024 of 2021 - Utah Performing Arts Center Interlocal AgreementRESOLUTION NO. ______ of 2021
RESOLUTION OF THE SALT LAKE CITY COUNCIL APPROVING THE
EXECUTION OF THE SECOND AMENDMENT TO AN INTERLOCAL AGREEMENT
BETWEEN SALT LAKE CITY, THE REDEVELOPMENT AGENCY OF SALT LAKE
CITY AND UTAH PERFORMING ARTS CENTER AGENCY, FOR OPERATION OF
THE THEATER KNOWN AS THE GEORGE S. AND DOLORES DORÉ ECCLES
THEATER
WHEREAS, under Utah Code Ann. §§ 11-13-101, any two or more public agencies may
enter into agreements with one another for joint or cooperative action.
WHEREAS, Salt Lake County, Salt Lake City, the Redevelopment Agency of Salt Lake
City , and the Utah Performing Arts Center Agency (“UPACA”) an interlocal agency, desire to
enter into the Second Amendment to an Interlocal Cooperation Agreement (“ Agreement”),
attached and incorporated into this Resolution as Exhibit “A”, for the operation of the performing
arts venue to be known as the George S. and Dolores Doré Eccles Theater.
NOW, THEREFORE, BE IT RESOLVED by the Salt Lake City Council that the attached
Second Amendment between Salt Lake County, Salt Lake City, Redevelopment Agency of Salt
Lake City and UPACA is hereby ratified, effective June 30, 2021, and the Salt Lake City Mayor
is authorized to execute the same.
APPROVED and ADOPTED this ______ day of ____________, 2021.
SALT LAKE CITY COUNCIL
Amy Fowler, Council Char
ATTEST:
Cindy Lou Trishman, City Recorder
Approved as to form:
Katherine Lewis, City Attorney
24
20th July
Chair
Katherine Lewis (Aug 2, 2021 10:12 MDT)
Amy Fowler (Aug 11, 2021 17:42 MDT)
Cindy Trishman (Aug 12, 2021 07:46 MDT)
1
Salt Lake County Contract No. SG13517C
SECOND AMENDMENT
TO
OPERATING AGREEMENT
UTAH PERFORMING ARTS CENTER
THIS SECOND AMENDMENT TO OPERATING AGREEMENT (“Second Amendment”)
is effective as of June 30, 2021, by and between the Utah Performing Arts Center Agency, an interlocal
entity and political subdivision of the State of Utah (“Owner”), Salt Lake City Corporation, a Utah
municipal corporation (“City”), the Redevelopment Agency of Salt Lake City, a public agency
RDA”) and Salt Lake County, a body corporate and politic of the state of Utah (“County”, and/or
Operator”). Owner and Operator may be referred to individually as a “Party”, or collectively as the
Parties”.
R E C I T A L S
A. The Parties executed that certain Operating Agreement Utah Performing Arts Center
Operating Agreement”), with an effective date of March 19, 2013, which Operating Agreement is
identified as Salt Lake County Contract No. SG13517C and sets forth certain requirements for
Operator to operate the George S. and Dolores Doré Eccles Theater, formerly known as the Utah
Performing Arts Center (“Theater”), beginning on March 19, 2013, and ending on December 31,
2041.
B. Pursuant to Section 8.8 of the Operating Agreement, the Parties now wish to amend the
Operating Agreement to extend Operator’s operation and supervision of UPAC Site for an additional
five years.
AGREEMENT
THEREFORE, for good and valuable consideration, the Parties agree as follows:
1. The Parties agree to renew Amendment 1, covering Operator’s operation of UPAC Site
for an additional five-year term from the Effective Date of Amendment 1. The Parties acknowledge
the Effective Date of Amendment 1 is June 30, 2016, therefore this renewal shall be effective June 30,
2021, and end June 30, 2026.
2. Amendment. All Parts, Paragraphs, Attachments and other provisions of the
Agreement and any prior amendments thereof not specifically modified by this amendment shall be
the same and remain in full force and effect.
SIGNATURE PAGES FOLLOW]
IN WITNESS WHEREOF, Owner, Operator, City and RDA have executed this Second
Amendment to be effective as of the Effective Date.
OPERATOR:
SALT LAKE COUNTY, a body corporate and politic
of the State of Utah
By: _________________ _ Its: Mayor or Designee
Print Name: _______________ _
County, by resolution of its County Council, a copy of which is attached hereto, caused this Second
Amendment to Operating Agreement be signed by the Mayor, or her designee.
Approved As To Form
Deputy District Attorney
H:\share\CW ANGSGARD\Arts & Culture\UPAC\Operating Agreement\Amendment2\Second Amendment to UPACA Ops Agreement (7.06.21 ).docx
2
IN WITNESS WHEREOF, Owner, Operator, City and RDA have executed this Second
Amendment to be effective as of the Effective Date.
Approved as to legal form:
Attorney for Salt Lake County
Craig Wangsgard, Deputy District Attorney
Approved as to legal form:
Attorney for Salt Lake City
_______ , Senior City Attorney
Approved as to legal form:
Attorney for Redevelopment Agency
_______ , Senior City Attorney
OWNER:
UTAH PERFORMING ARTS CENTER AGENCY, an
interlocal agency of the State of Utah
By: _____________ _
Its: ------------------Date:
Owner, by resolution duly adopted by its Board, a copy of which is attached hereto, caused this
Agreement to be signed by its __________ _
3
4
IN WITNESS WHEREOF, Owner, Operator, City and RDA have executed this Second
Amendment to be effective as of the Effective Date.
CITY:
SALT LAKE CITY CORPORATION, a Utah
municipal corporation
Erin Mendenhall
Mayor
ATTEST:
City Recorder
Approved as to legal form:
Salt Lake City Attorney’s Office
Senior City Attorney
City, by resolution duly adopted by its City Council, a copy of which is attached hereto, caused this
Second Amendment to Operating Agreement to be signed by its Mayor and attested by its City
Recorder.
5
IN WITNESS WHEREOF, Owner, Operator, City and RDA have executed this Second
Amendment to be effective as of the Effective Date.
RDA:
REDEVELOPMENT AGENCY OF
SALT LAKE CITY, a public agency
Erin Mendenhall
Executive Director
Approved as to legal form:
Salt Lake City Attorney’s Office
Senior City Attorney
RDA, by resolution duly adopted by its Board, a copy of which is attached hereto, caused this
Agreement to be signed by its Executive Director, and approved as to legal form by its legal counsel.
Resolution 24 of 2021 - Utah Performing Arts
Center Interlocal Agreement
Final Audit Report 2021-08-12
Created:2021-07-30
By:Thais Stewart (thais.stewart@slcgov.com)
Status:Signed
Transaction ID:CBJCHBCAABAAaII5a8gtArwoXPf6ZBkNwW5P-MlNV4la
"Resolution 24 of 2021 - Utah Performing Arts Center Interlocal
Agreement" History
Document created by Thais Stewart (thais.stewart@slcgov.com)
2021-07-30 - 5:07:11 PM GMT- IP address: 204.124.13.222
Document emailed to Katherine Lewis (katherine.lewis@slcgov.com) for signature
2021-07-30 - 5:12:46 PM GMT
Email viewed by Katherine Lewis (katherine.lewis@slcgov.com)
2021-08-02 - 4:11:42 PM GMT- IP address: 136.36.116.126
Document e-signed by Katherine Lewis (katherine.lewis@slcgov.com)
Signature Date: 2021-08-02 - 4:12:01 PM GMT - Time Source: server- IP address: 136.36.116.126
Document emailed to Amy Fowler (amy.fowler@slcgov.com) for signature
2021-08-02 - 4:12:03 PM GMT
Email viewed by Amy Fowler (amy.fowler@slcgov.com)
2021-08-02 - 6:25:34 PM GMT- IP address: 107.115.41.133
Email viewed by Amy Fowler (amy.fowler@slcgov.com)
2021-08-11 - 11:42:28 PM GMT- IP address: 73.63.26.198
Document e-signed by Amy Fowler (amy.fowler@slcgov.com)
Signature Date: 2021-08-11 - 11:42:35 PM GMT - Time Source: server- IP address: 73.63.26.198
Document emailed to Cindy Trishman (cindy.trishman@slcgov.com) for signature
2021-08-11 - 11:42:37 PM GMT
Document e-signed by Cindy Trishman (cindy.trishman@slcgov.com)
Signature Date: 2021-08-12 - 1:46:24 PM GMT - Time Source: server- IP address: 204.124.13.151
Agreement completed.
2021-08-12 - 1:46:24 PM GMT