DERR-2025-003994

195 North 1950 West • Salt Lake City, UT
Mailing Address: P.O. Box 144810 • Salt Lake City, UT 84114-4810
Telephone [phone] • T.D.D. [phone]
www.deq.utah.gov
Printed on 100% recycled paper
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 May 6, 2022

Richard J. Angell
Parsons Behle & Latimer
201 South Main Street, Suite 1800
Salt Lake City, Utah 84111

Re: Enforceable Written Assurance (EWA) #189 for East 900 Townhomes Property,
Located at 4346, 4350, and 4360 South 900 East, Millcreek, Salt Lake County, Utah -
Parcel Numbers 22-05-176-002-0000 and 22-05-176-004-0000

Dear Mr. Angell:

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 The Collaborative 4350, a Series of Defy
Development, LLC (Applicant) intends to acquire. The Property, encompassing approximately
1.44-acres, is located in Millcreek, Salt Lake County, Utah as described in the above referenced
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.

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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 Reasonable Steps included as an attachment to this letter.

5. The Applicant represents that it will comply with Rule 311-600, 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.

Enforceable Written Assurance

This letter constitutes an Enforceable Written Assurance 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 Enforceable Written Assurance is
contingent upon:

1. The Applicant's compliance with the representations above and in 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.

The Applicant will be billed for any outstanding costs under separate cover. Should there be any
questions regarding this letter, please contact Leigh Anderson at [phone].

Sincerely,

Kimberly D. Shelley
Executive Director

Enclosure(s): Reasonable Steps

ecc: Jake Williams, Defy Development, LLC
Angela Dunn, MD, MPH, Executive Director, Salt Lake County Health Department
Kimberlee McEwan, Utah Attorney General’s Office