Transmittal - 9/23/2022
REDEVELOPMENT AGENCY of SALT LAKE CITY
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 118 WWW.SLC.GOV · WWW.SLCRDA.COM
P.O. BOX 145518, SALT LAKE CITY, UTAH 84114-5518 TEL 801-535-7240 · FAX 801-535-7245
MAYOR ERIN MENDENHALL
Executive Director
DANNY WALZ
Director
CITY COUNCIL TRANSMITTAL
Date Received: 9/23/2022
Rachel Otto, Chief of Staff Date sent to Council: 9/23/2022
TO: Salt Lake City Council
Dan Dugan, Chair
FROM: Rachel Otto, Chief of Staff, Mayor’s Office
Danny Walz, Director of the Redevelopment Agency of Salt Lake City
Katie Lewis, City Attorney
Allison Parks, Senior City Attorney
SUBJECT: Eccles Theater Interlocal Agreements
CONTACT: Danny Walz, Director of the Redevelopment Agency of Salt Lake City
DOCUMENT TYPE: Resolutions
RECOMMENDATION: Adopt two Resolutions
BUDGET IMPACTS: N/A
BACKGROUND/DISCUSSION: As part of the joint operation of the Eccles Theater, the RDA,
Salt Lake City, and Salt Lake County entered two separate interlocal agreements in 2013. The first
interlocal agreement creates and sets forth the formation and obligations of the interlocal entity
called the Utah Performing Arts Center Agency (UPACA). The second interlocal agreement, entitled
the “Utah Performing Arts Center Operating Agreement,” details the terms of the management and
operation of the Eccles Theater. When both interlocal agreements were initially executed, the parties
agreed that the UPACA entity would maintain its own policy of insurance for the theater. However,
the parties have since learned that maintaining insurance through the County will generate
significant savings for the parties. To realize these costs savings, both interlocal agreements need to
be amended.
The UPACA Board of Directors voted and approved the amendments to both interlocal agreements
on July 13, 2022. In accordance with the terms of the interlocal agreements and the Interlocal
rachel otto (Sep 23, 2022 15:36 MDT)
Cooperation Act, the City Council may consider approving these proposed amendments through
resolutions. The resolutions attached to this memo include the proposed amended interlocal
agreements. Similar action will need to be taken by the RDA Board of Directors.
ATTACHMENTS:
A. Resolution approving an amendment to the Operating Agreement
B. Resolution approving an amendment to the interlocal agreement establishing UPACA
ATTACHMENT A: RESOLUTION
Approving an Amendment to the Operating Interlocal Agreement
ATTACHMENT B: RESOLUTION
Approving an Amendment to the Interlocal Agreement establishing UPACA
RESOLUTION NO. _______ OF 2022
(A Resolution Authorizing the Third Amendment to the Operating Agreement for the
Utah Performing Arts Center)
WHEREAS, the Operating Agreement for the Utah Performing Arts Center
(“UPAC”) was executed between the Utah Performing Arts Center Agency, an interlocal
entity and political subdivision of the State of Utah, Salt Lake City Corporation, a Utah
municipal corporation, the Redevelopment Agency of Salt Lake City, a public entity, and
Salt Lake County, a body corporate and politic of the state of Utah (“County”), with an
effective date of March 19, 2013, as amended from time to time; and
WHEREAS, when the Operating Agreement was initially executed, the parties
agreed UPAC would maintain its own policy of insurance, however, the parties have since
learned that maintaining insurance through the County will generate significant savings for
the parties; and
WHEREAS, pursuant to Section 8.8 of the Operating Agreement, the parties desire
to enter into the third amendment to the Operating Agreement (“Third Amendment”) to
expand the definition of “Expense” and clarify that the County as the Operator will use
County risk management to handle claims that arise from operations and property damage.
THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City that the
Third Amendment to the Operating Agreement, in the form attached to this resolution as
Exhibit A, is hereby approved.
Passed by the City Council of Salt Lake City, Utah this ____ day of _____, 2022.
SALT LAKE CITY COUNCIL
Dan Dugan, Chair
Attest:
___________________________
City Recorder
Salt Lake City Attorney’s Office
Approved as to form:
Senior City Attorney
EXHIBIT A TO RESOLUTION
[Attach Third Amendment to Operating Agreement]
RESOLUTION NO. _______ OF 2022
(A Resolution Approving the First Amendment to the Interlocal Cooperation Agreement
(Utah Performing Arts Center))
WHEREAS, the Interlocal Cooperation Agreement (“Interlocal Agreement”)
setting forth the requirements for the formation and obligations of a certain interlocal entity
called the Utah Performing Arts Center Agency (“UPACA”) was executed between Salt
Lake City Corporation, a Utah municipal corporation, the Redevelopment Agency of Salt
Lake City, a public entity, and Salt Lake County, a body corporate and politic of the state
of Utah (“County”), with an effective date of October 30, 2013; and
WHEREAS, when the Interlocal Agreement was initially executed, the parties
agreed UPACA would maintain its own policy of insurance, however, the parties have
since learned that maintaining insurance through the County will generate significant
savings for the parties; and
WHEREAS, pursuant to Section 15(f) of the Interlocal Agreement, the parties
desire to enter into the first amendment to the Interlocal Agreement (“First Amendment”)
to remove UPACA’s obligations regarding maintaining certain insurance.
THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City that the
First Amendment to the Interlocal Agreement, in the form attached to this resolution as
Exhibit A, is hereby approved.
Passed by the City Council of Salt Lake City, Utah this ____ day of _____, 2022.
SALT LAKE CITY COUNCIL
Dan Dugan, Chair
Attest:
___________________________
City Recorder
Salt Lake City Attorney’s Office
Approved as to form:
Senior City Attorney
EXHIBIT A TO RESOLUTION
[Attach First Amendment to Interlocal Agreement]