Proposed Resolution - 9/23/2022
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