Jacksonville plans to rename its performing arts center. The Times-Union says it still holds those rights.

The city of Jacksonville has begun removing the Times-Union's name from parts of the downtown performing arts center’s building and website in its bid to resell the naming rights to the three-theater entertainment venue christened the Times-Union Center for the Performing Arts a quarter-century ago.

The newspaper, though, said it still holds the naming rights to the center and that the city has no right to resell them.

The question that must be answered is whether those naming rights secured with a $3 million gift in 1994 had an expiration date, or whether they were "in perpetuity."

That’s when The Times-Union, under then-owner, Augusta, Ga.-based Morris Communications, bought the naming rights to the riverfront entertainment complex for what the newspaper’s current owner, its publisher in 1994 and a top city official at the time say was “in perpetuity.”

After workers were recently seen removing the Times-Union's name from the center’s portico, Brian Hughes, Jacksonville's chief administrative officer, told the Times-Union the question of selling the naming rights first came up four years ago when the city was negotiating to put VyStar's name on Veterans Memorial Arena. That's when the city realized that a new naming rights deal for the riverfront performing arts center was long overdue, Hughes said.

While a permanent sign retains the Times-Union name, a digital sign shows a new name for Jacksonville's performing arts center, which has been known as the Times-Union center since its opening in 1997.
While a permanent sign retains the Times-Union name, a digital sign shows a new name for Jacksonville's performing arts center, which has been known as the Times-Union center since its opening in 1997.

Most naming rights deals are for a limited term and require annual payments, he said. That gives a revenue stream to the owner of the facility for upgrades and repairs. City-owned facilities that have naming rights deals include TIAA Bank Field, VyStar Veterans Memorial Arena and 121 Financial Ballpark.

Hughes said the city approached GateHouse Media, which purchased the Times-Union in 2017, but the company was not interested in paying to continue the deal. Gannett Co., the paper's current owner, also passed, he said.

"This was done early in the mayor’s term and was done 'lawyer to lawyer,'" said Nikki Kimbleton, director of communication/public affairs for the city. "Our representatives in [the Office of General Council] spoke to lawyers representing the ownership of TU at the time and were told that they were unaware of any previous contract and that there was no renewed interest."

The Times-Union Center for the Performing Arts is shown before its opening in 1997 in downtown Jacksonville.
The Times-Union Center for the Performing Arts is shown before its opening in 1997 in downtown Jacksonville.

Gannett, however, maintains that the paper still holds the naming rights.

"Gannett maintains that the official name of Jacksonville's performance center is and remains the Times-Union Center for the Performing Arts, and that such naming rights were granted in perpetuity based on the sizable fee paid in 1994," said Bernie Szachara, president of Gannett U.S. publishing operations. "We strongly refute the baseless claim that the city has the ability to re-sell the naming rights. We have a proud longstanding legacy with the performing arts center and are optimistic we will arrive at an amicable solution with the city."

The Times-Union has requested from the city and the symphony documentation surrounding the naming rights, including the names of any of the newspaper company’s personnel or its representatives the city approached about potentially renewing a naming rights agreement.

Former publisher Cannon, city official Delaney say deal was permanent

Carl Cannon, then publisher of the Florida Times-Union, poses in front of the columns in the lobby of the Times-Union Center for the Performing Arts before its opening in early 1997.
Carl Cannon, then publisher of the Florida Times-Union, poses in front of the columns in the lobby of the Times-Union Center for the Performing Arts before its opening in early 1997.

Although there are some discrepancies amid their recollections about the deal struck nearly three decades ago, both Carl Cannon, who was publisher of the Times-Union at the time, and John Delaney, who was Mayor Ed Austin's chief of staff and general counsel, said they do not recall any expiration date on the deal.

"My memory was that it was in perpetuity," Delaney said. "The mindset of those things changed really with the NFL, that you would temporarily name stadium and arenas. But that wasn’t the thinking at the time. I remember a few years ago looking back and thinking that was a pretty good deal for three million bucks."

Cannon said he doesn't remember the specifics of the deal. "Only that we considered it to be in perpetuity," he said.

In a special section marking the opening of the center in February of 1997, Cannon called it a direct gift to the symphony association, which was handling fundraising for the venue.

The deal might have been between the newspaper and the Jacksonville Symphony. The city owns the venue but passed an ordinance in 1994 permitting the symphony to name the venue and each of the halls inside. The ordinance waives a previous rule against naming facilities after living people and states that alcohol and tobacco companies cannot be named as sponsors, but it does not address details of the naming rights, including specific names or the duration of the deal.

Jim and Jan Moran of Boca Raton paid $2 million to put their name on the venue's large performance hall, now known as the Moran Theater; Robert E. Jacoby of Ponte Vedra Beach paid $2.5 million for naming rights to the Jacoby Symphony Hall; and C. Herman and Mary Virginia Terry paid an undisclosed amount to name the smaller Terry Theater.

In 2014, Courtney Lewis was named new music director for the Jacksonville Symphony Orchestra. He is photographed in the Jacoby Symphony Hall at the Times-Union Center for the Performing Arts Wednesday, May 28, 2014 in Jacksonville, Florida.
In 2014, Courtney Lewis was named new music director for the Jacksonville Symphony Orchestra. He is photographed in the Jacoby Symphony Hall at the Times-Union Center for the Performing Arts Wednesday, May 28, 2014 in Jacksonville, Florida.

In a statement, Steven Libman, president and CEO of the symphony, said those names on those venues would not change.

The permanency of the Times-Union's naming rights deal was reported outside of Jacksonville, including at the time by The (Raleigh, N.C.) News & Observer, and later, the Orlando Sentinel.

With potential name change to Times-Union center comes additional costs

Hughes said the city has been working with ASM Global, the company that manages most city-owned entertainment venues, to find a new sponsor for the performing arts center. The Jacksonville Symphony, which has offices in the building, he said, retains the rights to name the venue's three performing spaces: the 2,900-seat Moran Theater, the 600-seat Terry Theater and Jacoby Symphony Hall.

Hughes said the cost associated with changing the name would be about $30,000-$40,000. "Which is real money, but in the grand scheme of things, it will be made back many times over."

Libman said there would be some costs involved in changing the name, in print material and on the symphony website. But the important thing is making sure people still associate the venue with the symphony.

“ 'Times-Union Center for the Performing Arts' has always been closely associated with 'Jacksonville Symphony' in the minds of our community members for nearly 30 years, so we expect there to be some confusion, but will certainly work diligently to minimize the impact to our patrons and community," he said.

As of Friday, a sign with the Times-Union Center name still appeared outside of the center. The venue's website address is still timesunioncenter.com, but the logo on the site refers to it as the Jacksonville Center for the Performing Arts. The symphony's website also still refers to the venue as the Times-Union Center.

The center is one of the city's busiest venues, hosting performances by the symphony, touring music and comedy concerts and most of the FSCJ Artist Series shows. This weekend, Jay Leno performed in the Moran Theater and the symphony played a pair of "Classic Broadway" performances in the Jacoby Symphony Hall. More than 70 events are currently booked at the center.

This article originally appeared on Florida Times-Union: Times-Union Center: Does newspaper hold naming rights 'in perpetuity'?