWMP shall have no event scheduled within twelve (12) hours before or after the days(s) of such proposed Township event. 


A Second Amended and Restated Host Venue Sponsorship Agreement has been prepared that includes the Ice Rink as a venue for the Festival, subject to the terms of the Project Development and Joint use Agreement between The Center for the Performing Arts at The Woodlands and The Woodlands Township (Attachment D).  

Upon approval of the Second Amended and Restated Host Venue Sponsorship Agreement, the President/General Manager will provide CWMP notice of the intent to use the facility for the 2019 Waterway Arts Festival Art Dash on April 11 and 12, 2019. 
RECOMMENDATION:
Approve the Second Amended and Restated Host Venue Sponsorship Agreement with The Woodlands Waterway Arts Council, Inc. and authorize the President/General Manager to execute the Agreement and provide notice of intent to The Center for the Performing Arts at The Woodlands as presented.
Attachments
Attachment A - First Amended and Restated Host Venue Sponsorship Agreement
Attachment B - TWAC Event Request
Attachment C - Ice Rink Porject Development Joint Use Agreement
Attachment D - Second Amended and restated Waterway Arts Festival Host Venue Sponsorship Agreement


    

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