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REDEVELOPMENT AGENCY OF SALT LAKE CITY
RESOLUTION NO. R-7-2020
Cuisine Unlimited, Inc. v. UPACA Settlement Agreement
Release of Provider Improvements
RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF SALT LAKE CITY RELEASING ANY INTEREST IN THE PROVIDER IMPROVEMENTS.
WHEREAS, the Redevelopment Agency of Salt Lake City (“RDA”) was created to transact the business and exercise the powers provided for in the Utah Community Reinvestment Agency Act (the “Act”).
WHEREAS, on October 7, 2015, the Utah Performing Arts Center Agency (UPACA) and Cuisine Unlimited, Inc. entered into a Food and Beverage Agreement, which, in part, specifies that certain improvements be constructed in the Eccles Theatre. It was anticipated that Cuisine Unlimited, Inc. and the RDA would share the cost of these certain improvements (“Provider Improvements”).
WHEREAS, subsequently, UPACA was named as a defendant in a lawsuit in state court (case number 180907205) brought by Cuisine Unlimited, Inc. concerning UPACA’s termination of the October 7, 2015 Food and Beverage Agreement.
WHEREAS, on February 12, 2020, UPACA and Cuisine Unlimited, Inc., entered into mediation to resolve the case. As a result of this mediation, UPACA and Cuisine Unlimited, Inc. executed a Settlement Agreement and Mutual Release. A portion of this agreement calls for the release of any interest in the October 7, 2015 Food and Beverage Agreement, which includes any interest the RDA may have in the Provider Improvements.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD that to the extent that the RDA has any interest in the Provider Improvements set forth in section 2.1(c) and Exhibit E to the October 7, 2015 Food and Beverage Agreement between UPACA and Cuisine Unlimited, Inc., pursuant to the February 12, 2020 Settlement Agreement and Mutual Release executed between UPACA and Cuisine Unlimited, Inc., the RDA Board approves the release of any such interest and considers any such interest satisfied in full.
Passed by the Board of Directors of the Redevelopment Agency of Salt Lake City, this 14th day of April, 2020.