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HomeMy WebLinkAboutDSHW-2024-008394 TERMINATION OF IRREVOCABLE TRUST WHEREAS, Trans-Jordan Cities, as Grantor, established a trust agreement on January 15, 1998 (“the Trust”) to govern the investment and use of funds for closure and post-closure care of their solid waste facility located east of Bingham Canyon in Salt Lake County; WHEREAS, Zions First National Bank agreed to serve as Trustee of the Trust upon its creation; WHEREAS, Zions First National Bank is now known as Zions Bank, which operates as a banking division of Zions Bancorporation, N.A., and therefore Zions Bancorporation, N.A., is the current Trustee of the Trust; WHEREAS, the Grantor has expressed a desire to transfer the Trust funds to a Utah Public Treasurer’s Investment Fund outside of the control of the Trustee (“PTIF account”); WHEREAS, such an asset transfer could only be accomplished if the Trust were terminated; WHEREAS, the Trust can be terminated under Section 14 of the Trust provisions by written agreement of the Grantor and the Trustee, and approval of the Executive Secretary; WHEREAS, it has been determined and agreed that “Executive Secretary” refers to the Executive Secretary of the current Utah Solid and Hazardous Waste Control Board under the Utah Department of Environmental Quality. NOW THEREFORE, the Grantor and the Trustee agree, as evidenced by their signatures below, that a transfer of the Trust funds to the PTIF Account will satisfy the Trust’s requirement that upon termination the Trust funds be delivered to the Grantor. NOW THEREFORE, in consideration of the Trustee’s fiduciary duties, powers, and responsibilities over the Trust funds thereafter ceasing upon termination of the Trust, the Trustee agrees, as evidenced by its signature below, to terminate the Trust and distribute the Trust funds, less final administration expenses, to the PTIF Account. NOW THEREFORE, the Grantor also agrees to the termination of the Trust, and any liquidation of the Trust assets that may be necessary, as evidenced by its signature below. NOW THEREFORE, the Executive Secretary approves of the termination of the Trust as evidenced by his signature below. Zions Bancorporation, N. A. By:__________________________ Christian Heinrich Its: VP & Sr. Fiduciary Officer Date: ____________ Trans-Jordan Cities By:__________________________ Jaren Scott Its: Executive Director Date: ____________ Utah Department of Environmental Quality Utah Solid and Hazardous Waste Control Board By:__________________________ Douglas J. Hansen Its: Executive Secretary Date: ____________ 9/12/2024