R-002-2018 - Interlocal Agreement; Tax increment to support the implementation of the Northwest Quadrant CommunitR 18-2
REDEVELOPMENT AGENCY OF SALT LAKE CITY
RESOLUTION NO. R-2-2018
Interlocal Agreement Authorizing Use of a Portion of Tax Increment to Support the
Implementation of the Northwest Quadrant Community Reinvestment Area Plan
RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY
OF SALT LAKE CITY ADOPTING AN INTERLOCAL AGREEMENT AUTHORIZING USE
OF A PORTION OF TAX INCREMENT TO SUPPORT THE IMPLEMENTATION OF THE
NORTHWEST QUADRANT COMMUNITY REINVESTMENT AREA PLAN
WHEREAS, pursuant to Chapter 5, Community Reinvestment, of Title 17C of the Utah
Code (the "Act"), the RDA may approve a Community Reinvestment Project Area Plan ("CRA
Plan") for the purpose of supporting community revitalization within a designated project area.
WHEREAS, the Board of Directors of the Redevelopment Agency of Salt Lake City (the
"RDA") has approved the Northwest Quadrant Community Reinvestment Area ("Project Area")
to facilitate the capture of tax increment within the boundaries of the Project Area which is further
depicted in Exhibit A.
WHEREAS, tax increment will be utilized to carry out community reinvestment activity
that will catalyze private development within the Project Area.
WHEREAS, tax increment funds and private development will generate economic growth
and create employment opportunities.
WHEREAS, the Northwest Quadrant Master Plan calls for the area to be an ecologically -
oriented industrial park that is an economic engine for the city, region, and state.
WHEREAS, Salt Lake City Corporation (the "City") is considering approving the use of
its tax increment from the Project Area to support the community revitalization activities in
accordance with the Act.
WHEREAS, the RDA desires to execute an interlocal agreement with the City in which
the City will consent to the RDA being paid its share of the tax increment from the Project Area.
THEREFORE, BE IT RESOLVED by the Board of Directors of the Redevelopment Agency of
Salt Lake City:
1. It does hereby approve the execution and delivery of the following:
AN INTERLOCAL COOPERATION AGREEMENT BETWEEN SALT LAKE CITY
CORPORATION AND THE REDEVELOPMENT AGENCY OF SALT LAKE CITY
[NORTHWEST QUADRANT PROJECT AREA TAX INCREMENT], EFFECTIVE ON
THE DATE IT IS SIGNED BY ALL PARTIES.
2. Jacqueline M. Biskupski, Executive Director of the Redevelopment Agency of Salt Lake
City or her designee is hereby authorized to approve, execute, and deliver said agreement
on behalf of the Redevelopment Agency of Salt Lake City, in substantially the same form
as now before the Redevelopment Agency of Salt Lake City Board of Directors and
attached hereto as Exhibit B, subject to such minor changes that do not materially affect
the rights and obligations of the Redevelopment Agency thereunder and as shall be
approved by the Executive Director, her execution thereof to constitute conclusive
evidence of such approval.
Passed bythe Board of s of the Rec�evelo ment Agency of Salt Lake City, this
Direct P g Y Y
9th day of Jan„2018 A
Derek Kitchen
, Chairperson
Transmitted to the Executive Director on January 10, 2018
The Executive Director:
does not request reconsideration
requests reconsideration at the next regular Agency meeting.
Approved as to form:
Attest:
City Recorder
/lf
p
Jacqueline M. Biskupski, Executive Director
q
Salt Lake City Attorney's Office
Katherine N. Lewis
HB ATTY-#66291-v1-Resolution NWQ_Tax_Increment Interlocal.docx
EXHIBIT A
[Attach Depiction of Project Area]
Northwest Quadrant Community Reinvestment Area Boundary
Legal Description
Beginning at a point on the existing Salt Lake City boundary which is the Northwest Corner of
Section 17, Township 1 North, Range 2 West, Salt Lake Base and Meridian, and running thence
along the existing Salt Lake City boundary the following 18 courses: 1) N89°54'36"E 2637.89 feet
to the N1/4 Corner of said Section 17; 2) N89°53'20"E 2640.05 feet to the NE Corner of said
Section 17; 3) S89°48'47"E 2640.69 feet to the N1/4 Corner of Section 16 said Township; 4)
N00°26'13"E 1320.23 feet to the W1/4 Corner of the SE1/4 of Section 9 said Township; 5)
S89°48'47"E 2625.84 feet to the E1/4 Corner of the SE1/4 of said Section 9; 6) S00°24'42"W
1320.23 feet to the NE Corner of said Section 16; 7) S00°24'42"W 2650.57 feet to the E1/4 Corner
of said Section 16; 8) S00°26'25"W 1325.15 feet to the W1/4 Corner of the SW1/4 of Section 15;
9) S89°50'13"E 1322.93 feet to the Center of the SW1/4 of said Section 15; 10) N00°23'04"E
2648.09 feet to the Center of the NW1/4 of said Section 15; 11) S89°44'08"E 3963.23 feet to the
E1/4 Corner of the NE1/4 of said Section 15; 12) S89°47'29"E 1317.60 feet to the Center of the
NW1/4 of Section 14 said Township; 13) S00°15'30"W 3961.12 feet to the S1/4 Comer of the
SW1/4 of said Section 14; 14) S89°47'29"E 1317.60 feet to the S1/4 Comer of said Section 14;
15) S00°13'53"W 1320.92 feet to the E1/4 Corner of the NW1/4 Section 23 said Township; 16)
S89°46'07"E 1320.22 feet to the Center of the NE1/4 of said Section 23; 17) S00° 13'54"W 2643.89
feet to the Center of the SE1/4 of said Section 23; 18) S44°44'23"E 1868.01 feet to the SE Comer
of said Section 23; thence along the east line of Section 26 said Township SOO°20'01"W 3991.93
feet to the north line of John Cannon Drive; thence along the north line of John Cannon Drive
S89°47'45"E 44.00 feet to the projected east line of 5600 West; thence along the east line of 5600
West S00°20'07"W 1284.30 feet to the south line of Section 25 said township; thence along the
south lines of said Section 25 and 26 N89°47'25"W 774.13 feet to the Southwest Corner of Watkins
Industrial Park Subdivision as recorded in Book 2003P, Page 162 of Subdivisions, in the Salt Lake
County Recorder's Office; thence along the south line of said Section 26 N89°47'24"W 2937.61
feet; thence S00°11'54"W 99.14 feet to the Northeast Corner of Parcel 07-35-100-016; thence
along said parcel the following 6 courses: 1) N89°46'53"W 1609.45 feet; 2) N89°50'44"W 2642.88
feet; 3) N89°50'20"W 2644.04 feet; 4) N89°44'53"W 1317.05 feet; 5) S00°13'52"W 2541.25 feet;
6) S00°14'20"W 1723.95 feet to the north line of the I-80 right-of-way and an 1849.86 foot radius
non -tangent curve to the right; thence along said north line and said curve 63.56 feet (chord bears
S71°02'20"W 63.56 feet); thence along said north line N89°47'45"W 9176.07 feet to the west
boundary line of Salt Lake City; thence along said west boundary the following 10 courses: 1)
N00°19'37"E 1745.63 feet to the West Quarter Corner of Section 32 said township; 2)
N00°20'10"E 846.69 feet; 3) S89°47'26"E 1320.00 feet; 4) N00°20'10"E 950.40 feet; 5)
N89°47'26"W 1320.00 feet; 6) N00°20'10"E 844.84 feet to the Northwest Corner of said Section
32; 7) N00°19'16"E 5285.43 feet to the Southwest Comer of Section 20 said township; 8)
N00° 17'46"E 2629.78 feet to the West Quarter Corner of said Section 20; 9) N00° 18'30"E 2631.00
feet to the Northwest Corner of said Section 20; 10) N00°17'29"E 5280.23 feet to the point of
beginning.
Contains 7,739.092 acres, more or less.
SALT LAKE CITY MUNICIPAL BOUNDARY
Northwest Quadrant Community Reinvestment Area
Boundary Model
SALT LAKE CITY
MUNICIPAL BOUNDARY
2637.89' 2640.05' 2640.69' z
N00'17'46"E
N89'54'36"E
N89'53'20"E S89'48'47"E
2625.84'
S89'48'47"E
Beginning of o point on the existing Salt Lake City boundary which is the
Northwest Corner of Section 17. Township 1 North, Range 2 West. Solt Lake Base
and Meridian, and running thence along the existing Salt Lake City boundary the
following 18 courses: 1) N89'54'36"E 2637.89 feet to the N) Corner of said
Section 17; 2) N89'53'20"E 2640.05 feet to the NE Corner of soid Section 17; 3)
S89'48'47"E 2640.69 feet to the N) Corner of Section 16 said Township; 4)
NO0'26'13"E 1320.23 feet to the W) Corner of the SE) of Section 9 said
Township; 5) S89'48'47"E 2625.84 feet to the E) Corner of the SE) of said
Section 9; 6) SO0'24'42"W 1320.23 feet to the NE Corner of said Section 16; 7)
SO0'24'42"W 2650.57 feet to the E) Corner of said Section 16; 8) 500'26'25"W
1325.15 feet to the W) Comer of the SW) of Section 15; 9) S89'50'13"E 1322.93
feet to the Center of the SW) of said Section 15: 10) N00'23'04"E 2648.09 feet
to the Center of the NW) of said Section 15; 11) S89'44'08"E 3963.23 feet to
the E) Corner of the NE) of said Section 15; 12) S89'47'29"E 1317.60 feet to
the Center of the NW) of Section 14 said Township; 13) SO0'15'30"W 3961.12 feet
to the S) Corner of the SW) of said Section 14; 14) S89'47'29"E 1317.60 feet to
the S) Corner of said Section 14; 15) S00' 13'53"W 1320.92 feet to the E) Corner
of the NW) Section 23 said Township; 16) S89'46'07"E 1320.22 feet to the Center
of the NE) of said Section 23: 17) 500'13'54"W 2643.89 feet to the Center of
the SE) of said Section 23; 18) S44'44'23"E 1868.01 feet to the SE Comer of
said Section 23; thence along the east line of Section 26 said Township
S00'20'01"W 3991.93 feet to the north line of John Cannon Drive; thence along
the north line of John Cannon Drive S89'47'45"E 44.00 feet to the projected east
line of 5600 West; thence along the east line of 5600 West S00'20'07"W 1284.30
feet to the south line of Section 25 said township; thence along the south lines
of said Section 25 and 26 N89'47'25"W 774.13 feet to the Southwest Corner of
Watkins Industrial Pork Subdivision as recorded in Book 2003P. Page 162 of
Subdivisions, in the Salt Lake County Recorders Office: thence along the south line
of soid Section 26 N89'47'24"W 2937.61 feet; thence S00'11'54"W 99.14 feet to
the Northeast Corner of Parcel 07-35-100-016; thence along said parcel the
following 6 courses: 1) N89'46'53"W 1609.45 feet; 2) N89'50'44"W 2642.88 feet;
3) N89'50'201W 2644.04 feet; 4) N89'44'53"W 1317.05 feet; 5) 500'13'52"W
2541.25 feet; 6) SOO'14.20'W 1723.95 feet to the north line of the 1-80
right-of-way and an 1849.86 foot radius non -tangent curve to the right; thence
along said north line and soid curve 63.56 feet (chord bears S71'02'20'W 63.56
feet); thence along said north line N89'47'45"W 9176.07 feet to the west boundary
line of Salt Lake City; thence along soid west boundary the following 10 courses:
1) N00'19'37"E 1745.63 feet to the West Quarter Corner of Section 32 said
township; 2) NO0'20'10"E 846.69 feet; 3) 589'47'26"E 1320.00 feet; 4)
NO0'20'10"E 950.40 feet; 5) N89'47'26"W 1320.00 feet; 6) N00'20'10"E 844.84
feet to the Northwest Corner of said Section 32; 7) N00'19'16'E 5285.43 feet to
the Southwest Corner of Section 20 said township; 8) NO0'17'46"E 2629.78 feet to
the West Quarter Corner of said Section 20; 9) NO0'18'30"E 2631.00 feet to the
Northwest Corner of said Section 20; 10) NO0'17.29"E 5280.23 feet to the point
of beginning.
Contains 7,739.092 acres, more or less.
NO0'20'10"E N89'44'53w
844.84' 1317.05'A
N89'47'26 W
"11320.00'
o� H
g
°io
z
_589'47'26"E
1320.00'
NO0'20'10'E
846.89'
n
N89'47'45w
9175.07'
INTERSTATE 80
bih
N -1322.93'
689'50'13"E
SALT LAKE CITY
MUNICIPAL BOUNDARY
3963.23' 1317.60'
689'44'08"E 689'47.29"E
z
700 NORTH
N89'50'2014 N89'50'44'W
2644.04' 2642.88'
21On
8i'- P.
ca-S7In29�0
L=63.5E R�
V'
Z
b '?
N 1320.22'
889'46'07'E
r
Nm O
b 1e G
589'47'29"E
1317.60'
so0.11'54w
999.14'-\
N89'46'531 J
1609.45'
S89'47'451
44.00'\
3 4-
nM V)
m LJ.J
N89'47'24w N.
2937.61'
N89'47'25w 0
774.13' O
EXHIBIT B
[Attach Form Interlocal Agreement]
INTERLOCAL COOPERATION AGREEMENT
[Northwest Quadrant Project Area Tax Increment]
THIS INTERLOCAL COOPERATION AGREEMENT ("Agreement") is executed
as of , 2018 ("Effective Date"), by and between the Redevelopment Agency of Salt
Lake City, a public entity ("Agency"), and Salt Lake City Corporation, a Utah municipal
corporation (the "City") (collectively, the "Parties").
RECITALS
A. Pursuant to Resolution No. adopted by the Agency on January _, 2018, the Agency
has commenced the process under Utah Code 17C to create the Northwest Quadrant Project Area
(the "Project Area"), and has prepared a draft of a community reinvestment project area plan for
the Project Area, a copy of which is attached hereto as Exhibit A (the "Project Area Plan," which
includes the legal description and a map of the Project Area).
B. Under the Project Area Plan, the Agency desires to support the development of the
Project Area into an ecologically -oriented industrial park that is an economic engine for the city,
region, and state.
C. The City has determined that it is in its best interests to provide certain financial
assistance through the use of Tax Increment (as defined below) to Agency for development as set
forth in the Project Area Plan.
D. The Agency anticipates using tax increment (as defined in Utah Code § 17C-1-102(60)
("Tax Increment") created by development activities in the Project Area to assist in development
as set forth in the Project Area Plan.
E. Utah Code § 17C-5-204 authorizes the City to consent to the payment to the Agency
of a portion of its share of Tax Increment generated from the Project Area for the purposes set
forth in the Project Area Plan.
NOW, THEREFORE, for good and valuable consideration, the Parties agree as follows:
1. City's Consent. Pursuant to Utah Code § 17C-5-204, the City hereby agrees and
consents that the Agency shall be entitled to retain seventy-five percent (75%) of the City's
portion of the Tax Increment from the Project Area for twenty (20) years from the Effective Date
of this Agreement. The calculation of annual Tax Increment shall be made using (a) Salt Lake
County's then current tax levy rate for the City, and (b) the 2017 base year taxable value of $
, which taxable value is subject to adjustment as required by law.
2. Budget. Pursuant to Utah Code § 17C-5-204(6)(c), a copy of the Project Area budget
is attached hereto as Exhibit B.
1
3. Interlocal Cooperation Act. In satisfaction of the requirements of Utah Code § 11-
13, et seq. (the "Interlocal Cooperation Act") in connection with this Agreement, the Parties
agree as follows:
a. This Agreement shall be authorized and adopted by resolution of the legislative
body of each Party pursuant to and in accordance with the provisions of Section 11-13-202.5 of
the Interlocal Cooperation Act.
b. This Agreement shall be reviewed as to proper form and compliance with
applicable law by a duly authorized attorney on behalf of each Party pursuant to and in accordance
with the Section 11-13-202.5(3) of the Interlocal Cooperation Act.
c. Except as otherwise specifically provided herein, each Party shall be responsible
for its own costs of any action taken pursuant to this Agreement, and for any financing of such
costs.
d. A duly executed original counterpart of this Agreement shall be filed immediately
with the keeper of records of each Party pursuant to Section 11-13-209 of the Interlocal
Cooperation Act.
e. No separate legal entity is created by the terms of this Agreement. The Executive
Director of the Agency is hereby designated the administrator for all purposes of the Interlocal
Cooperation Act, pursuant to Section 11-13-207 of the Interlocal Cooperation Act.
f. Following the execution of this Agreement by each of the Parties, each Party shall
cause a notice regarding this Agreement to be published in accordance with Section 11-13-219 of
the Interlocal Cooperation Act.
g. No real or personal property shall be acquired jointly by the Parties as a result of
this Agreement. To the extent a Party acquires, holds, or disposes of any real or personal property
for use in the joint or cooperative undertaking contemplated by this Agreement, such Party shall
do so in the same manner that it deals with other property of such Party.
h. No separate legal entity is created by the terms of this Agreement.
4. Modification and Amendment. Any modification of or amendment to any
provision of this Agreement shall be effective only if the modification or amendment is in writing
and signed by each of the Parties. Any oral representation or modification concerning this
Agreement shall be of no force or effect.
5. Further Assurance. Each of the Parties hereto agrees to cooperate in good faith
with the other, to execute and deliver such further documents, to adopt any resolutions, to take any
other official action, and to perform such other acts as may be reasonably necessary or appropriate
to consummate and carry into effect the transactions contemplated under this Agreement.
2
6. Governing Law. This Agreement shall be governed by, and construed and
interpreted in accordance with, the laws of the State of Utah.
7. Authorization. Each of the Parties hereto represents and warrants to the other that
the warranting Party has taken all steps, including the publication of public notice where necessary,
in order to authorize the execution, delivery, and performance of this Agreement by each such
Party.
Executed to be effective as of the Effective Date.
Approved as to form:
Salt Lake City Attorney's Office
Katherine N. Lewis
ATTEST AND COUNTERSIGN:
City Recorder
Approved as to form:
Salt Lake City Attorney's Office
E. Russell Vetter
REDEVELOPMENT AGENCY OF SALT LAKE
CITY
Jacqueline M. Biskupski, Executive Director
SALT LAKE CITY CORPORATION
Mayor Jacqueline M. Biskupski
3
EXHIBIT A
[Attach Project Area Plan]
4
EXHIBIT B
[Attach Project Area Budget]
5