03 of 2023 - Utah Performing Arts Center AgreementsRESOLUTION NO. _______ OF 2023
(A Resolution Approving the Second 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, with an effective date of October 30, 2013; and
WHEREAS, when the Interlocal Agreement was initially executed, the parties
agreed UPACA would maintain and contribute to a capital reserve account; and
WHEREAS, pursuant to Section 15(f) of the Interlocal Agreement, the parties
desire to enter into the second amendment to the Interlocal Agreement (“Second
Amendment”) to increase the contribution to the capital reserve account from $850,000 to
$1,000,000.
THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City that the
Second 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 ___________,
2023.
SALT LAKE CITY COUNCIL
Chairperson
Attest:
___________________________
City Recorder
Salt Lake City Attorney’s Office
Approved as to form:
Allison Parks, Senior City Attorney
03
21st February
EXHIBIT A TO RESOLUTION
[Attach Second Amendment to Interlocal Agreement]
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.
2
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]
3
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.
4
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.
5
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
Resolution 03 of 2023 Approving an
Amendment to the Operating Interlocal
Agreement
Final Audit Report 2023-03-20
Created:2023-03-03
By:Thais Stewart (thais.stewart@slcgov.com)
Status:Signed
Transaction ID:CBJCHBCAABAACqopaK9mwan4rlNE2JeUzXZAAmqZxcsk
Resolution 03 of 2023 Approving an Amendment to the Operati
ng Interlocal Agreement" History
Document created by Thais Stewart (thais.stewart@slcgov.com)
2023-03-03 - 7:34:41 PM GMT
Document emailed to Allison Parks (allison.parks@slcgov.com) for signature
2023-03-03 - 7:36:46 PM GMT
Email viewed by Allison Parks (allison.parks@slcgov.com)
2023-03-03 - 7:38:50 PM GMT
Document e-signed by Allison Parks (allison.parks@slcgov.com)
Signature Date: 2023-03-03 - 7:38:57 PM GMT - Time Source: server
Document emailed to Darin Mano (darin.mano@slcgov.com) for signature
2023-03-03 - 7:39:00 PM GMT
Email viewed by Darin Mano (darin.mano@slcgov.com)
2023-03-03 - 9:10:35 PM GMT
Email viewed by Darin Mano (darin.mano@slcgov.com)
2023-03-05 - 1:19:46 AM GMT
Email viewed by Darin Mano (darin.mano@slcgov.com)
2023-03-06 - 5:11:05 AM GMT
Document e-signed by Darin Mano (darin.mano@slcgov.com)
Signature Date: 2023-03-07 - 11:49:01 PM GMT - Time Source: server
� Document emailed to Cindy Trishman (cindy.trishman@slcgov.com) for signature
2023-03-15 -5:27:29 PM GMT
0c, Document e-signed by Cindy Trishman (cindy.trishman@slcgov.com)
Signature Date: 2023-03-20 -4:24:39 PM GMT -Time Source: server
G Agreement completed.
2023-03-20 -4:24:39 PM GMT
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