DERR-2025-004136

SALT LAKE CITY CORPORATION –CONTRACT ROUTING FORM
CITY SIGNATURE AND RECORDING PROCESS
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STEP 2 CITY ATTORNEY’S OFFICE – Final Approval
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provide the City Recorder
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CA-005962 N/A
DEPARTMENT OF ENVIRONMENTAL QUALITY VOLUNTARY CLEANUP AGREEMENT Executive Director of the Utah Department of Environmental Quality
4
Allison Parks, Deputy City Attorney 4
4
4
Jeanette Hartvigsen Procurement 6322
05/18/2025
VCP Agreement 1
DEPARTMENT OF ENVIRONMENTAL QUALITY
VOLUNTARY CLEANUP AGREEMENT
I. INTRODUCTION

A. This Agreement is entered into voluntarily by The Other Side Academy and Salt
Lake City Corporation, collectively referred to as “Applicant” and the Executive Director of the
Utah Department of Environmental Quality (DEQ). This Agreement is not and shall not be
construed as an admission of any liability under the Utah Solid and Hazardous Waste Act or any
other law or as a waiver of any defense to such liability. No approval hereunder or receipt of funds
hereby shall be taken as a warranty as to sufficiency or efficacy of the response action. The purpose
of this Agreement is to detail the obligations and functions of each party, related to the voluntary
cleanup process at the Site as defined in Section IV. The Site name is The Other Side Village Phase
2. The Site is located at 1882 West Indiana Avenue, Salt Lake City, Salt Lake County, Utah. The
Site Voluntary Cleanup Program (VCP) number is #136. The Site legal description submitted by
the Applicant is attached and incorporated herein as Exhibit “A”.

B. The activities conducted by the Applicant under this Agreement are subject to
approval by the DEQ. The activities by the Applicant shall be consistent with this Agreement, all
applicable laws and regulations and any appropriate guidance documents. The Applicant shall
employ sound scientific, engineering and construction practices.

II. STATEMENT OF ELIGIBILITY
A. The Executive Director has determined that the application submitted by the
Applicant is complete and that the Applicant is eligible to participate in the VCP established under
Title 19, Chapter 8 of the Utah Code. If the Executive Director determines that the Applicant
withheld or misrepresented information that would be relevant to the Applicant’s eligibility, the
Executive Director may exercise the right to withdraw from this Agreement.

III. PARTIES BOUND

A. This Agreement shall apply to and be binding upon the Applicant, its officers,
directors, principals, employees, receivers, trustees, agents, successors, subsidiaries, and assigns
and upon the DEQ, its employees, agents and successors. The signatories to this Agreement certify
that they are fully authorized to execute and legally bind the parties they represent. No change in
ownership, corporate, or partnership status of the Applicant shall in any way alter its status or
responsibilities under this Agreement unless the Applicant or the DEQ withdraws from this
Agreement.

B. The Applicant shall provide a copy of this Agreement to any subsequent owners or
successors and shall provide written notice to the DEQ before ownership rights are transferred
during the term of this Agreement. The notice of transfer shall include the name, address and
telephone number of the purchaser and the anticipated date of the transfer. The notice of transfer
does not constitute a notice of termination unless the intent to terminate is expressly stated. The
CA-005962
VCP Agreement 2
Applicant shall provide a copy of this Agreement to all contractors, subcontractors, laboratories,
and consultants which are retained to conduct any work performed under this Agreement, within
fourteen (14) days after the effective date of this Agreement or within 14 days of the date of
retaining their services.

C. This Agreement may be assigned to subsequent owners with the discretionary
consent of the Executive Director.

IV. DEFINITIONS/GLOSSARY

“Applicant” means The Other Side Academy and Salt Lake City Corporation.

There are two applicants: The Other Side Academy and Salt Lake City Corporation. The
Applicants and the DEQ agree that The Other Side Academy shall take lead in the dealing with
administrative, technical and financial issues under the program and shall serve as the primary
contact between the Applicants and the DEQ. The Other Side Academy shall coordinate as
necessary with Salt Lake City Corporation. However, both Applicants are jointly responsible for
the work conducted, the representations made and the costs incurred under the program. The DEQ
will copy Salt Lake City Corporation in its correspondence with The Other Side Academy.

“RAP” means Remedial Action Plan.
“Site” means the area described in the VCP application, or as may be amended through
amendment to this Agreement.
“SMP” means Site Management Plan.
“VCP” means Voluntary Cleanup Program.
“DEQ” means Utah Department of Environmental Quality.

V. ADDRESSES FOR ALL CORRESPONDENCE
A. Documents, including workplans, reports, approvals, notifications, disapprovals,
and other correspondence to be submitted under this Agreement, may be sent by facsimile,
electronic mail, certified mail, return receipt requested, hand delivery, overnight mail or by courier
service to the following addresses or to such addresses as the Applicant or the DEQ may designate
in writing.
VCP Agreement 3
B. Documents to be submitted to the DEQ should be sent to:

Department Representative:

Allison Stanley, Project Manager
Division of Environmental Response and Remediation
195 North 1950 West
Salt Lake City, Utah 84116
Phone Number: (385)-391-8134
Facsimile Number: [phone]
E-mail Address: [e-mail]

C. Documents to be submitted to the Applicant should be sent to:

Applicant Representatives:

Tim Stay
The Other Side Academy
667 East 100 South
Salt Lake City, Utah 84102
Phone Number: [phone]
E-mail Address: [e-mail]
Catherine Wyffels
Salt Lake City Corporation
451 South State Street, Room 404
Salt Lake City, Utah 84114
Phone Number: [phone]
E-mail Address: [e-mail]
VI. COMPLIANCE WITH APPLICABLE LAWS

A. All work undertaken by the Applicant pursuant to this Agreement shall be
performed in compliance with all applicable federal, state and local laws, ordinances and
regulations, including, but not limited to, all applicable Occupational Safety and Health
Administration, Department of Transportation, and Utah groundwater laws and regulations, and
the Resource Conservation and Recovery Act and implementing regulations. In the event of a
conflict in the application of federal, state, or local laws, ordinances and regulations, the Applicant
shall comply with the more/most stringent of such laws, ordinances, or regulations, unless
provided otherwise in writing by the DEQ. Federal requirements shall be followed if they are the
more/most stringent. However, as provided in Utah Code Section 19-8-114, a state or local
environmental permit shall not be required, although the Applicant must coordinate with ongoing
federal and state hazardous waste programs and must comply with the substantive requirements of
an otherwise required state permit. Where it is determined that a permit is required under federal
law, the Applicant shall submit timely and complete applications and take all other actions
VCP Agreement 4
necessary to obtain all such permits or approvals. The Applicant shall be responsible for obtaining
all federal permits required under federal law, including but not limited to permits required under
programs delegated to the State, which are necessary for the performance of any work hereunder.

VII. APPLICABLE STATUTES AND RULES

A. With the exception of the permit requirements identified in paragraph VI.A above,
the VCP rules and the rules promulgated pursuant to the statutes identified in Exhibit “B” are
specifically designated as being directly applicable for the Site and must be followed. Other
statutes and rules may subsequently be designated as applicable by the DEQ to the extent that
conditions discovered at the Site would be governed by such other rules.

VIII. SUBMITTALS AND SCHEDULES

A. The Applicant shall submit a quarterly status report, which details activities
completed for the previous quarter and those planned for the upcoming quarter. The Applicant’s
representative and the DEQ’s representative shall communicate and provide each other with
frequent status updates via telephone, written correspondence, e-mail and/or other accepted means
such that the parties are aware of the current project status and dates for pertinent
activities/milestones, including specific deliverables, field activities and review/project schedules.

B. The schedule for submittals and reviews shall be as follows (NOTE: The time
frames and process specified below may be modified or adjusted to meet the objectives of the
project with the DEQ’s approval).
Within 45 days of receipt of the DEQ’s Environmental Assessment review comments, the
Applicant shall address the comments and submit to the DEQ a final Environmental Assessment
along with a proposed Site Characterization Workplan and schedule for the characterization of the
Site and the subsequent delineation of the nature and extent of contamination.

Within 45 days after receipt of the proposed Site Characterization Workplan, the DEQ will approve
the proposed Site Characterization Workplan in writing or provide the Applicant with comments
requesting any further information that may be required to complete the Site Characterization
Workplan. The parties will work to finalize the Site Characterization Workplan. The approved
Site Characterization Workplan should be implemented as soon as possible after the DEQ
acceptance of the Site Characterization Workplan.
In accordance with the project schedule, the Applicant shall submit a Site Characterization Report
detailing the results of investigation activities conducted in conjunction with the approved
workplan. The Site Characterization Report shall document the investigation activities and
include, at a minimum, recommendations for further characterization, remedial action(s) with
monitoring or no further action based upon the results of the characterization.

The DEQ shall review the Site Characterization Report, agree or disagree with the Applicant’s
recommendation(s) and provide the Applicant with comments regarding the Site Characterization
Report. The parties shall work to finalize the Site Characterization Report should changes be
VCP Agreement 5
necessary. The Applicant may need to submit multiple Site Characterization Workplans and Site
Characterization Reports to document the site characterization activities and delineation of the
nature/extent of contamination.

If the site characterization demonstrates that contaminants have been released on and potentially
migrated off-site above Screening Levels or other published standards, the Applicant shall
adequately delineate the extent of contamination for the purposes of evaluating the risk, managing
the on-site and off-site contaminant impact and potentially remediating the impact. The
delineation shall be completed in conjunction with the site characterization activities and
documented in the Site Characterization Report.

Upon successful completion of the characterization, the parties shall determine if further action(s),
including remediation and/or on-going monitoring is necessary for the land use specified in this
Agreement and any off-site contaminant impact/migration. If further action(s) is warranted, the
Applicant shall submit a Remedial Action Plan (RAP) proposing activities to address the
contamination and all known areas contributing to the contamination. The decision to remediate
and monitor the Site will be evaluated in part based on the risk, the extent of contamination, the
contaminants of concern and the Applicant’s future land use. At a minimum, the RAP shall
propose a remedy to address the areas of concern, achieve site-specific cleanup goals, document
the remediation objectives and make provisions for public comment on the remedy. The Applicant
can choose to conduct a site-specific risk assessment or cleanup to generic screening criteria. Risk-
based cleanups are acceptable under the VCP and cleanups are tied to land use and address all
exposure pathways. The RAP should be implemented as soon as possible after a public comment
period and public comments, if any, have been addressed and the DEQ accepts the document.
Upon completion of the remedial action(s), the Applicant shall submit a Final Report/Remedial
Action Report documenting, among other items, that the RAP was implemented as proposed and
that the site-specific cleanup goals have been achieved, the areas of concern have been addressed
and the terms of this Agreement have been successfully completed. The DEQ shall work with the
Applicant to finalize the Final Report/Remedial Action Report. The Applicant may need to submit
multiple RAPs and Final Report/Remedial Action Reports to document the completion of the
cleanup.

It is acceptable to conduct the site-specific risk assessment and cleanup in a phased approach under
the VCP. The objectives of the phased approach should meet the criteria specified in this
Agreement. If additional phases are necessary in order to characterize, remediate and document
the remediation of the Site and any contaminants that may have been released on and potentially
migrated off-site, the Applicant shall submit an additional workplan(s) and schedule(s) to
adequately address the contamination for the purposes of completing the voluntary cleanup of the
Site. A report(s) shall be submitted after the implementation of each workplan(s) documenting
the results of the field activities. The review of the workplan(s) and report(s) shall be conducted
as described above and the DEQ will review and approve all proposed workplans and reports in
writing or provide the Applicant with comments requesting further information that may be
necessary to complete the documents.
VCP Agreement 6
If residual soil and/or groundwater contamination remains at the Site and/or the neighboring
property(s) after completion of the Applicant’s site characterization and remedial action, the
Applicant shall submit a Site Management Plan (SMP) detailing how the remaining contamination
will be managed. Among other items, the SMP should include provisions for risk management,
for groundwater monitoring, if necessary, for the continued evaluation of the effectiveness of the
remedy and any institutional controls and for the development of a Contingency Plan in the event
that the proposed remedy is not effective and further corrective actions are necessary to address
the contamination. The SMP should also include provisions for continued Site access to monitor
compliance with the terms of the document and to reimburse the DEQ for oversight costs incurred
during the review of pertinent information related to the implementation of the SMP.

The accepted workplan(s), schedule(s) and report(s) as outlined above shall be incorporated as part
of this Agreement as set forth herein and shall document the work that the Applicant is proposing
in order to characterize, remediate and manage residual contamination at the Site in accordance
with the land use established in this Agreement. The DEQ will collect split and oversight samples
during the terms of this Agreement to evaluate the Applicant’s sampling protocol and to confirm
the data reported during the site characterization, remediation and site management phases of the
project. The Applicant will be required to pay the oversight costs, among other costs detailed in
Section XIII, associated with the sampling, processing, and laboratory analysis. If one or more of
the site characterization activities, requirements and/or deliverables described above have been
completed prior to the Applicant’s application to the VCP and entry into this Agreement or are not
relevant to the project, the parties may proceed to the next general phase of the project with
concurrence from the DEQ.

Upon successful completion of the voluntary cleanup of the Site, the Applicant will be issued a
Certificate of Completion (COC).

C. The Applicant’s proposed future land use is described fully below:

The future land use of the Site is expected to be a tiny home community for unsheltered individuals.
The Site will be characterized and cleaned up to be protective of the future land use and the
Certificate of Completion will reflect the final land use and exposure scenario for the Site. An
amendment to this Agreement is not required to reflect the final land use and exposure scenario.
Residential Land Use:
The residential exposure scenario as described in the Risk Assessment Guidance for Superfund,
Volume I, Human Health Evaluation, Parts A and B shall be applicable. The residential exposure
scenario is defined as exposure of adults to incidental ingestion, inhalation, and dermal contact to
hazardous constituents for a duration of 30 years at a frequency of 350 days a year.

For the entire site, groundwater will not be accessed via wells, pits or sump for drinking water,
bathing and/or irrigation purposes. If residual soil or groundwater contamination remains at the
Site or on neighboring properties as a result of a release from the subject property, the Certificate
of Completion shall require the Applicant to implement and maintain the appropriate monitoring,
institutional control and risk management requirements outlined in the SMP. At a minimum, this
VCP Agreement 7
includes an Environmental Covenant and a figure showing the location of any remaining
contamination on the Site. A contingency plan will be incorporated into the SMP to ensure that
the integrity of the remedy will be maintained upon the completion of remedial activities. The
contingency plan will also address any future anticipated impact(s) to the Site and potential failures
of the remedy.

IX. DESIGNATED PROJECT MANAGER

A. On or before the effective date of this Agreement, the DEQ and the Applicant shall
each designate a project manager. Each project manager shall be responsible for overseeing the
implementation of this Agreement. The DEQ project manager will be the DEQ designated
representative for the Site. To the maximum extent possible, communications between the
Applicant and the DEQ and all documents (including reports, approvals, and other
correspondence) concerning the activities performed pursuant to the terms and conditions of this
Agreement shall be directed through the project managers. During implementation of this
Agreement, the project managers shall, whenever possible, operate by consensus and shall attempt
in good faith to resolve disputes informally through discussion of the issues. Each party has the
right to change its respective project manager by notifying the other party in writing within five
(5) days of the change.

X. ACCESS
A. To the extent that the Site or other areas where work is to be performed hereunder
is presently owned or controlled by parties other than those bound by this Agreement, the
Applicant shall obtain, or shall use its best efforts to obtain, access agreements from the present
owners. Best efforts shall include at a minimum, a certified letter from Applicant to the present
owner of such property requesting access agreements to permit the Applicant, the DEQ and their
authorized representative’s access to such property. Any such access agreements shall be
incorporated by reference into this Agreement. Such agreements shall provide access for the DEQ
and authorized representatives of the DEQ, as specified below. In the event that such access
agreements are not obtained, the Applicant shall so notify the DEQ, which may then, at its
discretion, assist the Applicant in gaining access.
B. The Applicant grants authorized representatives of the DEQ irrevocable access to
the Site and other areas where work is to be performed during the period this Agreement is in
effect. The DEQ shall provide the Applicant a list of its authorized representatives. The Applicant
shall also permit the DEQ’s authorized representatives to inspect and copy all records, files,
photographs, documents, and other writings, including all sampling and monitoring data, which
pertain to the subject matter of this Agreement and over which the Applicant exercises control.
All persons with access to the Site pursuant to this Agreement shall comply with submitted health
and safety plans. The DEQ does not approve health and safety plans.

XI. DISPUTE RESOLUTION

A. This section (Dispute Resolution) shall apply to any dispute arising under any
section of this Agreement, unless specifically excepted. It should be noted, that the Executive
VCP Agreement 8
Director or the Applicant may terminate this Agreement as provided for in Section 19-8-109 Utah
Code.

B. The parties shall use their best effort to, in good faith, resolve all disputes or
differences of opinion informally. If, however, disputes arise concerning this Agreement which
the parties are unable to resolve informally, the complaining party may present written notice of
such dispute to the other party and set forth specific points of dispute and the position of the
complaining party. This written notice shall be submitted no later than five (5) calendar days after
the complaining party discovers the project managers are unable to resolve the dispute. The
complaining party’s project manager shall notify the other party’s project manager immediately
by phone or other appropriate methods of communication prior to written notice, when he/she
believes the parties are unable to resolve a dispute.

C. Within ten (10) days of receipt of such a written notice, the party who received the
written notice shall provide a written response to the complaining party setting forth its position
and the basis therefore. During the five (5) calendar days following the receipt of the response,
the parties shall attempt to negotiate in good faith a resolution of their differences. If during this
negotiation period, the party who received the notice of dispute concurs with the position of the
complaining party, the party who received the notice of dispute shall notify the complaining party
in writing and this Agreement shall be modified to include any necessary extensions of time or
variances of work.

D. Following the expiration of the previously described time periods, if no resolution
of the disputed issue(s) has been reached, the party who received the written notice of dispute or a
designee, shall make a written determination regarding the dispute, based upon and consistent with
the terms of this Agreement, and shall provide such written determination to the other party.
E. At this juncture, if dispute resolution fails, and either or both parties exercise their
right to withdraw from this Agreement by giving 15 days advance written notice to the other, only
those costs incurred or obligated by the DEQ before notice of termination of the Agreement are
recoverable under this Agreement.

XII. COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
A. During the term of this Agreement, the DEQ will not bring an action against
Applicant for any violations of statutes or regulations for the specific violations or releases that
are being remediated by this Agreement or for costs or injunctive relief relating to the
contamination addressed by this Agreement, unless the Applicant withdraws from this Agreement
prior to completion of the cleanup. The applicable statute of limitations shall be tolled pending
completion of the cleanup or termination of this Agreement. A responsible party who has
successfully completed this Agreement shall be given a Certificate of Completion as provided in
Section 19-8-111 of the Utah Code. Non-responsible party Applicants have a release from liability
upon issuance of the Certificate of Completion subject to statutory conditions in Utah Code Section
19-8-113.
VCP Agreement 9
B. The DEQ and the Applicant reserve all rights and defenses they may have pursuant
to any available legal authority unless expressly waived herein.

C. Nothing herein is intended to release, discharge, or in any way affect any claims,
causes of action or demands in law or equity which the parties may have against any person, firm,
partnership or corporation, not a party to this Agreement for any liability it may have arising out
of, or relating in any way to the generation, storage, treatment, handling, transportation, release or
disposal of any materials, hazardous substances, hazardous waste, contaminants or pollutants at,
to or from the Site. The parties to this Agreement expressly reserve all rights, claims, demands,
and causes of action they have against any and all other persons and entities who are not parties to
this Agreement, and as to each other for matters not covered hereby.

D. The Applicant reserves the right to seek contribution, indemnity, or any other
available remedy against any person other than the DEQ found to be responsible or liable for
contribution, indemnity or otherwise for any amounts which have been or will be expended by the
Applicant in connection with the Site.

XIII. ADMINISTRATIVE COSTS

A. The Applicant agrees to reimburse the DEQ for all of its costs associated with
implementation of this Agreement in accordance with Utah Code Section 19-8-108.

B. The DEQ will track all costs to the DEQ for review and oversight activities related
to the Site and provide monthly invoices to the Applicant, per this Agreement for said costs. If the
DEQ costs are less than the application fee set forth in the fee schedule the remaining balance in
the Site account will not be refunded. The Applicant shall pay these invoiced costs to the DEQ
within 30 days after the date the Applicant receives notice that these costs are due and owing. If
payment is not made within thirty days, the DEQ may request that the attorney general bring action
to recover all costs allowed by law.
C. Checks shall be made payable to the Utah Department of Environmental Quality
and be mailed along with a transmittal letter stating the Site name and VCP number identified in
section I.A. Introduction of this Agreement, and addressed to the Utah Department of
Environmental Quality; Attention: Voluntary Cleanup Program, 195 North 1950 West, Salt Lake
City, Utah, 84116.
D. In the event that this Agreement is terminated for any reason, Applicant agrees to
reimburse the DEQ for all costs incurred or obligated by the DEQ before notice of termination of
this Agreement.

XIV. NOTICE OF BANKRUPTCY

A. Upon filing a voluntary bankruptcy petition, the Applicant shall notify the DEQ of
the filing of the petition. In the case of an involuntary bankruptcy petition, the Applicant shall
give notice to the DEQ as soon as it acquires knowledge of such petition.
VCP Agreement 10
XV. INDEMNIFICATION

A. The Applicant agrees to indemnify and save and hold the State of Utah, its agencies,
successors, departments, agents, and employees, harmless from any and all claims, damages, or
causes of action arising from, or on account of, the negligent acts or omissions of the Applicant,
its officers, directors, principals, employees, receivers, trustees, agents, successors, subsidiaries,
and assigns in carrying out the activities pursuant to this Agreement.

XVI. EFFECTIVE DATE AND SUBSEQUENT MODIFICATION

A. The effective date of this Agreement shall be the date on which this Agreement is
signed by the Executive Director of the DEQ or his authorized representative.

B. This Agreement may be amended by mutual agreement of the DEQ and the
Applicant. Amendments shall be in writing and shall be effective when signed by the Executive
Director of the DEQ or his authorized representative.

XVII. TERMINATION AND SATISFACTION

A. The provisions of this Agreement shall be satisfied when the DEQ gives the
Applicant written notice in the form of a Final Certificate of Completion that the Applicant has
demonstrated to the DEQ’s satisfaction that all terms of this Agreement have been completed,
including the selection and implementation of a remedial action, when appropriate.
B. Nothing in this Agreement shall restrict the State of Utah from seeking other
appropriate relief to protect human health or the environment from pollution or contamination at
or from this Site not remediated in accordance with this Agreement.

C. Either party may terminate this Agreement by giving 15 days advance written
notice to the other party. The Applicant shall remain responsible for all costs reasonably incurred
or obligated by DEQ prior to DEQ’s receipt or issuance of the Notice of Termination.
VCP Agreement 11
XVIII. SIGNATURES

APPLICANT:

The Other Side Academy

By: Name:
(signature of authorized representative) (print or type)

Date: Title:
Tim Stay
05/07/2025 Director
VCP Agreement 12
APPLICANT:

Salt Lake City Corporation

By: Name:
(signature of authorized representative) (print or type)

Date: Title:

Approved as to Form
Salt Lake City Attorney’s Office

By: Name:
(signature of authorized representative) (print or type)

Date: Title:

Attest and countersigned
Salt Lake City Recorder’s Office

By: Name:
(signature of authorized representative) (print or type)

Date: Title:

Debbie Lyons
05/07/2025 Sustainability Director
Allison Parks
05/08/2025 Deputy City Attorney
Keith Reynolds (May 21, 2025 11:01 MDT)
Keith Reynolds Keith Reynolds
05/21/2025 City Recorder
RECORDED
VCP Agreement 13
DEPARTMENT OF ENVIRONMENTAL QUALITY

By: Name: Brent H. Everett
(signature of authorized representative)

Date: Title: Director - Division of Environmental
Response and Remediation

List of Attachments:

Exhibit A: Site Legal Property Description.
Exhibit B: List of Applicable Statutes and Rules.
05/21/2025
VCP Agreement 14
EXHIBIT A.

The Other Side Village Phase 2 VCP SITE
LEGAL PROPERTY DESCRIPTION
CA-005962
VCP Agreement 15
Legal Description

Site Location: 1882 West Indiana Avenue, Salt Lake City, Salt Lake County, Utah 84104

Parcel Numbers: Portions of 15-10-101-001-0000 and 15-03-351-003-0000

Legal Description:

A parcel of land lying and situated in the Southwest Quarter of Section 3 and the Northwest
Quarter of Section 10, Township 1 South, Range 1 West, Salt Lake Base and Meridian, more
particularly described as follows:

Beginning at a point on the north line of said Section 10 being 903.55 feet North 89°47’54” East
from the Northwest corner of said Section 10 and running thence North 00°05’12” West 20.70 feet;
thence North 15°28’31” West 478.59 feet; thence North 89°52’50” East 875.01 feet; thence South
00°05’12” East 1042.63 feet; thence South 89°54’48” West 41.02 feet; thence South 00°05’12”
East 5.00 feet; thence southwesterly 41.64 feet along the arc of a 25.00 foot radius curve to the
right, through a central angle of 95°26’26”, chord bears South 47°38’02” West 36.99 feet; thence
North 84°38’45” West 11.42 feet; thence northwesterly 20.42 feet along the arc of a 40.00 foot
radius curve to the right, through a central angle of 29°15’18”, chord bears North 70°01’06” West
20.20 feet; thence North 56°04’28” West 34.63 feet; thence northwesterly 143.38 feet along the arc
of a 260.00 foot radius curve to the left, through a central angle of 31°35’49”, chord bears North
71°52’06” West 141.57 feet; thence North 87°40’01” West 49.66 feet; thence westerly 17.67 feet
along the arc of a 510.00 foot radius curve to the left, through a central angle of 1°59’05”, chord
bears North 88°39’34” West 17.67 feet; thence northwesterly 36.88 feet along the arc of a 25.00
foot radius reverse curve to the right, through a central angle of 84°30’42”, chord bears North
47°23’45” West 33.62 feet; thence North 05°08’25” West 5.00 feet; thence South 84°51’35” West
20.00 feet; thence South 05°08’25” East 5.00 feet; thence southerly 183.58 feet along the arc of a
590.00 foot radius curve to the right, through a central angle of 17°49’40”, chord bears South
03°46’25” West 182.84 feet; thence South 12°28’37” West 552.91 feet; thence South 11°57’06”
West 26.36 feet; thence westerly 168.06 feet along the arc of a 599.50 foot non-tangent curve to the
left, through a central angle of 16°03’42”, chord bears North 86°04’44” West 167.51 feet; thence
southwesterly 36.76 feet along the arc of a 24.50 foot radius compound curve to the left, through a
central angle of 85°58’36”, chord bears South 42°54’07” West 33.41 feet; thence South 00°05’12”
East 5.64 feet to the northeasterly line of the Union Pacific Railroad right of way; thence, along
said northeasterly line of the Union Pacific Railroad right of way, North 74°11’41” West 785.40
feet to the easterly right of way of Interstate 215 and a point of non-tangency with a 4009.72 foot
radius curve to the left; thence northerly 350.00 feet along the arc of said curve, through a central
angle of 5°00’04”, chord bears North 01°42’59” West 349.89 feet; thence South 74°11’41” East
541.51 feet; thence North 53°06’04” East 247.67 feet; thence North 00°05’12” West 696.00 feet to
the Point of Beginning.

Contains 1,280,285 Square Feet or 29.391 Acres.

Basis of Bearing is North 89°47’54” East between the Northwest Corner and the North Quarter
Corner of Section 10, Township 1 South, Range 1 West, Salt Lake Base and Meridian.
VCP Agreement 16
EXHIBIT B.

The Other Side Village Phase 2 VCP SITE
LIST OF APPLICABLE STATUTES AND RULES
CA-005962
VCP Agreement 17
List of Applicable Statutes and Rules

Utah Code 19-6-401 et seq. (Underground Storage Tank Act and rules promulgated thereunder
(Utah Admin Code, R311)) and the Corrective Action Cleanup Standards Policy Per UST and
CERCLA Acts, Utah Admin. Code, R311-211.
Utah Code 19-6-101 et seq. (Solid and Hazardous Waste Act and rules promulgated thereunder
(Utah Admin Code, R315)).
Utah Code 19-5-101 et seq. (Water Quality Act and rules promulgated thereunder (Utah Admin
Code, R317)).
Utah Code 19-2-101 et seq. (Air Conservation Act and rules promulgated thereunder (Utah Admin
Code, R307)).
Utah Code 57-25-101 et seq. (Uniform Environmental Covenants Act).
40 CFR Part 763 subpart E, Asbestos Containing Material.
40 CFR Part 61 subpart FF, Benzene Waste Operations.
The Other Side Village Phase 2 Voluntary
Cleanup Agreement
Interim Agreement Report 2025-05-16
Created:2025-05-07
By:Elisa Smith ([e-mail])
Status:Out for Signature
Transaction ID:CBJCHBCAABAAe60Q976kNsvNoKJjAtmw2Vr7_zlatWoV
Agreement History
Agreement history is the list of the events that have impacted the status of the agreement prior to the final signature. A final audit report will
be generated when the agreement is complete.
"The Other Side Village Phase 2 Voluntary Cleanup Agreement"
History
Document created by Elisa Smith ([e-mail])
2025-05-07 - 7:12:54 PM GMT- IP address: 168.178.40.33
Document emailed to Tim Stay ([e-mail]) for signature
2025-05-07 - 8:13:30 PM GMT
Email viewed by Tim Stay ([e-mail])
2025-05-07 - 8:27:20 PM GMT- IP address: 104.28.48.218
Document e-signed by Tim Stay ([e-mail])
Signature Date: 2025-05-07 - 8:28:00 PM GMT - Time Source: server- IP address: 172.59.153.212
Document emailed to Debbie Lyons ([e-mail]) for signature
2025-05-07 - 8:28:03 PM GMT
Email viewed by Debbie Lyons ([e-mail])
2025-05-07 - 8:29:05 PM GMT- IP address: 104.47.64.254
Document e-signed by Debbie Lyons ([e-mail])
Signature Date: 2025-05-07 - 8:30:20 PM GMT - Time Source: server- IP address: 204.124.13.151
Document emailed to Allison Parks ([e-mail]) for signature
2025-05-07 - 8:30:28 PM GMT
CA-005962
Email viewed by Allison Parks ([e-mail])
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Document e-signed by Allison Parks ([e-mail])
Signature Date: 2025-05-08 - 7:24:35 PM GMT - Time Source: server- IP address: 216.160.246.163
Document emailed to Keith Reynolds ([e-mail]) for signature
2025-05-08 - 7:24:37 PM GMT
Signature:
Email:[e-mail]
DEPARTMENT OF ENVIRONMENTAL
QUALITY VOLUNTARY CLEANUP
AGREEMENT
Interim Agreement Report 2025-05-19
Created:2025-05-16
By:Jeanette Hartvigsen ([e-mail])
Status:Out for Signature
Transaction ID:CBJCHBCAABAAI1vYcQwOJSMWZwj7Q-AkT7VzblRLQphY
Agreement History
Agreement history is the list of the events that have impacted the status of the agreement prior to the final signature. A final audit report will
be generated when the agreement is complete.
"DEPARTMENT OF ENVIRONMENTAL QUALITY VOLUNTAR
Y CLEANUP AGREEMENT" History
Document created by Jeanette Hartvigsen ([e-mail])
2025-05-16 - 7:38:55 PM GMT
Document emailed to Jeanette Hartvigsen ([e-mail]) for signature
2025-05-16 - 7:42:44 PM GMT
Document e-signed by Jeanette Hartvigsen ([e-mail])
Signature Date: 2025-05-16 - 7:43:50 PM GMT - Time Source: server
Document emailed to Russell Sundquist ([e-mail]) for signature
2025-05-16 - 7:43:52 PM GMT
Email viewed by Russell Sundquist ([e-mail])
2025-05-16 - 7:50:17 PM GMT
Document e-signed by Russell Sundquist ([e-mail])
Signature Date: 2025-05-16 - 7:50:58 PM GMT - Time Source: server
Document emailed to Allison Parks ([e-mail]) for signature
2025-05-16 - 7:51:00 PM GMT
Email viewed by Allison Parks ([e-mail])
2025-05-18 - 6:19:14 PM GMT
Document e-signed by Allison Parks ([e-mail])
Signature Date: 2025-05-18 - 6:40:17 PM GMT - Time Source: server
Document emailed to [e-mail] for signature
2025-05-18 - 6:40:19 PM GMT
Email viewed by [e-mail]
2025-05-19 - 3:46:36 PM GMT