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HomeMy WebLinkAboutDERR-2025-007031SALT LAKE CITY CORPORATION –CONTRACT ROUTING FORM CITY SIGNATURE AND RECORDING PROCESS City Agreement #: CA-006668 Workday* ID #: P-0045652 Contract Title: DEQ for Fleet Block Site Eligibility and Agreement External Party: UTAH STATE DEPARTMENT OF ENVIRONMENTAL QUALITY Department Project/ Reference Number: Monitor: Catherine Wyffels Please complete your step and forward to the next step. STEP 1 FINANCE – Encumber Funds Funds are available, Workday Requisition Number: OR Funds are available, Workday Project Number: If in Workday, Finance signature is not required on Routing Form OR ✔ I certify that no encumbrance is required at this time and any future encumbrance will be checked against available budget in Workday Finance’s Signature: Date: STEP 2 CITY ATTORNEY’S OFFICE – Final Approval Y N Attorney: Allison Parks, Senior City Attorney Insurance Required: ✔ Perf Bond Required: ✔ This document has been approved as to form: Paym Bond Required: ✔ Attorney’s Signature: Date: STEP 3 RECORDER’S OFFICE - Record Instructions: If this is an amendment - provide the City Recorder File Number (C 2023xxxx) and initial City Agreement Number (CA #) Name: Jeanette Hartvigsen Dept: Procurement Phone #: 6322 *Workday ID: May be left blank if the contract is not applicable to Workday If the agreement/contract was initiated in CAMP – please provide the initial CAMP Contract Number and PEID number below Prior CAMP Number: Prior PEID Number: 08/27/2025 195 North 1950 West • Salt Lake City, UT Mailing Address: P.O. Box 144840 • Salt Lake City, UT 84114-4840 Telephone (801) 536-4100 • Fax (801) 359-8853 • T.D.D. 800 346-3128 www.deq.utah.gov Printed on 100% recycled paper State of Utah SPENCER J. COX Governor DEIDRE HENDERSON Lieutenant Governor Department of Environmental Quality Tim Davis Executive Director DIVISION OF ENVIRONMENTAL RESPONSE AND REMEDIATION Brent H. Everett Director ERRC-176-25 August 12, 2025 Catherine Wyffels, Program Manager Salt Lake City 451 South State Street, Room 404 Salt Lake City, Utah 84114 RE: Fleet Block Site Eligibility and Agreement, Salt Lake City, Salt Lake County, Utah Dear Ms. Wyffels: The Utah Department of Environmental Quality (DEQ) has completed a review of the Voluntary Cleanup Program Application (Application) for the property known as Fleet Block (Site), located at 850 South 300 West, Salt Lake City, Salt Lake County, Utah. Based on the information included with the Application, the DEQ accepts the Site into the Voluntary Cleanup Program (VCP). Enclosed with this acceptance letter is a standardized Voluntary Cleanup Agreement (Agreement) that the DEQ is prepared to sign. In order to effectively operate the VCP with the resources available, the DEQ has standardized the Agreement in order to avoid negotiations on a site-specific basis. The Agreement is simply designed to facilitate a relationship between the parties involved in the interest of characterizing and remediating impacted property in a timely and efficient manner. Please note that the VCP is entirely voluntary and, as such, Salt Lake City may withdraw from the program or terminate the Agreement at any time and for any reason in a manner consistent with the statute. The Environmental Assessment submitted in conjunction with the VCP Application will be reviewed. The DEQ's comments on the document will be submitted under separate cover in the future. It is requested that the enclosed Agreement be signed as soon as possible such that the investigation and remediation of the Site may proceed as quickly and efficiently as possible. The Agreement has been sent to you via our electronic signature process. CA-006668 Page 2 Should you have any questions regarding this letter, the Agreement, or the voluntary cleanup process, please contact Allison Stanley, the Division of Environmental Response and Remediation project manager, at (801) 536-4100. Sincerely, Brent H. Everett, Director Division of Environmental Response and Remediation BHE/AS/jn Enclosure: Voluntary Cleanup Program Agreement cc: Tammy Hunsaker, Director, Community and Neighborhoods, Salt Lake City Allison Parks, Deputy City Attorney, Salt Lake City Ron Lund, Environmental Health Director, Salt Lake County Health Department Eric Peterson, Environmental Health Deputy, Salt Lake County Health Department VCP Agreement 1 DEPARTMENT OF ENVIRONMENTAL QUALITY VOLUNTARY CLEANUP AGREEMENT I. INTRODUCTION A. This Agreement is entered into voluntarily by Salt Lake City (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 Fleet Block. The Site address is 850 South 300 West, Salt Lake City, Salt Lake County, Utah 84101. The Site Voluntary Cleanup Program (VCP) number is #139. The Site legal description submitted . 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 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 Applicant shall provide a copy of this Agreement to all contractors, subcontractors, laboratories, by the Applicant is attached and incorporated herein as Exhibit "A" withheld or misrepresented information that would be relevant to the Applicant's eligibility, the CA-006668 VCP Agreement 2 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 Salt Lake City. to this Agreement. The Site does not include contamination that may be addressed under the Utah Petroleum Storage Tank Act, Utah Code § 19-6-401 et seq. (PST Act) and its implementing regulations, Utah Admin. Code R311-200 through R311-212. A Certificate of Completion issued under this Agreement will exclude contaminants from releases that may be subject to the PST Act. The following petroleum storage tank facilities and reported releases are specifically excluded from this Agreement: LUST Facility No. 4000835, Release IEQ; and LUST Facility No. 4001789, Release GRL. 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. 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: (801) 359-8853 "Applicant" means "RAP" means Remedial Action Plan. "Site" means the area described in the VCP application, or as may be amended through amendment "SMP" means Site Management Plan. "VCP" means Voluntary Cleanup Program. "DEQ" means Utah VCP Agreement 3 E-mail Address: allisonstanley@utah.gov C. Documents to be submitted to the Applicant should be sent to: Applicant Representative: Catherine Wyffels Salt Lake City 451 South State Street, Room 404 Salt Lake City, Utah 84114 Phone Number: (385) 418-4803 E-mail Address: Catherine.wyffels@slcgov.com 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 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 iden 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 her with tified in Exhibit "B" are 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 ot VCP Agreement 4 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 Within 4 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. 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 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 project with the DEQ's approval). 5 days of receipt of the DEQ's Environmental Assessment review comments, the The DEQ shall review the Site Characterization Report, agree or disagree with the Applicant's VCP Agreement 5 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. If residual soil and/or groundwater contamination remains at the Site and/or the neighboring 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 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 contaminants of concern and the Applicant's future land use. At a minimum, the RAP shall property(s) after completion of the Applicant's site characterization and remedial action, the during the terms of this Agreement to evaluate the Applicant's sampling protocol and to confirm VCP Agreement 6 Section XIII, associated with the sampling, processing, and laboratory analysis. If one or more of the site characterization activities, requirements and/or deliverables described 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 future land use is expected to consist of various parcels with streets, walkways, public open space, and mixed-use developments. 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. Commercial Land Use: Commercial/industrial uses will be consistent with the commercial/industrial worker exposure scenario as described in the Risk Assessment Guidance for Superfund, Volume I, Human Health Evaluation, Parts A and B. The commercial/industrial worker exposure scenario is described as: exposure to adults to incidental ingestion, inhalation, and dermal contact to hazardous constituents for duration of 25 years at a frequency of 250 days/year for 8 hours/day. Uses that include managed care facilities, hospitals or any type of business that would require a caretaker to reside on the facility are not approved as future uses in areas screened or cleaned up to commercial standards. Commercial industries that would expose children to hazardous constituents at the site for extended periods of time (such as day care and school facilities) are also not approved in areas screened or cleaned up to commercial standards. Residential uses are not approved for areas screened or cleaned up to commercial standards. Uses that are not approved as stated above would be inappropriate and unacceptable for the Site. Additional investigation and possible remediation would be required and the Agreement/COC amended before the Site could be used for uses that are not approved. 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. 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 above have been completed prior to the Applicant's application to the VCP and entry into this The Applicant's proposed future land use is described fully below: VCP Agreement 7 management requirements outlined in the SMP. At a minimum, this 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. For the entire site, groundwater will not be accessed via wells, pits or sump for drinking water, bathing and/or irrigation purposes. 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 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 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. authorized representative's access to such property. Any such access agreements shall be shall also permit the DEQ's authorized representatives to inspect and copy all records, files, VCP Agreement 8 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 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 y 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 complaining party's project manager shall notify the other party's project manager immediate! VCP Agreement 9 upon issuance of the Certificate of Completion subject to statutory conditions in Utah Code Section 19-8-113. 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. VCP Agreement 10 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. 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 mpleted, 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 demonstrated to the DEQ's satisfaction that all terms of this Agreement have been co or obligated by DEQ prior to DEQ's receipt or issuance of the Notice of Termination. VCP Agreement 11 XVIII. SIGNATURES APPLICANT: Salt Lake City By: _____________________________ Name: _____________________________ (signature of authorized representative) (print or type) Date: ____________________________ Title: ______________________________ Approved as to Form By: _____________________________ Name: _____________________________ (signature of authorized representative) (print or type) Date: ____________________________ Title: ______________________________ Attest and Countersigned Salt Lake By: _____________________________ Name: _____________________________ (signature of authorized representative) (print or type) Date: ____________________________ Title: ______________________________ Salt Lake City Attorney's Office City Recorder's Office CA-006668 09/03/2025 Sara Montoya Senior City Attorney 09/03/2025 Debbie Lyons Sustainability Director Keith Reynolds (Sep 12, 2025 14:25:53 MDT) Keith Reynolds RECORDED Keith Reynolds City Recorder09/12/2025 VCP Agreement 12 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: Legal Property Description. Exhibit B: List of Applicable Statutes and Rules. 09/15/2025 VCP Agreement 13 EXHIBIT A. FLEET BLOCK VCP SITE LEGAL PROPERTY DESCRIPTION CA-006668 VCP Agreement 14 Legal Description Site Address: 850 South 300 West, Salt Lake City, Salt Lake County, Utah 84101 Parcel: 15-12-251-001-0000 Legal Description: Between 300 and 400 West 800 and 900 South A parcel of land lying and situated in the Southwest Quarter of the Northeast Quarter of Section 12, Township 1 South, Range 1 West, Salt Lake Base and Meridian, more particularly described as follows: COM AT SE COR LOT 1 BLK 7 PLAT A SLC SUR W 30 RDS N 20 RDS W10 RDS N 20 RDS E 40 RDS S 40 RDS TO BEG Parcels comprising 8.75 acres in total. VCP Agreement 15 EXHIBIT B. FLEET BLOCK VCP SITE LIST OF APPLICABLE STATUTES AND RULES CA-006668 VCP Agreement 16 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. UTAH STATE DEPARTMENT OF ENVIRONMENTAL QUALITY Interim Agreement Report 2025-09-10 Created:2025-08-26 By:Jeanette Hartvigsen (jeanette.hartvigsen@slc.gov) Status:Out for Signature Transaction ID:CBJCHBCAABAAc464R8XuTyVM_XpoSvr4qIjS6QcKQRyQ 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. "UTAH STATE DEPARTMENT OF ENVIRONMENTAL QUALIT Y" History Document created by Jeanette Hartvigsen (jeanette.hartvigsen@slc.gov) 2025-08-26 - 5:58:38 PM GMT Document emailed to Colin Cottle (colin.cottle@slc.gov) for signature 2025-08-26 - 6:04:19 PM GMT Email viewed by Colin Cottle (colin.cottle@slc.gov) 2025-08-27 - 2:32:48 PM GMT Document e-signed by Colin Cottle (colin.cottle@slc.gov) Signature Date: 2025-08-27 - 2:32:58 PM GMT - Time Source: server Document emailed to Allison Parks (allison.parks@slc.gov) for signature 2025-08-27 - 2:33:01 PM GMT Email viewed by Allison Parks (allison.parks@slc.gov) 2025-08-29 - 8:04:43 PM GMT Email viewed by Allison Parks (allison.parks@slc.gov) 2025-09-03 - 6:18:36 PM GMT Jeanette Hartvigsen (jeanette.hartvigsen@slc.gov) added alternate signer Sara Montoya (sara.montoya@slc.gov). The original signer Allison Parks (allison.parks@slc.gov) can still sign. 2025-09-03 - 9:25:08 PM GMT Document emailed to Sara Montoya (sara.montoya@slc.gov) for signature 2025-09-03 - 9:25:09 PM GMT Email viewed by Sara Montoya (sara.montoya@slc.gov) 2025-09-03 - 10:45:24 PM GMT Document e-signed by Sara Montoya (sara.montoya@slc.gov) Signature Date: 2025-09-03 - 10:46:11 PM GMT - Time Source: server Document emailed to Debbie Lyons (debbie.lyons@slc.gov) for signature 2025-09-03 - 10:46:13 PM GMT Email viewed by Debbie Lyons (debbie.lyons@slc.gov) 2025-09-03 - 10:56:24 PM GMT Document e-signed by Debbie Lyons (debbie.lyons@slc.gov) Signature Date: 2025-09-03 - 10:57:05 PM GMT - Time Source: server Document emailed to Brent Brown (brent.brown@osp.utah.edu) for signature 2025-09-03 - 10:57:08 PM GMT