06 of 2024 - Public Benefit Analysis - University of Utah Below-Market LeaseRESOLUTION NO. _____ OF 2024
Authorizing Ground Lease Rate and Term to The University of Utah)
WHEREAS, the University of Utah (“University”) owns real property adjacent to
Sunnyside Park where its practice baseball field is located. The University is designing a new
ballpark to serve the University’s baseball program and meet the practice and competition needs
of the program (the “Project”); and
WHEREAS, the University desires to enter into a ground lease from the City a portion
consisting of 1.175 acres of the City’s property on 1735 Sunnyside Avenue, Salt Lake City, and
designated as Sunnyside Park (the “Leased Area”) to allow the University to expand the outfield
of the baseball field to meet National Collegiate Athletics Association requirements; and
WHEREAS, the City is willing to grant to the University a ground lease rate for the
Leased Area in the amount of $1.00 per year for a term of 99 years (the “Lease Fee Waiver”) as
a result of the Analysis so long as the conditions of the ground lease are met as outlined; and
WHEREAS, Utah Code Section 10-8-2 ( 1)(a)(i) allows public entities to provide
nonmonetary assistance and waive fees to and for nonprofit entities after a public hearing; and
WHEREAS, though Utah Code Section 10-8-2 does not require a study for such waiver or
assistance, in this case the Administration voluntarily performed an analysis of the nonmonetary
assistance to the nonprofit corporation (the “Analysis”); and
WHEREAS, the City Council has conducted a public hearing relating to the foregoing, in
satisfaction of the requirements of Utah Code Section 10-8-2; and
WHEREAS, the Council has reviewed the Analysis, and has fully considered the
conclusions set forth therein, and received comments submitted to the Council in writing and
during the public hearing.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah, as
follows:
1. The City Council hereby adopts the conclusions set forth in the Analysis, and
hereby finds and determines that, for all the reasons set forth in the Analysis, the Lease Fee Waiver
is appropriate under these circumstances.
2. The City Council approves the ground lease terms outlined on the attached term
sheet (the “Term Sheet”) and hereby authorizes the City administration to negotiate the final terms
of the ground lease, including terms included or terms at least as beneficial to the City.
3. The City Council further authorizes the City administration to execute the ground
lease and any other relevant documents consistent with this Resolution and incorporating such
other terms and agreements as recommended by the City Attorney’s office.
Passed by the City Council of Salt Lake City, Utah, on _________, 2024.
SALT LAKE CITY COUNCIL
By: ______________________
CHAIRPERSON
ATTEST:
CITY RECORDER
APPROVED AS TO FORM:
Salt Lake City Attorney’s Office
By: ___________________________
Kimberly Chytraus, Senior City Attorney
6th
Kimberly Chytraus,Senior City Attorney
Mar 7, 2024
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Term Sheet
Lease to University of Utah –Sunnyside Park
Term: 99 years; the parties can mutually agree on an extension.
Commencement
Date:
July 1, 2024
Rent: $1/year
Additional
Consideration:
The University will pay the City $4.2 million for park and recreation
improvements, plus construct a restroom benefiting and available to the
public using Sunnyside Park at the estimated cost of $600,000.
The City will spend $4.2 million on park improvements at Sunnyside Park
and acknowledges the City will use reasonable efforts to complete the park
improvements within 3 years from the execution of the lease as requested
by the University.
Use: Recreational fields and related amenities including restrooms and a practice
facility, landscaping improvements and fencing.
Easement: The University and City will have a reciprocal access easement on the north
side of the ballpark.
Operating
Conditions:
1. The ballpark (including a multiuse field in the outfield) will be available
for rent by the City, city residents, and recreational groups when not in use
by the University in accordance with the University’s policies, if the renter
covers operation costs for its use. The University anticipates that the
ballpark will have year-round availability during non-collegiate use, with
high availability between May through August and November, and
December, and lower availability at other times of the year.
2. The practice facility will be available for rent by the City, city residents,
and recreational groups when not in use by the University in accordance
with the University’s policies, if the renter covers operation costs for its use.
3. The restrooms within the leased area will be outward facing and available
for public use during park hours, except when the stadium is reserved for
University or third-party events.
4. There will be public access to the leased property when ballpark is not in
use.
5. The University will use best efforts to protect the four existing Grand
Sequoia trees on the leased property and will follow the City’s best
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practices for tree protection zones. A mitigation fee may be charged for the
removal of any trees.
6. The ballpark facility will be set back the improvements from Guardsman
Way not less than approximately 20 feet from right of way boundary.
Lease
Conditions:
There may be additional conditions or restrictions based on any use
restrictions in favor of the federal government.
All remaining terms will be negotiated by the administration on advice from the City Attorney’s
office.
Resolution 06 of 2024 Public Benefits Analysis
U of U Below-Market Lease
Final Audit Report 2024-03-19
Created:2024-03-08
By:STEPHANIE ELLIOTT (stephanie.elliott@slcgov.com)
Status:Signed
Transaction ID:CBJCHBCAABAAq6teIzx-zz-Y1xYpM_ZYzywV2y3mpK8m
"Resolution 06 of 2024 Public Benefits Analysis U of U Below-M
arket Lease" History
Document created by STEPHANIE ELLIOTT (stephanie.elliott@slcgov.com)
2024-03-08 - 0:00:46 AM GMT
Document emailed to Kimberly Chytraus (kimberly.chytraus@slcgov.com) for signature
2024-03-08 - 0:02:06 AM GMT
Email viewed by Kimberly Chytraus (kimberly.chytraus@slcgov.com)
2024-03-08 - 0:13:46 AM GMT
Document e-signed by Kimberly Chytraus (kimberly.chytraus@slcgov.com)
Signature Date: 2024-03-08 - 0:14:01 AM GMT - Time Source: server
Document emailed to victoria.petro@slcgov.com for signature
2024-03-08 - 0:14:03 AM GMT
Email viewed by victoria.petro@slcgov.com
2024-03-08 - 5:52:47 AM GMT
New document URL requested by victoria.petro@slcgov.com
2024-03-18 - 7:00:22 PM GMT
Email viewed by victoria.petro@slcgov.com
2024-03-18 - 7:01:24 PM GMT
Signer victoria.petro@slcgov.com entered name at signing as Victoria Petro
2024-03-18 - 8:34:44 PM GMT
Document e-signed by Victoria Petro (victoria.petro@slcgov.com)
Signature Date: 2024-03-18 - 8:34:46 PM GMT - Time Source: server
Document emailed to Cindy Trishman (cindy.trishman@slcgov.com) for signature
2024-03-18 - 8:34:47 PM GMT
Document e-signed by Cindy Trishman (cindy.trishman@slcgov.com)
Signature Date: 2024-03-19 - 2:01:13 AM GMT - Time Source: server
Agreement completed.
2024-03-19 - 2:01:13 AM GMT