Loading...
Proposed Resolution - 9/23/2022 REDEVELOPMENT AGENCY OF SALT LAKE CITY RESOLUTION NO. _______________ First Amendment to the Interlocal Cooperation Agreement (Utah Performing Arts Center) RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF SALT LAKE CITY 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. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Redevelopment Agency 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 Board of Directors of the Redevelopment Agency of Salt Lake City, this day of , 2022. Ana Valdemoros, Chair Transmitted to the Executive Director on . The Executive Director: does not request reconsideration requests reconsideration at the next regular Agency meeting. Erin Mendenhall, Executive Director Approved as to form: Salt Lake City Attorney’s Office Attest: Salt Lake City Recorder’s Office EXHIBIT A TO RESOLUTION [Attach First Amendment to Interlocal Agreement] Salt Lake County Contract No. SG13517C District Attorney No. 22CIV000539 AMENDMENTl TO INTERLOCAL COOPERATION AGREEMENT (UTAH PERFORMING ARTS CENTER) THIS AMENDMENT TO OWNERSHIP AGREEMENT ("Amendment") is entered into as of ____ _., 2022 ("Effective Date"), by and among 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 and a political subdivision of the State of Utah ("County"). County, City, and RDA are each referred to individually as a "Member" or a"~" and, collectively, as the "Members" or the "Parties". RECITALS A. The Parties executed that certain Interlocal Agreement ("Agreement"), with an effective date of October 30, 2013, which Agreement is identified as Salt Lake County Contract No. SG 13517C, and sets forth certain requirements for the formation of an interlocal entity called UP AC which would facilitate the construction and ownership of the George S. and Dolores Dore Eccles Theater, formerly known as the Utah Performing Arts Center ("Theater"), beginning on October 30, 2013 and ending on December 31, 2041. B. When the Agreement was executed, the Parties agreed UP AC maintain its own policy of insurance, however the parties have since learned that maintaining insurance through the County will generate significant savings for those involved. C. Pursuant to Section 15.(f) of the Agreement, the Parties now wish to amend the Agreement to revise the Agreement to more reflect the Parties wishes. AGREEMENT THEREFORE, for good and valuable consideration, the Parties agree as follows: 1. The Parties agree paragraph 8.(d) is deleted. 2. 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 , the Members have executed this Interlocal Cooperation Agreement to be effective as of the Effective Date . ATTEST: ________ , City Recorder A~roved as to legal form: /{"~~ Katherine Lewis (Jul 8, 2022 13:09 MDT) _______ , Senior City Attorney SALT LAKE CITY CORPORATION, a Utah municipal corporation By: ________________ _ Mayor or Designee Salt Lake City , by resolution duly adopted by its City Council , a copy of which is attached hereto, caused this Agreement to be signed by its Mayor and attested by its City Recorder. 2 IN WITNESS WHEREOF, the Members have executed this Interlocal Cooperation Agreement to be effective as of the Effective Date. Approved as to legal form for RDA: ~ Allison Parks {Jul 8, 202214:43 MDT) _______ , Senior City Attorney REDEVELOPMENT AGENCY OF SALT LAKE CITY, a public agency By: ------------ Name: ---------- Its: Its Chief Administrative Officer By:------------ Name: ----------Its: Executive Director RDA, by resolution duly adopted by its Board, a copy of which is attached hereto, caused this Agreement to be signed by its Chief Administrative Officer and its Executive Director, and approved as to legal form by its legal counsel. 3 IN WITNESS WHEREOF, the Members have executed this Interlocal Cooperation Agreement to be effective as of the Effective Date. Reviewed as to Form and Legality Craig J. DigitallysignedbyCraigJ. Wangsgard Wangsgard Date:2022.06.0308:58:01-06'00' Deputy District Attorney SALT LAKE COUNTY, a body corporate and politic of the state of Utah By: ____________ _ Its: ------------------Print Name: -------------- County, by resolution of its County Council, a copy of which is attached hereto, caused this Agreement to be signed by the Mayor, or her designee. H:\s hare\CW ANGSGARD\Arts & Culture\UP AC \Owners Agreement\Amendment l \Amendment to UPACA Owners Agreement.docx 4