Proposed Resolution - 1/27/202313
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Salt Lake County Contract No. SG13517C
District Attorney No. 22CIV001680
AMENDMENT 2
TO
INTERLOCAL COOPERATION AGREEMENT
(UTAH PERFORMING ARTS CENTER)
THIS AMENDMENT TO OWNERSHIP Amendment dated
_____________________, 2023 Effective Date by and among Salt Lake City Corporation, a
City
RDA litical subdivision
County
Member Party Members Parties
R E C I T A L S
A. The Parties executed that certain Interlocal Agreement
effective date of October 30, 2013, which Agreement is identified as Salt Lake County Contract
No. SG13517C, and sets forth certain requirements for the formation of an interlocal entity called
Utah Performing Arts Center Agency UPACA which would facilitate the construction and
ownership of the George S. and Dolores Doré Eccles Theater, formerly known as the Utah
Theater October 30, 2013 and ending on December 31,
2041.
B.When the Agreement was executed, the Parties agreed UPACA will maintain a
Capital Reserve Account. The parties now wish to increase the annual contribution to the Capital
Reserve Account.
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 9. (n)(ii). of the Ownership Agreement will be amended to include
the following:
Beginning January 1, 2023, in the event that during any prior Fiscal Year, Net Operating
Income was not sufficient to fund the full One Million Dollars ($1,000,000) to the Capital
Reserve Account, then the shortfall will be tracked on a cumulative basis and be referred
Capital Reserve Account Operational Funding Deficit will be distributed to the Capital
Reserve Account for the purpose of reducing or eliminating such deficit.
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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]
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IN WITNESS WHEREOF, the Members have executed this Interlocal Cooperation
Agreement to be effective as of the Effective Date.
SALT LAKE CITY CORPORATION, a Utah
municipal corporation
By: ______________________________________
Mayor or Designee
ATTEST:
_______________________________
_________________, City Recorder
Approved as to legal form:
_______________________________
________________, City Attorney
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.
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IN WITNESS WHEREOF, the Members have executed this Interlocal Cooperation
Agreement to be effective as of the Effective Date.
REDEVELOPMENT AGENCY OF
SALT LAKE CITY, a public agency
By: __________________________
Name: _______________________
Its: Executive Director
ATTEST:
_______________________________
_________________, City Recorder
Approved as to legal form for RDA:
________________, 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 Chief Administrative Officer and its Executive Director, and
approved as to legal form by its legal counsel.
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IN WITNESS WHEREOF, the Members have executed this Interlocal Cooperation
Agreement to be effective as of the Effective Date.
SALT LAKE COUNTY, a body corporate and
politic of the state of Utah
By: ___________________________________
Its: ___________________________________
Print Name: ____________________________
Reviewed as to Form and Legality
Deputy District Attorney
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:\Share\CWANGSGARD\Arts & Culture\UPAC\Owners Agreement\Amendment 2\Amendment 2(1.11.23).docx
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