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HomeMy WebLinkAboutContract 52830 /1 � 3456` CITY SECRETARY ® `9 CONTRACT NO. Q RECEIVED SEP 2 4 MR= X08 � ro C"OF FORT WORTH 'C CgyG[GRYARy EXHIBIT "A" and "B" �.a 19.161 ACRE �9S ti E Z STORMWATER FACILITY MAINTENANCE AGREEMENT n,,� O THIS AGREEMENT, made and entered into thisVday of ,:?-d/9 , by and between FORESTAR (USA) REAL ESTATE GROUP INC., hereinafter referred to as "Landowner", the BRIDGEVIEW OWNERS ASSOCIATION, hereinafter referred to as"Association"and the City of Fort Worth, hereinafter referred to as "City". WITNESSETH WHEREAS, the Landowner is the owner of certain real property described as an approximately 94.637 acre tract located in the Henry Robertson Survey, Abstract 1259, Tarrant County, Texas according to the deed recorded in County Clerk's file NO. D218148891, Deed Records, Tarrant County, Texas, hereinafter called the"Property". WHEREAS, the Landowner is proceeding to build on and develop the Property according to the Site Plan/Subdivision Plan known as BRIDGEVIEW hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the City and the Landowner and Association provides for management of Stormwater within the confines of the Property; and WHEREAS,the City and the Landowner and Association, and their successors and assigns, agree that the health, safety and welfare of the residents of the City of Fort Worth, Texas require that on-site Stormwater Management Facilities be constructed and maintained on a portion of the Property; and WHEREAS, the City requires that on-site Stormwater Management Facilities ("Facility") as shown on the Plan be constructed and adequately maintained by the Landowner, its successors and assigns, including Association,the location and dimensions LOFFICOAL RECORD STORMWATER FACILITY MAINTENANCE AGREEMENT SECRETARY Rev.11/17/2016ORTH,TX of which is shown and more particularly described by metes and bounds in the attached Exhibit"A"("Facility Property"); and WHEREAS, Landowner agrees to convey the Facility Property to the Association and the Association agrees to accept the Property where the Stormwater Facility is located. NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows: 1. The Landowner and Association, its successors and assigns, shall adequately construct and maintain the on-site Stormwater Management Facility ("Facility") at no expense to the City of Fort Worth in accordance with the design specifications for the Facility, attached as Exhibit `B", and the current standards then in force and effect in the City of Fort Worth and with the Operations and Maintenance Plan attached to this Agreement as Exhibit "C". The Stormwater Facility includes all pipes, channels or other conveyances built to convey stormwater to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. The Stormwater Structural Control Maintenance Checklists, attached to this Agreement as Exhibit "D", are to be used to establish what good working condition is acceptable to the City. 2. The Landowner and Association, its successors and assigns, shall inspect the Facility and submit an inspection report to the City annually. The purpose of the inspection is to assure safe and proper functioning of the Facility. The inspection shall cover the entire Facilities, berms, outlet structure, pond areas, access roads, etc. Components of the Facility, which need maintenance or replacement to perform their design function, shall be noted in the inspection report along with the corrective actions to be taken. STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.11/17/2016 3. The Landowner and Association, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the Facility Property whenever the City deems necessary. The purpose of inspection is to follow-up on reported deficiencies and/or to respond to citizen complaints. The City shall provide the Landowner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. 4. In the event the Landowner and the Association, its successors and assigns, fails to maintain the Facility in good working condition as specified herein, the City, its authorized agents and employees, may enter upon the Facility Property and take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Landowner, its successors and assigns. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said Facility, and in no event shall this Agreement be construed to impose any such obligation on the City,such obligation is Landowner's. 5. The Landowner and the Association, its successors and assigns, will perform the work necessary to keep the Facility in good working order as appropriate. In the event the City pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner, its successors and assigns, shall reimburse the City upon demand,within thirty(30) days of receipt thereof for all actual costs incurred by the City hereunder. In the event that Landowner or its successors or assigns fail to pay the City for the costs incurred under this section, the City shall impress a lien for the costs of such work upon other lots owned by the Landowner or the Association. Such lien shall be perfected by filing in the office of the County Clerk of Tarrant County, Texas an affidavit identifying the property to be charged with such lien, stating the amount thereof, and making reference to this Agreement. 6. This Agreement imposes no liability of any kind whatsoever on the City. THE LANDOWNER AND ASSOCIATION AGREES TO HOLD THE CITY STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.11/17/2016 HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER AND ASSOCIATION COVENANT AND AGREE AND DOES HEREBY INDEMNIFY HOLD HARMLESS AND DEFEND THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ALL COSTS, EXPENSES, LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM THE FAILURE OF LANDOWNER OR ANY FUTURE OWNERS OF THE FACILITITY PROPERTY TO MAINTAIN THE FACILITY, INCLUDING, BUT NOT LIMITED TO THE BED AND BANKS OF THE DETENTION POND; ANY DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1) FLOODING OF THE POND AND ITS BANKS, (2) SLOPE FAILURE OF THE BANKS OF THE POND, OR (3) FAILURE OF THE POND OR ITS BANKS TO OPERATE IN A MANNER CONSISTENT WITH CITY OF FORT WORTH CRITERIA; OR FAILURE TO PERFORM ANY OTHER DUTIES OR OBLIGATIONS HEREUNDER. 7. Landowner and Association covenants and agrees that no habitable building shall be erected within the drainage easement outlined on Exhibit "A" but this paragraph shall not preclude construction of other improvements within the drainage easement, which do not impede drainage. Landowner and Association covenants and agrees that no habitable building shall be erected on the above property abutting such easement which shall have a finished floor at an elevation less than two feet above the maximum depth of water in the detention pond which would occur during a 100 year frequency flood. 8. This Agreement shall be recorded among the land records of Tarrant County, Texas, shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any property owners association. 9. Notwithstanding anything to the contrary contained or implied elsewhere herein, it is expressly agreed and understood that the liabilities, indemnities and STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev.11/17/2016 obligations of FORESTAR (USA) REAL ESTATE GROUP INC. as Landowner hereunder shall expire and be of no further force or effect upon the transfer ("Transfer") by FORESTAR (USA) REAL ESTATE GROUP INC. to the Association of legal title to the Facility Property, save and except for any liabilities, indemnities and obligations of FORESTAR (USA) REAL ESTATE GROUP INC. as Landowner hereunder which have accrued and are due, payable and/or performable as of the date of the Transfer and which shall expressly survive the Transfer. Executed this&&-'ay of 20& Landowner City of Fort Worth i Jesus J. Chapa Name: — Matt Johnson Assistant City Manager Title: Vice President Approved as to Form and Legality Homeowners Association ssistant City Atxpjs ( 7'�`ty Nam _ ATTEST (�.:' `' Benjamin M. Clark Title: President, Bridgeview Owners Association b M&C: Mary J. a 00 Secretary 1295: OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX STORMWATER FACILITY MAINTENANCE AGREEMENT 5 Rev.11/17/2016 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me o �( / y Jesus J. Chapa, Assistant City Manager of the City of Fo�orth. half of the City of Fort Worth. 1aPY '�B MAR IA S.SANCHEZ My Notary ID#2256490 NJF aF t+" Expires December'19,2021 Not Public, S ate of Texas STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this 914b day of �ervtloe r" 2011, personally appeared rb4l e►� known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same is the act of 1L,._ , ariO that he executed the same as its .S e and as the act of such and for the purposes and consideration expressed in the foregoing instrumen . avL�t�- �-- Notary Public, State of TexaiV STATE OF TEXAS § .`%WYaP1'', STEPHANIE NGUYEN ?:' :Notary Public, State of Texas COUNTY OF TARRANT § Comm. Expires 11-07-2021 �'��;°;;��° Notary ID 131343214 is instrument was acknowledged before me on L( by, authorized representative, acting on behalf of the fj Homeowners Association. MKatie Sabin�y Commmm�m11127/2022 Notary Public, State of Texas ID No 130023823 STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev.11/17/2016 Contract Compliance Manager By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performailce alid reporting requirements. Ashraf Ibrahim Management Analyst II EXHIBIT "A" 19.161 ACRE SWFMA EASEMENT BEING A 19.161 ACRE TRACT OF LAND SITUATED IN THE HENRY ROBERTSON SURVEY, ABSTRACT NO. 1259, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AND BEING PART OF A 94.637 ACRE TRACT OF LAND,CONVEYED TO FORESTAR (USA) REAL ESTATE GROUP INC., BY DEED RECORDED IN COUNTY CLERK'S FILE NO. D218148891, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY,TEXAS. SAID 19.161 ACRE TRACT, WITH BEARING BASIS BEING GRID NORTH,TEXAS STATE PLANE COORDINATES,NORTH CENTRAL ZONE, NAD83 (NAD83 (2011) EPOCH 2O10), DETERMINED BY GPS OBSERVATIONS, CALCULATED FROM DENTON CORS ARP (PID-DF8986) AND ARLINGTON RRP2 CORS ARP(PID-DF5387), BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" FOUND FOR THE SOUTHEAST CORNER OF A 5.00 ACRE TRACT OF LAND CONVEYED AS "TRACT 2"TO FORESTAR(USA) REAL ESTATE GROUP INC., AS RECORDED IN COUNTY CLERK'S FILE NO. D218148891,OFFICIAL PUBLIC RECORDS,TARRANT COUNTY, TEXAS AND THE SOUTHWEST CORNER OF A CALLED 1.710 ACRE TRACT OF LAND CONVEYED AS "TRACT 1" TO THE CITY OF FORT WORTH,AS RECORDED IN COUNTY CLERK'S FILE NO. D214247094,OFFICIAL PUBLIC RECORDS, TARRANT COUNTY,TEXAS, SAID POINT BEING ON THE NORTHEAST RIGHT-OF-WAY LINE OF STATE HIGHWAY 287 AND 81 (A VARIABLE WIDTH RIGHT-OF-WAY), DEDICATED TO THE STATE OF TEXAS, AS RECORDED IN VOLUME 5930, PAGE 126, OFFICIAL PUBLIC RECORDS,TARRANT COUNTY, TEXAS, FROM WHICH A TXDOT MONUMENT FOUND BEARS,NORTH 48 DEGREES 01 MINUTES 15 SECONDS WEST, A DISTANCE OF 371.74 FEET; THENCE,NORTH 01 DEGREES 08 MINUTES 45 SECONDS EAST, ALONG THE EAST LINES OF SAID 5.00 ACRE TRACT AND 94.637 ACRE TRACT AND THE COMMON WEST LINE OF SAID 1.710 ACRE TRACT, A DISTANCE OF 608.66 FEET TO THE POINT OF BEGINNING; THENCE, OVER AND ACROSS SAID 94.637 ACRE TRACT,THE FOLLOWING COURSES AND DISTANCES: NORTH 47 DEGREES 56 MINUTES 25 SECONDS WEST, A DISTANCE OF 1,390.90 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 15 DEGREES 43 MINUTES 50 SECONDS, A RADIUS OF 225.00 FEET, AND A LONG CHORD THAT BEARS NORTH 55 DEGREES 48 MINUTES 20 SECONDS WEST, A DISTANCE OF 61.58 FEET; S•\NTX-LAND\0004\200 SURVEY\230 Legal Descriptions\0004EX08.docx Page 1 of 4 ALONG SAID TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 61.77 FEET TO A POINT FOR CORNER; NORTH 63 DEGREES 40 MINUTES 15 SECONDS WEST, A DISTANCE OF 15.60 FEET TO A POINT FOR CORNER; NORTH 20 DEGREES 18 MINUTES 31 SECONDS WEST, A DISTANCE OF 14.54 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 13 DEGREES 02 MINUTES 53 SECONDS, A RADIUS OF 525.00 FEET, AND A LONG CHORD THAT BEARS NORTH 15 DEGREES 59 MINUTES 03 SECONDS EAST, A DISTANCE OF 119.30 FEET; ALONG SAID NON-TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 119.56 FEET TO A POINT FOR CORNER; NORTH 89 DEGREES 50 MINUTES 57 SECONDS EAST, A DISTANCE OF 698.78 FEET TO A POINT FOR CORNER; NORTH 00 DEGREES 09 MINUTES 03 SECONDS WEST, A DISTANCE OF 110.41 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 108 DEGREES 29 MINUTES 01 SECONDS, A RADIUS OF 50.00 FEET, AND A LONG CHORD THAT BEARS NORTH 28 DEGREES 14 MINUTES 45 SECONDS EAST,A DISTANCE OF 81.15 FEET; ALONG SAID NON-TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 94.67 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A REVERSE CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 25 DEGREES 50 MINUTES 42 SECONDS, A RADIUS OF 50.00 FEET, AND A LONG CHORD THAT BEARS NORTH 13 DEGREES 04 MINUTES 24 SECONDS WEST, A DISTANCE OF 22.36 FEET; ALONG SAID REVERSE CURVE TO THE RIGHT, AN ARC DISTANCE OF 22.55 FEET TO A POINT FOR CORNER; NORTH 00 DEGREES 09 MINUTES 03 SECONDS WEST, A DISTANCE OF 216.26 FEET TO A POINT FOR CORNER; NORTH 89 DEGREES 50 MINUTES 57 SECONDS EAST, A DISTANCE OF 369.01 FEET TO A POINT FOR CORNER ON THE EAST LINE OF SAID 94.637 ACRE TRACT AND THE COMMON WEST LINE OF AFORESAID L710 ACRE TRACT; S:\NTX-LAND\0004\200 SURVEY\230 Legal Descriptions\0004EX08.docx Page 2 of 4 THENCE, SOUTH 01 DEGREES 08 MINUTES 45 SECONDS WEST, ALONG SAID COMMON LINE, A DISTANCE OF 1,524.67 FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF 834,644 SQUARE FEET, OR 19.161 ACRES OF LAND. A PARCEL PLAT OF EQUAL DATE HEREWITH ACCOMPANIES THIS PROPERTY DESCRIPTION. klallk Michael J. 13 p, R.P.L. . April 04,2019 Registered Pr fessional Land Surveyor Texas Registration No. 4574 LJA Surveying, Inc. � ., lF. 6060 North Central Expressway, Suite 440 ,�P•��`�Sptf,R f'•:r' Dallas,Texas 75206 Phone 469-62 t-0710 """"..... MICHAEL J:.BAITUP TXBPLS Firm 0 10194465 • v•••••••• ;•• e 4574 •.OpES 5`Oy:�pQ� 4�0•SURF'{ S:\NTX-LAND\0004\200 SURVM230 Legal Descriptions\0004EX08.docx Page 3 of 4 CURVE CENTRAL ANGLE RADIUS CHORD BEARING CHORD LENGTH ARC LENGTH C1 15'43'10" 225,00 N55'48'20"W 61,511' 61,77' C2 13'02'53" 525.00 N15'59'03"E 119.30' 119.56' C3 108'29'01" 50.00' N28'14'45"E 81.15, 94.67' C4 25'50'42" 50.00' N13'04'24"W 22.36 22.55' TRACT 1 L5 94.637 ACRES V C, FORESTAR REAL ESTATE GROUAP INC. C.C.# D218148891 $01J 109 10 C4J� . c EASEMEW O.P.R.T.C.T. C3 � . ./ 1 4247 094 a 1sa 3ar � 30' O.P.R.T.C.T. M 46' DAM EASEREWI C.C. D21 4 O.P.N89'50'57"E 698.78' R.T.C.T. L 19.161 ACRES 46. ZI 834,644 S.F. i 34'--1 C4 , TRACT 1 I r• 94.637 ACRES I I FORESTAR (USA) REAL ESTATE GROUP INC. I I 3 s4 C.C.I. 2G [ASEMENT TRACT 1 R . 02/4247084 94.637 ACRES C.C.# 021 81 4889 1 ) �.P,R.T.C.T. FORESTAR (USA) + O.P.R.T.C.T. I I REAL ESTATE GROUP INC. Ir p C.C.# 0218148891 O.P.R.T.C.T. �Sa I I 1d s ! fl `418 lgrE` TRACT 2 TRACT 1 q�l�n'S/C 5.00 ACRES •90• 1.710 ACRES FORESTAR (USA) REAL I I CITY OF FORT WORTH ,din� ,ql ESTATE GROUP INC. I I CAUSE D212093010 fe> C.C.# D218148891 (AGREED JUDGEMENT •.p • ,oT�cy� O.P.R.T.C.T. I D214247094) lC;� S "1011 Bj POINT OF I O.P.R.T.C.T. BEGI NING J Tx DOT TxDOT MO FNMENT MONUMENT FNO (CM) CM) c LINE BEARING DISTANCE aP/*, o fD L1 N63'40'15"W 15.60' ti0'('P�OIL L2 N20'18'31"W 14.54 r L3 N00'09'03"W 110.41' L4 NOO'09'03"W 216.26` (CIRF) ��*;s �F CE•••0 71 L5 N89'50'57 E 369.01' POINT OF _r Rfa q COMMENCING LEGEND ...:.....................::.. g CIRF 5/8 INCH IRON ROD WITH YELLOW PLASTIC MICHAEL .. BAI..V CAP STAMPED "JACOBS" FOUND :q 4574 E O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS 'P C.C.# COUNTY CLERK'S FILE NUMBER Hp SUR'-4 2 (CM) CONTROL MONUMENT BEARING BASIS BEING BEING GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83 (NA083 (2011) EPOCH 2O10). DETERMINED BY GPS OBSERVATIONS, CALCULATED 8 FROM DENTON COBS ARP (PID-DF8986) AND ARLINGTON RRP2 CORS ARP (PID-DF5387) g DATE: 04 08 19 EXHIBIT " B 11 rv�yi PAGE 4 DRWN BY: M.D.M. 19.161 ACRE wA 8u ngE Inc. AM r (/j CHKD BY: M.J.B. SWFMAN EASEMENT 6060E Suite 4N4o0�Central Expressway Phone 469.621.0710 z OF T HENRY ROBERTSON SURVEY,ABSTRACT NO.12S9 PROJ NO. 0004 CITY OF FORT WORTH,TARRANT COUNTY,TEXAS Dallas,Tan 75206 T.B.P.L.S.Firm No.10194465 EXHIBIT `B" CONSTRUCTION PLAN SHEETS • DRAINAGE AREA MAP • POND GRADING • WEIR CROSS SECTION • POND CROSS SECTIONS STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.11/17/2016 9 ibbZ �� s� 4 0 3 b i0111 LL y 3 53 ^ W o OR z ❑ 1y 1y a e b"� _ �: e� pps g_=- m ❑ o m_AC a z z I ix el ppp 0 3 a 0 F 1.10 R- a° G w o g$3f uW a apg YG � a frWs �st n > a�b 5 yi 1 g 6� �r�d � 191 / n fIM f RR fuRi "I c t � zg'y gE $- � t .I � ✓/ '� �x k�:�� ins p' . ;-*- i- � In I�j. e a�e Rep �pa $gn \ \ -a. 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General Maintenance Procedures The structural and functional integrity of the Facility shall be maintained at all times by removing and preventing drainage interference, obstructions, blockages, or other adverse effects into, through, or out of the system. Periodic silt removal shall occur when standing water conditions occur or the pond's storage volume is reduced by more than 10%. Silt shall be removed and the pond/basin returned to original lines and grades shown on the approved engineering plans. In addition, corrective measures are required any time a basin does not drain completely within 72 hours of cessation of inflow. NO STANDING WATER IS ALLOWED in basins designed for dry detention purposes. Accumulated litter, sediment, and debris shall be removed every 6 months or as necessary to maintain proper operation of the basin. Disposal shall be in accordance with federal, state and local regulations. Detention facilities shall be mowed monthly between the months of April and October or anytime vegetation exceeds 12-inches in height. To prevent debris from entering and clogging the downstream storm sewer system a wire mesh screen or similar screening device shall be installed over the outlet until final acceptance. 4. PREVENTIVE MAINTENANCE/INSPECTION • Visual inspections of all components will be conducted every 6 months. • A log shall be kept of maintenance actions, and inspections. The log should document the condition of the detention system's primary components, mowing, and silt, litter and debris removal dates. Document aeration of the basin bottoms and replanting to prevent the sealing of the basin bottom. • Written maintenance and repair records shall be maintained by the party or parties signing the attached Agreement and shall be provided to the City upon request. STORMWATER FACILITY MAINTENANCE AGREEMENT 8 Rev.11/17/2016 Exhibit "D" Stormwater Structural Maintenance CHECKLIST FREQUENT REPAIRS REPAIRS INSPECTION DATE REQUIRED MADE NOTES Mowing Remove Trash and debris Inspect irrigation system operation Remove grass clippings Violations Noted MINOR INSPECTION Condition of Pond Amount of silt in and Amount of silt in flume Amount of ponded water Amount of wetland ve etation Location of Erosion Percent of vegetation Condition of trash guard Location of Erosion MAJOR INSPECTIONS Condition of Stormwater Quality Structure Type of Stormwater Quality Structure Structure type and Condition Condition of Rip- Rap STORMWATER FACILITY MAINTENANCE AGREEMENT 9 Rev.1 111 7/2 0 1 6 Condition of filtrations stem Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORMWATER FACILITY MAINTENANCE AGREEMENT 0 Rev.11/17/2016 A