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HomeMy WebLinkAboutContract 56301 Date Received: 09/14/2021 City Secretary Time Received: 11:00 AM Number: 56301 DRAINAGE CHANNEL MAINTENANCE AGREEMENT THIS AGREEMENT,made and entered into this day of September 14 ; 20 21 by and between HT HWY 114 Land LP, acting by and through Hines Investment Management Holdings Limited Partnership, and its duly authorized Senior Managing Director, hereinafter referred to as "Landowner", the Wildflower Ranch Master 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 26 acre tract of land located in the Guadalupe Cardinas Survey, Abstract No. 214, City of Ft. Worth ETJ, Denton County, Texas as recorded in Document #2019-131818 of the Deed Records of Denton County, Texas (DRDCT) 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 Tradition, Central Phase 2C, hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the City and the Landowner provides for management of storm water within the confines of the Property; and; WHEREAS, the City and the Landowner, 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 Drainage Facilities be constructed and maintained on a portion of the Property; and; OFFICIAL RECORD STORM WATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY Rev_11/19/2020 JLE FT.WORTH,TX WHEREAS, the City requires that on-site Drainage 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 of which is shown and more particularly described by metes and bounds in the attached Exhibit "A" ("Facility Property"); and; WHEREAS, the City requires that on-site Drainage Facilities ("Facility") as shown on the Plan be constructed, and Developer has constructed a facility to be adequately maintained and owned by the Association, the location and dimensions of which is shown on the attached Exhibit "B" ("Facility Property"); and; 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: I. The Association, its successors and assigns, shall adequately construct and maintain the on-site Drainage Facility ("Facility') at no expense to the City of Fort Worth in accordance with the design specifications for the Facility, attached as Exhibit "C", 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 "D". The Drainage Facility includes all pipes, channels or other conveyances built to convey storm water to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the storm water. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. The Storm Water 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 Association, its successors and assigns, shall inspect the Facility and submit an inspection report to the City annually. The purpose of the inspection STORM WATER FACILITY MAINTENANCE AGREEMENT 2 Rev.11/19/2020 JLE 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. 3. The 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 Association, its successors and assigns, fails to maintain the Facility in good working condition acceptable to the City, 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 the Association's. 5. 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 Association, 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 the Association, 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 Association. Such lien shall be perfected by filing in the office STORM WATER FACILITY MAINTENANCE AGREEMENT 3 Rev.11/19/2020 JLE 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 ASSOCIATION AGREES TO HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. THE ASSOCIATION COVENANTS AND AGREES 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 OWNER OR ANY FUTURE OWNERS OF THE ABOVE FACILITITY PROPERTY TO MAINTAIN THE BED AND BANKS OF THE DETENTION POND IN ACCORDANCE HEREWITH, OR AS A RESULT OF ANY DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1) FLOODING OF THE POND AND ITS BANKS, (2) SLOPE FAILURE OF THE BANK OF THE POND, AND (3) AND FAILURE OF THE POND AND ITS BANK TO OPERATE IN A MANNER CONSISTENT WITH CITY OF FORT WORTH CRITERIA TO PERFORM ANY OF ITS DUTIES OR OBLIGATIONS HEREUNDER. 7. The 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. The 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, and shall constitute a covenant running with the land, and shall be STORM WATER FACILITY MAINTENANCE AGREEMENT 4 Rev.11/19/2020 JLE binding on the Association, its administrators, executors, assigns,heirs and any other successors in interests,including any property owners association. Executed this 14th day of September 2021 LANDOWNER: HT HWY 114 LAND LP,a Texas limited partnership By: HT Hwy 114 Land LLC, a Delaware limited liability company,its general partner By: HT Hwy 114 LP, a Delaware limited partnership,its sole member By: Hines Hwy 114 LLC, a Delaware limited liability company,its general partner By: Hines Hwy 114 Associates LP, a Texas limited partnership,its sole member By: Hines Investment Management Holdings Limited Partnership, a Texas limited p /it/s general partner By: !/ i Name:Robert W.Witte Title:Senior Managing Director Date: August 31,2021 STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on August 31 ,2021 by Robert W. Witte,the Senior Managing Director of Hines Investment Management Holdings Limited Partnership,a Texas limited partnership,in its capacity as general partner of Hines Hwy 114 Associates LP,a Texas limited partnership,in its capacity as sole member of Hines Hwy 114 LLC,a Delaware limited liability company,in its capacity as general partner of HT Hwy 114 LP,a Delaware limited partnership,in its capacity as sole member of HT Hwy 114 Land LLC,a Delaware limited liability company,in its capacity as general partner of HT HWY 114 Land LP.,a Texas limited partnership,on behalf of said entities. L� My commission expires: 7/3/25 PX&4AAl Signature of Notary Public [SEAL] [E2 LORRIE KURRUSNotary PublicSTATEOFTEXASIDM 12694975-7STORM WATER FACILITY MAINTENANCE AGREEMENT Y COMM.EXp.July 3,2025 5 Rev.11/19/2020 JLE ASSOCIATION: Hanna Brown, Director Wildflower Ranch Master Association Date: September 2,2021 STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on this 1st day of September 2021, by Hanna Brown, authorized Director, acting on behalf of Wildflower Ranch Master Association. My commission expires: 7/3/25 Signature of Notary Public [SEAL] LORRIE KURRUS Notary Public , .* STATE OF TEXAS 114 12694975-7 or MY C�AFMI.EXP.July 3,2025 STORM WATER FACILITY MAINTENANCE AGREEMENT 6 Rev.11/19/2020 JLE CITY• Contract Compliance Manager: By signing I acknowledge that I am the person responsible 'Zim for the monitoring and administration of Dana Burghdoff(Se 10,20211 :39 CDT) this contract,including ensuring all performance and reporting Dana Burghdoff, Asst. City Manager requirements. City of Fort Worth 9. , Janie S. Morales, Planning Manager Date: Sep 10,2021 Development Services Date: Sep 10,2021 Approved as to Form and Legality: Christa R.Lopez-Reynolds(Sep 9,20JK 11: y T) Christa Reynolds, Sr. Asst. City Attorney City Attorney's Office Date: Sep 9,2021 ATTEST: �a�FoFORra� /. d 011 o=d (Se41,2 OS:S ) o0 00 0 Ronald P. Gonzales, Acting City 0� °0000000,00 *Q, Secretary rl 4y City Secretary's Office Date: Sep 14,2021 OFFICIAL RECORD CITY SECRETARY STORM WATER FACILITY MAINTENANCE AGREEMENT FT.WORTH,TX Rev.11/19/2020 JLE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on September 13,2021 by Dana Burghdoff,Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. Jennifer L. Digitally signed by Jennifer L. JENNIFER L. EZERNACK RY P(i Ezernack 2 0� Notary Public Ezernack Date:2021.09.13 15:15:58-05'00' * * STATE OF TEXAS —t Notary I.D. 130561630 Notary Public, State of Texas o��� My Comm. Exp. Mar. 1,2024 OFFICIAL RECORD STORM WATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY Rev_11/19/2020 JLE FT.WORTH,TX GOODWIN o CIVIL ENGINEERS — PLANNERS — SURVEYORS ARSHQLL = EXHIBIT "A'' LEGAL DESCRIPTION FOR VARIABLE WIDTH DRAINAGE EASEMENT All that certain lot, tract, or parcel of land, situated in a portion of the Guadalupe Cardinas Survey, Abstract No. 214, Denton County, Texas, being part of that certain called 25.693 acre tract described as Tract 2 in a deed to HT HWY 1 14 Land LP recorded in Document No. 2019-131818 of the Deed Records of Denton County, Texas (DRDCT), and being more completely described as follows, to-wit: COMMENCING at a P.K. nail found with washer stamped "DUNAWAY" for the Northeast Corner of said 25.693 acre tract and being in the approximate centerline of said Sam Reynolds Road (variable width right-of-way), from which a P.K. nail found bears South 08 deg. 59 min. 19 sec. West - 0.93 feet and from which a P.K. nail found in the approximate center line of said Sam Reynolds Road and the North line of a called 26.323 acre tract described as Tract 4 in said deed to HT HWY 1 14 Land LP bears South 89 deg. 56 min. 15 sec. East - 3,409.24 feet; THENCE South 79 deg. 58 min. 03 sec. West departing said approximate centerline, a distance of 317.68 feet to the TRUE POINT OF BEGINNING; THENCE South 00 deg. 03 min. 45 sec. East, a distance of 180.00 feet; THENCE South 89 deg. 56 min. 15 sec. West, a distance of 726.99 feet; THENCE South 44 deg. 56 min. 15 sec. West, a distance of 14.14 feet; THENCE South 00 deg. 03 min. 45 sec. East, a distance of 316.43 feet to a Point of Curvature of a circular curve to the left, having a radius of 275.00 feet, a central angle of 18 deg. 16 min. 23 sec., and being subtended by a chord which bears South 09 deg. 11 min. 56 sec. East - 87.33 feet; THENCE in a southerly direction along said curve to the left, a distance of 87.70 feet; THENCE South 18 deg. 20 min. 08 sec. East tangent to said curve, a distance of 118.67 feet; THENCE South 73 deg. 58 min. 08 sec. West, a distance of 50.04 feet; E\10720-Tradition\COGO\GM EASEMENTS\DRAINAGE EASEMENT\10720-DEIB.dwg 3 h o I ( 4 TEXAS• 2405 Mustang Drive • Grapevine,TX 76051 • 817.329.4373 •TxSury firm #10021700 TENNESSEE•6074 Apple Tree Drive • Memphis,TN 38115 • 901.881.9188 ARIZONA•2105 South Alma School Road, Suite 2 • Chandler, AZ 85286• 602.218.7285 COLORADO • 8400 E. Prentice Ave. •Greenwood Village,CO 80111 • 303.459.4861 GOODWIN o CIVIL ENGINEERS — PLANNERS — SURVEYORS THENCE North 18 deg. 20 min. 08 sec. West, a distance of 116.66 feet to a Point of Curvature of a circular curve to the right, having a radius of 325.00 feet, a central angle of 18 deg. 16 min. 23 sec., and being subtended by a chord which bears North 09 deg. 11 min. 56 sec. West - 103.21 feet; THENCE in a northerly direction along said curve to the right, a distance of 103.65 feet, THENCE North 00 deg. 03 min. 45 sec. West tangent to said curve, a distance of 306.43 feet to a Point of Curvature of a non-tangent circular curve to the right, having a radius of 50.00 feet, a central angle of 163 deg. 44 min. 23 sec., and being subtended by a chord which bears North 44 deg. 56 min. 15 sec. East - 98.99 feet; THENCE in a northeasterly direction along said curve to the right, a distance of 142.89 feet; THENCE North 89 deg. 56 min. 15 sec. East non-tangent to said curve, a distance of 666.99 feet; THENCE North 00 deg. 03 min. 45 sec. West, a distance of 130.00 feet; THENCE North 89 deg. 56 min. 15 sec. East, a distance of 50.00 feet to the POINT OF BEGINNING, containing 73,660 square feet or 1 .691 acres of land, more or less. Bearings are referenced to Texas State Plane Coordinate System, North Central Zone (4202), North American Datum of 1983 as derived from GPS observation. Exhibit map attached and made a part hereof. E\10720-Tradition\COGO\GM EASEMENTS\DRAINAGE EASEMENT\10720-DEIB.dwg 3 h o ( 4 TEXAS• 2405 Mustang Drive • Grapevine,TX 76051 • 817.329.4373 •TxSury firm #10021700 TENNESSEE•6074 Apple Tree Drive • Memphis,TN 38115 • 901.881.9188 ARIZONA•2105 South Alma School Road, Suite 2 • Chandler, AZ 85286• 602.218.7285 COLORADO • 8400 E. Prentice Ave. •Greenwood Village,CO 80111 • 303.459.4861 o zoo SCALFIN FEET / S ����� POINT OF L p� CARII o• 214 COMMENCING t 1 I P.K. NAIL FOUND �� D`'' Vu�1� � 1 WITH WASHER"DUNAWAY" 4k G A13 FROM WHICH A P.K. NAIL FOUND S 89056'15"W 3409.24' BEARS S 8059'19"W-0.93' �� SAM REYNOLDS ROAD P.K. NAIL FOND TRACT 3 CALLED 23.964 ACRES HT HWY 774 LAND LP. L 1 O J N 6i4 DOC. NO, 2079-737878 1oo Q L3 F v L4 VARI2BI E WIDTH O Ur al w DRAINAGE EASEMENT oLO 73,660 SQ. TT/1.691 AC. ° WWNo Q 2 O REMAINDER OF W � � Z � CALLED 25.693 ACRES, TRACT 2 M HT HWY 114 LAND LP. O N V DOC. NO. 2079-737818 T Lj U D.R.D.C.T. (J` V PROPO_S_ED - WATER CANNA DRIVE REMAINDER OF M CALLED2s.693ACRES, TRACT2 SEE SHEET 4 FOR LINE oa HT HWY 114 LAND LP. — �N DOC.NO.2019-737878 &CURVE TABLE w D.R.D.C.T R _ _ - T 1-T�77 TCD r- — 3 I I F FROPICO��ErD a Z =wWL~i FREMAINDER O � IPHA%S[E9 o = � oCD CALLED396.67NETACRE PARCEL A, HTHWY774 jz a O U WDEVELOPMEEARINS ARE REFERENCED TO \ \\ DOC. NO. 2019�3�48 gEXA SLATE PLANE COORDINATE w Oo J � a \ J J Q D.R.D.C.T. SYSTEM, NORTH CENTRAL ZONE w °a C0 \ I I I I J L (4202),NORTH AMERICAN Q T- -F— -� \� T T DATUM OF 1983 AS DERIVED Q EXHIBIT "An MAP SHOWING FROM GPS OBSERVATION. o VARIABLE WIDTH DRAINAGE EASEMENT, Z w SITUATED IN A PORTION OF THE w GUADALUPE CARIDINAS SURVEY, ABSTRACT NO. 214 w DENTON COUNTY, TEXAS �E F F . + o Job No.: 10720 Scale: 1"=200' Sheet � G\ RFa GOODWINs o �� �� ° Drafted: J.A.V. Checked: J.N.R. JOHN N.ROGERS .0 o • 6372 CIVIL ENGINEERS-PLANNERS-SURVEYORS Surveyed on the Ground: 03/26/2019 of ��FESS\o? o 2405 Mustang Drive,Grapevine,Texas 76051 Date Prepared: 07/27/2021 SURVE4 (817)329•4373 0 TxEng Firm#F2944—TxSury Firm#19921700 d Revised: Revised: Date Signed: 7/29/2021 w LINE TABLE LINE # BEARING DISTANCE Ll S79'58'03"W 317.68' L2 S00003'45"E 180.00, L3 S89056'15"W 726.99' L4 S44'56'15"W 14.14' L5 S00°03'45"E 316.43' L6 S 18020'08"E 1 18.67' L7 S73'58'08"W 50.04' L8 N 18020'08"W 1 16.66' L9 N00003'45"W 306.43' L10 N89o56'1 FE 666.99' L11 N00003'45"W 130.00' L12 N89o56 15"E 50.00' CURVE TABLE CURVE # RADIUS ARC LENGTH DELTA ANGLE CHORD BEARING CHORD LENGTH C1 275.00' 87.70' 18°16'23" S09°11'56"E 87.33' C2 325.00' 103.65' 18016'23" N09011'56"W 103.21 C3 50.00' 142.89' 163°44'23' N44°56 15"E 98.99' 3 w O 0 c� CD 0 jz Z w BEARINGS ARE REFERENCED TO w TEXAS STATE PLANE COORDINATE w SYSTEM, NORTH CENTRAL ZONE (4202),NORTH AMERICAN Q DATUM OF 1983 AS DERIVED Q EXHIBIT "An MAP SHOWING FROM GPS OBSERVATION. VARIABLE WIDTH DRAINAGE EASEMENT, Z w SITUATED IN A PORTION OF THE w GUADALUPE CARIDINAS SURVEY, ABSTRACT NO. 214 w DENTON COUNTY, TEXAS �E F F <P,G�'s r � � � o Job No.: 10720 Scale: NONE Sheet �.�� RF6 o �� ° Drafted: J.A.V. Checked: J.N.R. JOHIN N.ROGERS .a o • 6372 CIVIL ENGINEERS—PLANNERS—SURVEYORS Surveyed on the Ground: 03/26/2019 O f ?oFESSxo? 2 2405 Mustang Drive,Grapevine,Texas 76051 Date Prepared: 07/27/2021 SURVLD (817)329•4373 TxEng Firm#F2944—TxSury Firm#19921700 d Revised: Revised: Date Signed: 7/29/2021 w " 00 p of o vo C4 1 I q ro owuri a a r � R � Nq s& H < 1 �y w Fow�i�a°� o � o ra >d �= CN.1 w a waa a N w w omw W 00 e ® , as 86 9,41 W �o x _ F6�XXS.I9S -.'�XI7X.7.LYN 93iz ` Al i<j-Z u�in � 1 \ ✓ �I � i 116f / l I n-a•� � I III _ - � - �-tee+- �;I r, I I 5 3 pry - o 7�/� W Fow�rN?a� � o f-N agog ah�� ®o "� a m w'��W 'w � 0 ,S Fr- iz Re 9 x t S S`✓.�9XS.�.TS -9NI7K2LYX - \I g I 1 i I Mpg I g3 V III 2 a. —kin. x/ -- — / — — X 12 _ x Zip WN, a W W a �z ou r• 3 euj w o¢ ^Og E41 ag Ve Q w o z z �?a l O a J oQ oam �@ a / $ U J zoo ao�u a ®ram - ya"ti o N s & Noa��w� o I � a a �. I I I HI y � � � pi M, I ....,bH g 3,y 4ll� — _ ——_——— I —___—_ _—— f crss-sa� xa% ` Lrsr� —ypl'sa �.•sa� / / / — sr•s, sevz — •aa y'Ea N e. X at XiiI \ 6PL W II� �Ix X II II I w5 Iq H 49RVRM C k rr � �HU3 � Q M iagw Exhibit "C" CITY OF FORT WORTH DRAINAGE CHANNEL OPERATION AND MAINTENANCE PLAN The only responsibility the City of Fort Worth has in the operation and maintenance of this Facility is inspection. 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 MAINTENANCEANSPECTION 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. STORM WATER FACILITY MAINTENANCE AGREEMENT 10 Rev.11/19/2020 JLE Exhibit "D" Drainage Channel 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 Channel Amount of silt in channel Amount of silt in flume Amount of ponded water Amount of wetland vegetation Location of Erosion Percent of vegetation Condition of trash guard Location of Erosion MAJOR INSPECTIONS Condition of Drainage Channel Quality Structure Type of Drainage Channel Quality Structure Structure type and Condition Condition of Rip-Rap Condition of filtration STORM WATER FACILITY MAINTENANCE AGREEMENT 11 Rev.11/19/2020 JLE system Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORM WATER FACILITY MAINTENANCE AGREEMENT 12 Rev.11/19/2020 JLE