Proposed Resolution - 7/22/2021RESOLUTION NO. ______ of 2021
RESOLUTION OF THE SALT LAKE CITY COUNCIL APPROVING THE
EXECUTION OF THE SECOND AMENDMENT TO AN INTERLOCAL AGREEMENT
BETWEEN SALT LAKE CITY, THE REDEVELOPMENT AGENCY OF SALT LAKE
CITY AND UTAH PERFORMING ARTS CENTER AGENCY, FOR OPERATION OF
THE THEATER KNOWN AS THE GEORGE S. AND DOLORES DORÉ ECCLES
THEATER
WHEREAS, under Utah Code Ann. §§ 11-13-101, any two or more public agencies may
enter into agreements with one another for joint or cooperative action.
WHEREAS, Salt Lake County, Salt Lake City, the Redevelopment Agency of Salt Lake
City , and the Utah Performing Arts Center Agency (“UPACA”) an interlocal agency, desire to
enter into the Second Amendment to an Interlocal Cooperation Agreement (“Agreement”),
attached and incorporated into this Resolution as Exhibit “A”, for the operation of the performing
arts venue to be known as the George S. and Dolores Doré Eccles Theater.
NOW, THEREFORE, BE IT RESOLVED by the Salt Lake City Council that the attached
Second Amendment between Salt Lake County, Salt Lake City, Redevelopment Agency of Salt
Lake City and UPACA is hereby ratified, effective June 30, 2021, and the Salt Lake City Mayor
is authorized to execute the same.
APPROVED and ADOPTED this ______ day of ____________, 2021.
SALT LAKE CITY COUNCIL
_____________________________________
Amy Fowler, Council Char
ATTEST:
_______________________________
Cindy Lou Trishman, City Recorder
Approved as to form:
_______________________________
Katherine Lewis, City Attorney
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Salt Lake County Contract No. SG13517C
SECOND AMENDMENT
TO
OPERATING AGREEMENT
UTAH PERFORMING ARTS CENTER
THIS SECOND AMENDMENT TO OPERATING AGREEMENT (“Second Amendment”)
is effective as of June 30, 2021, by and between the Utah Performing Arts Center Agency, an interlocal
entity and political subdivision of the State of Utah (“Owner”), 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 of the state of Utah (“County”, and/or
“Operator”). Owner and Operator may be referred to individually as a “Party”, or collectively as the
“Parties”.
R E C I T A L S
A. The Parties executed that certain Operating Agreement Utah Performing Arts Center
(“Operating Agreement”), with an effective date of March 19, 2013, which Operating Agreement is
identified as Salt Lake County Contract No. SG13517C and sets forth certain requirements for
Operator to operate the George S. and Dolores Doré Eccles Theater, formerly known as the Utah
Performing Arts Center (“Theater”), beginning on March 19, 2013, and ending on December 31,
2041.
B. Pursuant to Section 8.8 of the Operating Agreement, the Parties now wish to amend the
Operating Agreement to extend Operator’s operation and supervision of UPAC Site for an additional
five years.
AGREEMENT
THEREFORE, for good and valuable consideration, the Parties agree as follows:
1. The Parties agree to renew Amendment 1, covering Operator’s operation of UPAC Site
for an additional five-year term from the Effective Date of Amendment 1. The Parties acknowledge
the Effective Date of Amendment 1 is June 30, 2016, therefore this renewal shall be effective June 30,
2021, and end June 30, 2026.
2. Amendment. 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, Owner, Operator, City and RDA have executed this Second
Amendment to be effective as of the Effective Date.
OPERATOR:
SALT LAKE COUNTY, a body corporate and politic
of the State of Utah
By:
Its: Mayor or Designee
Print Name:
County, by resolution of its County Council, a copy of which is attached hereto, caused this Second
Amendment to Operating Agreement be signed by the Mayor, or her designee.
Approved As To Form
__________________________
Deputy District Attorney
H:\share\CWANGSGARD\Arts & Culture\UPAC\Operating Agreement\Amendment2\Second Amendment to UPACA Ops Agreement (7.06.21).docx
Craig J.
Wangsgard
Digitally signed by Craig J.
Wangsgard
Date: 2021.07.06 14:06:40 -06'00'
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IN WITNESS WHEREOF, Owner, Operator, City and RDA have executed this Second
Amendment to be effective as of the Effective Date.
OWNER:
UTAH PERFORMING ARTS CENTER AGENCY, an
interlocal agency of the State of Utah
By: ______________________________________
Its: ______________________________________
Date: ________________
Approved as to legal form:
Attorney for Salt Lake County
_______________________________
Craig Wangsgard, Deputy District Attorney
Approved as to legal form:
Attorney for Salt Lake City
_______________________________
________________, Senior City Attorney
Approved as to legal form:
Attorney for Redevelopment Agency
___________________________
________________, Senior City Attorney
Owner, by resolution duly adopted by its Board, a copy of which is attached hereto, caused this
Agreement to be signed by its ________________________.
Craig J. Wangsgard Digitally signed by Craig J.
Wangsgard
Date: 2021.07.06 14:06:58 -06'00'
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IN WITNESS WHEREOF, Owner, Operator, City and RDA have executed this Second
Amendment to be effective as of the Effective Date.
CITY:
SALT LAKE CITY CORPORATION, a Utah
municipal corporation
Erin Mendenhall
Mayor
ATTEST:
______________________________________
City Recorder
Approved as to legal form:
Salt Lake City Attorney’s Office
_______________________________
________________, Senior City Attorney
City, by resolution duly adopted by its City Council, a copy of which is attached hereto, caused this
Second Amendment to Operating Agreement to be signed by its Mayor and attested by its City
Recorder.
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IN WITNESS WHEREOF, Owner, Operator, City and RDA have executed this Second
Amendment to be effective as of the Effective Date.
RDA:
REDEVELOPMENT AGENCY OF
SALT LAKE CITY, a public agency
Erin Mendenhall
Executive Director
Approved as to legal form:
Salt Lake City Attorney’s Office
___________________________
________________, 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 Executive Director, and approved as to legal form by its legal counsel.