Proposed Resolution - 1/23/2024RESOLUTION 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 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, so long as the conditions of
the ground lease are met (the “Lease Fee Waiver”); 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 all comments made 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 hereby authorizes the City administration to negotiate the ground
lease on the conditions set forth in the Analysis, or on more terms beneficial to the City, and
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