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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. 2 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