DERR-2024-012421

_6771339.1
LEAKING UNDERGROUND STORAGE TANK AGREEMENT

This Leaking Underground Storage Tank Agreement (“Agreement”) is made between the
Director (“Director”) of the Division of Environmental Response and Remediation (“DERR”) within the
Utah Department of Environmental Quality (“UDEQ”) and CTP DEV, LLC, the current property owner
(“Owner”) of the former underground storage tank (“UST”) facility, ABF Freight Terminal, located at 55
South Redwood Road, Salt Lake City known as Facility No. 4001342 (“Facility”) in the DERR files. The
Director and the current property owner are jointly referred to herein as the “Parties.”

RECITALS

1. On April 26, 1988, the DERR received a report of a petroleum release at the Facility from
underground storage tanks (“USTs”) formerly owned and/or operated by National Warehouse
Investment Company. The DERR assigned the release identification FFQ (“Release”).

2. At the time of the Release, there were 14 USTs at the Facility. Three USTs were closed in place
in 1988. Four USTs were closed in place, and two were removed from the ground in 1992. One
UST was removed from the ground in 1995. Owner is not considered the responsible party for the
Release from the USTs at the Facility.

3. As the current property owner but not the responsible party for the Release from the 14 USTs at
the Facility, Owner is voluntarily willing to perform the environmental work to remedy the
Release pursuant to the Utah Underground Storage Tank Act and applicable regulations subject to
DERR oversight (“Voluntary Work”).

PURPOSE

4. The purpose of this Agreement is to set forth the terms under which the Director is prepared to
provide oversight for Owner’s Voluntary Work.

AUTHORITY

5. The Director’s authority to approve this Agreement is based upon his authority to administer the
Underground Storage Tank Act, Utah Code Ann. § 19-6-404(1).

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

6. Owner shall oversee the Voluntary Work necessary to investigate and, if necessary, remediate the
Release, and shall submit information, proposed plans, reports, sampling results, and all other
required submissions to the DERR in accordance with applicable laws, rules, policies and
guidelines for petroleum releases from leaking USTs (“LUSTs”).

7. Owner shall use a Utah certified PST consultant and any other individual required to be
certified to perform the Voluntary Work at the Facility.

8. The DERR will provide agency oversight of the investigation and/or remediation performed in
accordance with applicable laws, rules, policies and guidelines for petroleum releases from
LUSTs.

_6771339.1
9. Owner shall reimburse the DERR for all costs incurred or obligated by the DERR in providing
agency oversight under this application at the rate set by the Utah Legislature and in effect at the
time the cost was incurred or obligated. As of the date of this Agreement, the rate established for
oversight and review is currently $125.00 per hour. In the event this Agreement is terminated,
Owner agrees to reimburse the DERR for all costs incurred or obligated by the DERR before
notice of termination.

10. The DERR will track its costs for oversight and review and will provide invoices at the address
listed in paragraph 13, below. Owner will pay the invoiced costs within 30 days of the invoice
date. If payment is not made within the specified timeframe, the DERR may request the Utah
Attorney General’s Office to bring an action to recover all costs allowed by law. Checks shall be
made payable to the DERR and shall reference the facility name and release number set forth
above. Checks shall be mailed to the DERR, Attn: Tom Kingston, PO Box 144840, Salt Lake
City, Utah 84114-4840.

11. Owner may unilaterally terminate this Agreement by providing written notice to the DERR at the
address provided in paragraph 10, above. The Director may unilaterally terminate this
Agreement by mailing written notice to Owner at the address provided in paragraph 13, below.
Notice is effective upon mailing.

12. Owner’s address for purposes of notice and invoicing is:

CTP DEV, LLC
9350 S. 150 E., Suite 900
Sandy, Utah 84070
Attn: Legal Department
[e-mail]

13. Until such time as the Director issues a no further action letter for this Facility, Owner hereby
grants to the employees, authorized representatives, consultants, and contractors of the UDEQ
access, including ingress and egress, to the Facility to inspect Owner’s Voluntary Work, effective
immediately and terminating effective concurrently with the termination of this Agreement or the
issuance of a no further action letter for this Facility by the Director.

14. When the Director determines that Owner’s submissions of information and documentation
indicate that the petroleum release meets closure standards when evaluated pursuant to applicable
laws, rules, policies, guidelines, standards and procedures for petroleum releases, the Director
will issue a No Further Action letter. However, the Director may decline to issue the letter
until all fees that have been incurred or obligated by the DERR for oversight and review have
been paid.

15. In providing environmental project technical assistance and agency oversight services hereunder,
the DERR and the Director cannot and do not waive any governmental immunity afforded by law
particularly and from the Governmental Immunity Act of Utah.

16. The Parties reserve whatever rights each may have unless specifically released herein.

17. This Agreement is effective upon the date signed by the Director.

_6771339.1

DIVISION OF ENVIRONMENTAL RESPONSE AND REMEDIATION

___________________________________ ________________________
Brent H. Everett Effective Date
Director

CTP DEV, LLC

___________________________________ ________________________
Brad Holmes, President Date

9/11/2024
10/07/2024