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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