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041 of 2011 - authorizing approving an interlocal agreement with the Redevelopment Agency of Salt Lake City and th R 11-1 • C 11-732 JOINT RESOLUTION NO. 41 OF 2011 (Utah Performing Arts Center) A joint resolution of the City Council and the Mayor approving an Interlocal Agreement with the Redevelopment Agency of Salt Lake City and the Board of Education of Salt Lake City School District to authorize use of a portion of tax increment to support the Utah Performing Arts Center and infrastructure and development activities related to the establishment of a cultural core. WHEREAS,the Redevelopment Agency of Salt Lake City(the "RDA") proposes to create a Community Development Project Area(the"CDA")to capture tax increment from Block 70 to support the development of a regional performing arts theater and ancillary facilities(the "Theater") on Block 70 and activities related to the establishment of a cultural core; and WHEREAS,the CDA boundaries would include the area described on Exhibit A attached hereto (the"Proposed Project Area"), that is generally all of Block 70 in downtown Salt Lake City from Main Street to State Street and from 200 South to 100 South; and WHEREAS,the Central Business District Project Area Plan adopted by the RDA does not allow for the collection of tax increment from the properties in Block 70; and WHEREAS, construction of the Theater will facilitate private development on Block 70 through the construction of an office tower and other mixed-use projects; and WHEREAS, in 2005, a feasibility study commissioned by the RDA,the Downtown Alliance, and Salt Lake County identified the need and potential for a touring Broadway theater; and WHEREAS, in 2011,the development team of GTS/Hamilton Partners issued a feasibility report demonstrating the economic development benefits and financial viability of a touring Broadway Theater on Block 70; and WHEREAS,the creation of the CDA will capture increased property taxes from the proposed private development and assist with the repayment of bonds issued to construct the Theater; and WHEREAS,the Theater and private development will activate and revitalize Main Street between First South and Second South and leverage the economic impact of City Creek Center, the Gateway,222 South Main, and other recent developments; and WHEREAS,the Theater will create educational opportunities and cultural enriclunent statewide, and introduce and attract new and broader audiences to the downtown cultural core;and WHEREAS,the Salt Lake City Downtown Master Plan calls for the expansion of downtown arts, cultural,and entertaimnent activities and the creation of a theater district; and WHEREAS,the anticipated cost of constructing the Theater,based on the preliminary program and cost estimates, is approximately$100 million to $120 million depending on options;and WHEREAS,the Theater and its associated facilities and infrastructure will help to activate Regent Street as a vibrant, inviting mid-block retail street connecting City Creek Center to the Gallivan Center; and WHEREAS,the Theater, its associated facilities, and infrastructure improvements on the block will promote the redevelopment of Block 70; and WHEREAS,the City is considering issuing sales tax revenue bonds(the"City's Bond"),the proceeds of which would be used to finance a portion of the costs associated with the Theater; and WHEREAS,pursuant to Chapter 4, Community Development, of Title 17C of the Utah Code (the"Act"),the RDA may approve a Community Development Project Area Plan (the"Plan") for the purpose of supporting community development within a designated project area; and WHEREAS,the Proposed Project Area is generally ready for redevelopment and, if the Theater is constructed, it is likely that commercial and other development will occur, which will benefit the community by creating additional opportunities and by increasing the tax base; and WHEREAS,the RDA's adoption of a community development project area plan for the Proposed Project Area for the purpose of stimulating commercial development within the Proposed Project Area, including without limitation by use of tax increment created within such area as a result of the economic development stimulated by the construction of the Theater, and for the other enumerated purposes,may satisfy a public purpose, provide public benefits, be economically sound and feasible, conform to the City's General Plan, and promote the public health, safety, and welfare of the City; and WHEREAS,the Board of Education of Salt Lake City School District(the"District") has approved the use of its tax increment from the Proposed Project Area to support the Theater and development activities related to the establishment of a cultural core in accordance with the Act; and WHEREAS, in the event that the RDA approves the Plan,the RDA will desire to enter into an interlocal agreement with the City and the District pursuant to which the City and the District will each consent to the RDA being paid a portion of its share of the tax increment from the Proposed Project Area; and WHEREAS, in the event that the RDA and/or City do not approve the Plan, the Interlocal Agreement with the City and District will be void. NOW THEREFORE BE IT RESOLVED, by the City Council and the Mayor of Salt Lake City, that: I. The City Council hereby approves the use of a portion of the City's tax increment fiom the Proposed Project Area to support the Theater and development activities related to the establishment of a cultural core in accordance with the Act. 2. The City Council hereby authorizes and directs the Mayor to negotiate and execute an interlocal agreement among the RDA,the City, and the District substantially in accordance with the form of Interlocal Agreement attached hereto as Exhibit A,with such modifications and additions as such officers shall approve as necessary or appropriate. DATED this '1st day of Nov. ,2011. Passed by the City Council of Salt Lake City,Utah, this 1st day of, Nov. , 2011. 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