DERR-2024-004302

State of Utah

Department of
Environmental Quality

Kimberly D. Shelley
Executive Director

Ty L. Howard
Deputy Director

SPENCER J. COX
Governor

DEIDRE HENDERSON
Lieutenant Governor January 18, 2024

Paxton Project LLC
c/o Bruce Bastian
215 West Paxton Avenue
Salt Lake City, Utah 84101

Re: Conditional Enforceable Written Assurance Letter #202 - The Paxton, 215 West
Paxton Avenue, Salt Lake City, Salt Lake County, Utah

Dear Mr. Bastian:

Introduction

This letter is issued pursuant to Utah Code Ann. Section 19-6-326 and Utah Admin. Code Rule
311-600 concerning real property (Property) that Paxton Project LLC (Applicant) intends to
acquire. The Property, approximately 0.71 acres, is located in Salt Lake City, Salt Lake County,
Utah, as described in the above reference line. The Applicant submitted an Enforceable Written
Assurance application and supplemental associated documents for the Property (Application) to
the Utah Department of Environmental Quality (DEQ). The DEQ has reviewed the Application
and has no additional comments or questions.

Applicant’s Representations

1. The Applicant represents that it has satisfied the “all appropriate inquiry” requirements in 42
United States Code Section 9601(40) and Utah Code Ann. Section 19-6-302(2). The
Applicant represents that the Application fully discloses the results of the Applicant’s
inquiry.

2. The Applicant represents that it is not:
a) Potentially liable or affiliated with another person that is potentially liable, for response
costs at the property through:
(i) Any direct or indirect familial relationship; or
(ii) Any contractual, corporate, or financial relationship (other than a contractual,
corporate, or financial relationship that is created by the instruments by which title to
the facility is conveyed or financed or by a contract for the sale of goods or services);
or
b) The result of a reorganization of a business entity that was potentially liable.

195 North 1950 West • Salt Lake City, UT
Mailing Address: PO Box 144810 • Salt Lake City, UT 84114-4810
Telephone [phone] • TDD [phone]
www.deq.utah.gov
Printed on 100% recycled paper
EWA #202 - The Paxton
Page 2

3. The Applicant represents that it has not caused or contributed to any environmental
contamination on the Property.

4. The Applicant represents that based on the data and information available, the Applicant is
sufficiently informed to take Reasonable Steps to prevent or limit exposure to contaminants
that may be present on the Property. Specifically, the Applicant represents that it will comply
with the attached Reasonable Steps.

5. The Applicant represents that it will comply with Rule 311-600 and will stop any continuing
releases, will prevent any threatened future releases, will prevent or limit human,
environmental or natural resource exposure to earlier releases, will cooperate and provide
access to persons authorized to investigate and take response actions on the Property, and
will implement institutional controls.

6. The Applicant acknowledges that it is solely responsible for the representations above and in
the Application and that the DEQ has not conducted an independent analysis or verification
of the Applicant’s representations.

Conditional Enforceable Written Assurance

Upon issuance of a Certificate of Completion (COC) under the Voluntary Cleanup Program, this
Conditional Enforceable Written Assurance (EWA) shall be final, not conditional, subject only
to the contingencies described below, the Reasonable Steps listed in the attachment to this EWA
and compliance with the land use and any continuing obligations described in the COC. The
legal description of the Property covered by this Conditional EWA is subject to modification
pending issuance of the COC. The COC shall be the final legal description applicable to this
EWA. If the DEQ does not issue a COC, this Conditional EWA shall be void.

This letter constitutes a Conditional EWA that no enforcement action regarding the Property will
be initiated by the DEQ against the Applicant under the Utah Hazardous Substances Mitigation
Act, Section 19-6-301 et seq., and that the Applicant is protected from contribution and cost
recovery claims as described in Section 19-6-326. This Conditional EWA is contingent upon:

1. The Applicant's compliance with the representations above, the Application, and the
attached Reasonable Steps;

2. The Applicant’s compliance with the ongoing requirements imposed in Rule 311-600 and
in Section 19-6-302 on a bona fide prospective purchaser;

3. The Applicant’s full disclosure and accuracy in making the representations above and in
the Application; and,

4. The Applicant’s payment of outstanding DEQ costs in excess of the application fee.

EWA #202 - The Paxton
Page 3

The Applicant will be billed for any outstanding costs under separate cover. Should there be any
questions regarding this letter, please contact Allison Stanley of the Division of Environmental
Response and Remediation at [phone].

Sincerely,

Kimberly D. Shelley
Executive Director

Enclosure(s): Reasonable Steps

ecc: Angela Dunn, MD, MPH, Executive Director, Salt Lake County Health Department
Kimberlee McEwan, Utah Attorney General’s Office
EWA #202 - The Paxton
Page 4

REASONABLE STEPS

SITE NAME: The Paxton

STREET ADDRESS: 215 West Paxton Avenue, Salt Lake City, Utah

REASONABLE STEPS REQUIREMENTS:

In addition to complying with the representations in the Conditional Enforceable Written
Assurance letter to which this document is attached, the Applicant will also comply with the
following Reasonable Steps for the proposed mixed land use:

1. The Applicant will submit an application to the Department of Environmental Quality
(DEQ) for participation in the Voluntary Cleanup Program (VCP) as soon as
reasonably practicable. The applicant will comply with all obligations under the VCP
including reimbursement of DEQ oversight costs, meeting applicable or relevant and
appropriate regulatory standards, addressing the nature and extent of contamination,
closing all exposure pathways including vapor intrusion pathways, and submitting
and obtaining acceptance of workplans for characterization, remediation and site
management (including institutional controls which may require an environmental
covenant approved by the DEQ).

2. The Applicant shall, through its efforts in the VCP, obtain from the DEQ a Certificate
of Completion (COC) as soon as reasonably practicable. Such COC will be issued by
the DEQ upon completion and resolution of the agreed upon actions as noted in the
Voluntary Cleanup Agreement and accepted workplans for the Property.

3. The Applicant represents that it will comply with Rule 311-600; will exercise
appropriate care by taking reasonable steps to stop any continuing releases, prevent
any threatened future releases, and prevent or limit human, environmental or natural
resource exposure to earlier releases; will cooperate and provide access to persons
authorized to investigate and take response actions on the Property; and will
implement institutional controls.