EWLLC80 STORMWATER MANAGEMENT OPERATION AGREEMENT - Final 092220 (1)STORMWATER MANAGEMENT OPERATION,
MAINTENANCE, AND INSPECTION AGREEMENT
City of Northampton, MA
Department of Public Works
(413) 587-1570
THIS AGREEMENT, made and entered into this 28th day of September, 2020, by and between:
A. Emerson Way, LLC, P.O. Box 686, Northampton, MA 01061 (hereinafter
called the "Landowner A”), and
B. Michael D. Kaminski, of 194 School House Road, Tolland, MA 01034
(hereinafter called the Landowner B""), and
the City of Northampton ( hereinafter called the “City”).
WHEREAS, Landowner A is the owner of certain real property known as Lots 3, 4, 6, & 8, as
shown on a on a plan of land entitled “Plan of Land Located in Northampton, Massachusetts
(Hampshire County) Prepared for the City of Northampton”, dated July 28, 2020, recorded with
the Hampshire County Registry of Deeds at Plan Book 247, Page 75 (the “Plan”), as conveyed
by a deed, dated ______________, 2020 from the City of Northampton to Emerson Way, LLC,
recorded with said Registry simultaneously herewith (hereinafter called "Property A").
WHEREAS Landowner B is the owner of certain real property known as Lot 10 as shown on the
Plan, being a portion of land conveyed by a deed, dated __________, 2020, from the City of
Northampton to Michael D. Kaminski, recorded with said Registry simultaneously herewith
(hereinafter called "Property B").
WHEREAS, the Stormwater Management Plan, known as the Burt's Bog Conservation & Limited
Development Project, dated September 9, 2019, and last revised August 10, 2020, (a copy of
which is attached hereto as Attachment B and is also available in the archives of the City of
Northampton Department of Public Works)(hereinafter called the "Development Plan"), which
is expressly made a part hereof, as approved by the City, which provides for the conveyance,
treatment, and/or detention of stormwater within the confines of the Property; and
WHEREAS, the City and Landowner A and Landowner B, their successors and assigns,
including any homeowners association or condominium, agree that the health, safety, and
welfare of the residents of the City of Northampton, Massachusetts, require that on-site
stormwater management facilities be constructed and maintained on Property A and Property B;
WHEREAS, the City requires that on-site stormwater management facilities as shown on the
Plan be constructed and adequately maintained by Landowner A and Landowner B, their
successors and assigns, including any homeowners association or condominium.
NOW, THEREFORE, in consideration of the foregoing premises, in accordance with the
Northampton Stormwater Management Ordinance (Chapter 281 of the City’s Code of
Ordinance), the mutual covenants contained herein, and the following terms and conditions, the
parties hereto agree as follows:
1. Landowner A and Landowner B, their successors and assigns, including any homeowners
association or condominium, shall adequately maintain the stormwater management facilities
according to the maintenance schedule described in Attachment A. This includes all pipes and
channels 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 and so that water quality standards are met in all seasons and throughout the life of the
stormwater system.
2. Landowner A and Landowner B, their successors and assigns, shall inspect the stormwater
management facility; and shall submit an annual report documenting the inspection and
maintenance of the stormwater management system as certified by a Registered Professional
Engineer or other qualified stormwater professional as approved by the DPW and submitted to
the Northampton Department of Public Works by October 1st each year. The purpose of the
inspection is to assure safe and proper functioning of the facilities. The inspection shall cover the
entire facilities, stormwater systems, berms, outlet structure, pond areas, access roads, etc.
Deficiencies and a plan to correct deficiencies shall be noted in the inspection report.
3. Landowner A and Landowner B, their successors and assigns, hereby grant permission to the
City, its authorized agents and employees, to enter upon Property A and/or Property B and to
inspect the stormwater management facilities whenever the City deems necessary. The purpose of
inspection is to follow-up on reported deficiencies, inspect the stormwater management facilities
when annual reports have not been submitted and/or to respond to citizen complaints. The City
shall provide Landowner A and Landowner B, their successors and assigns, copies of the
inspection findings and a directive to commence with the repairs if necessary.
4. In the event Landowner A and/or Landowner B, their successors and assigns, fails to maintain
the stormwater management facilities in good working condition acceptable to the City, and if
after notice by the City Engineer to correct a violation requiring maintenance work, satisfactory
corrections are not made by Landowner A and Landowner B, their successors and assigns within
thirty days, the City may enter upon Property A and/or Property B and perform all necessary
work to place the facility in proper working condition and assess the costs of such work and any
penalties to the appropriate Landowner, its successors and assigns. This provision shall not be
construed to allow the City to erect any structure of permanent nature on Property A or Property
B outside of the easement for the stormwater management facilities. It is expressly understood
and agreed that the City is under no obligation to routinely maintain or repair said facilities, and
in no event shall this Agreement be construed to impose any such obligation on the City.
5. 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 appropriate 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.
6. This Agreement imposes no liability of any kind whatsoever on the City; and further the
Landowner A and Landowner B, their successors and assigns, agree to hold the City harmless
from any liability in the event the stormwater management facilities fail to operate properly.
7. Landowner A and Landowner B, their successors and assigns, including any homeowners
association or condominium, shall provide stormwater management easements as necessary for
all areas used for off-site stormwater control, preservation of stormwater runoff conveyance,
infiltration, and detention areas and facilities, including flood routes for the 100-year storm event,
and access for facility maintenance and inspection. A list of easements with the purpose and
location of each shall be specified in Attachment B. Landowner A and Landowner B, their
successors and assigns shall record all easements with the said Registry of Deeds.
8. Landowner A and Landowner B, their successors and assigns, shall notify the DPW of any
changes in ownership, assignment of financial responsibility, reconstruction of the approved
stormwater management facilities and/or amendments to the maintenance schedule described in
Attachment A. The maintenance schedule described in Attachment A may be amended to achieve
the purpose of the Northampton Stormwater Management Ordinance by mutual agreement of the
DPW and the Landowner, its successors and assigns. Amendments shall be in writing and signed
by the DPW and all responsible parties.
9. This Agreement shall be recorded by the Landowners at their expense with said Registry of
Deeds, and shall constitute a covenant running with the land, and shall be binding on the
Landowner, their administrators, executors, assigns, heirs and any other successors in interests,
including asny homeowners association or condominium.
WITNESS the following signatures and seals:
Emerson Way, LLC, Landowner A
_____________________________
by Richard M. Madowitz, Manager
COMMONWEALTH OF MASSACHUSETTS
County of Hampshire, ss
On this _____ day of September, 2020, before me, the undersigned notary public, personally appeared
Richard M. Madowitz (acting in his capacity as the Manager of Emerson Way, LLC), proved to me
through satisfactory evidence of identification, which my personal knowledge, to be the person whose
name is signed on the proceeding document, and acknowledged to me that he signed it voluntarily for its
stated purpose as his free act and deed and the free act and deed of Emerson Way, LLC.
_____________________________
NOTARY PUBLIC
My Commission Expires:
_____________________________
Michael D. Kaminski, Landowner B
COMMONWEALTH OF MASSACHUSETTS
HAMPSHIRE COUNTY, SS.
On this day, __________, 2020, before me, the undersigned notary public, personally appeared
Michael D. Kaminski, proved to me through satisfactory evidence of identification (which was
___________________) to be the person whose name is signed on the preceding or attached
document, and acknowledged to me that he signed it voluntarily for its stated purpose as his free
act and deed.
________________________________
Notary Public
My commission expires:
COMMONWEALTH OF MASSACHUSETTS
County of Hampshire, ss
On this 25th day of September, 2020, before me, the undersigned notary public,
personally appeared David J. Narkewicz (acting in his capacity as the Mayor of the City of
Northampton) proved to me through satisfactory evidence of identification, which was personal
knowledge, to be the person whose name is signed on the proceeding document, and acknowledged to
me that he signed it voluntarily for its stated purpose.
________________________________
NOTARY PUBLIC: Wayne M. Feiden
My Commission Expires: October 26, 2023
CITY OF NORTHAMPTON
__________________________
By
David J. Narkewicz, Mayor