115 Conz St_OM 20130425. . '
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STORMWATER MANAGEMENT OPERATION,
MAINTENANCE, AND INSPECTION AGREEMENT
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Recorded: 04/25/2013 12:45 PM
City of Northampton, MA
Department of Public Works
(413) 587-1570
THIS AGREEMENT, made and entered into this l'f114day of A Pl1 I 20 Jl_, by and between Tala Hotels
Holding LLC, hereinafter called the "Landowner", and the City ofNorthampton, hereinafter called the "City".
WITNESSETH, that WHEREAS, the Landowner is the owner of certain real prop~rty at 115 Conz Street as
described as Assessor's Map 39A, Parcel 034 as recorded by deed in the land records of Hampshire
County, Massachusetts, Deed Book 8576, Page 132, hereinafter called the "Property". WHEREAS, the Landowner
is proceeding to build on and develop the property; and WHEREAS, the Site Plan/Subdivision Plan known as
Fairfieid Inn & Suites, hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be
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 the Landowner, its successors and assigns, including any homeowners association, agree
that the health, safety, and welfare of the residents of the City ofNorthampton, Massachusetts, require that on-site
stormwater management facilities be constructed and maintained on the Property; and
WHEREAS, the City requires that on-site stormwater management facilities as shown on the Plan be constructed
and adequately maintained by the Landowner, its successors and assigns, including any homeowners association.
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. The on-site stormwater management facilities shall be constructed by the Landowner, its
successors and assigns, in accordance with the plans and specifications identified in the Plans and
documents reviewed and approved by the Northampton Department of Public Works (DPW).
2. The Landowner, its successors and assigns, including any homeowners association, 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.
3. The Landowner, its 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.
Fairfield Inn & Suites-O&M Agreement_ rev 2012.doc -rev 9/18/08 Page 1 ofJ
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4. The Landowner, its successors and assigns, hereby grant permission to.the City, its authorized
agents and employees, to enter upon the Property 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 the Landowner, its
successors and assigns, copies of the inspection findings and a directive to commence with the
repairs if necessary.
5. In the event the Landowner, its 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 the Landowner, its successors and assigns within thirty days, the City may enter upon the
Property 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 Landowner, its successors and assigns. This
provision shall not be construed to allow the City to erect any structure of permanent nature on the
land of the Landowner 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.
6. 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 ofreceipt thereof for all actual costs incurred by the City hereunder.
7. This Agreement imposes no liability of any kind whatsoever on the City; and further the
Landowner agrees to hold the City harmless from any liability in the event the stormwater
management facilities fail to operate properly.
8. The Landowner, its successors and assigns, including any homeowners association, shall
provide stormwater management easements as necessary for all areas used for off-site stormwater
control, preservation of stonnwater 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. The Landowner, its successors and assigns shall record all easements in the land
records of the Hampshire County Registry of Deeds, Commonwealth of Massachusetts.
9. The Landowner, its 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.
10. This Agreement shall be recorded by the property owners or at the property owners expense
among the land records of Hampshire County, Commonwealth of Massachusetts, and 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
homeowners association.
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WITNESS the following signatures and seals:
County of Hampshire
Company/Corporation/Partnership Name (Seal)
(Type Name)
a-..J~
(Type Title)
COMMONWEALTH OF MASSACHUSETTS
On this ~ day of f.tf ~ , 20 \~ , before me, the undersigned notary public, personally
appeared MAM~ ~\H , proved to me through satisfactory evidence of identification, which was a
Driver's License, 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
My Commission Expires: <\ \U. \ \ C\
CITY OF NORTHAMPTON
By:~Ql
DliVi ~i07, Mayor
COMMONWEALTH OF MASSACHUSETTS.
County of Hampshire
On this~~ of , 20LJ, before me, the undersigned notary public, personally
appeared :.I . roved to me through satisfactory evidence of identification, which was a
Driver's License, to be the person whose name is signed on the proceeding document,
he signed it voluntarily for its stated purpose. -~~:::::.~~-~2.__L~~~fhl1J,,.£~:L
NOTARY PUBLIC
My Commission Expires:
Approved as to Form:
City Solicitor Date
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ATTACHMENT A
Stormwater Facility Maintenance Schedule
Name of Project: Fairfield Inn & Suites
Project Location: 115 Conz Street
Assessor's Map, Parcel(s): Map 39A, Parcel 034
Owner of the Stormwater System:
Tala Hotels Holding, LLC
Responsible Party for Operation & Maintenance of Stormwater System
Tala Hotels Holding, LLC
Financial Responsibility for Operation & Maintenance of Stormwater System:
Tala Hotels Holding. LLC
Maintenance Schedule
Street Sweeping
Street and parking area sweeping shall take place twice annually.
Hooded Catch Basins
All Catch Basin should be inspected at least four times per year and cleaned annually or more
often if required. Oil and sediments should be removed and disposed of in accordance with
local, state and federal guidelines and regulations. In the case of an oil or bulk pollutant release,
the system must be cleaned immediately following the spill and the proper authorities notified.
Stormwater Treatment Chamber
The stormwater treatment system requires minimal routine maintenance; however, it is important
that the system be properly inspected and cleaned when necessary in order to function at its best.
The rate at which the system collects pollutants will depend more on site activities than size of
the unit, e.g.-heavy winter sanding will cause the unit's grit chamber to fill more quickly, but
regular sweeping will slow accumulation. The water quality treatment system shall consist of a
Stormceptor or equal treatment chamber. For more detail of how the Stormceptor should be
maintained see the Stormceptor Owner Manual. At a minimum, the Stormceptor unit shall be
cleaned using a vacuum truck when the stored volume reaches 15% (6 inch sediment depth) of
Attachment A: Stonnwater Facility Maintenance Schedule Page 1 of 2
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the unit's capacity, when oil (hydrocarbons) has accumulated· to 1 inch or greater depth, or at
least twice per year. In the event of a fuel or oil spill, the Stormceptor must be cleaned
immediately.
Subsurface Infiltration Bed
The subsurface infiltration bed requires regular removal of accumulated sediment to maintain an
optimal rate of infiltration. Pretreatment BMPs (Deep Sump Hooded Catch Basins, STC 450i)
should be routinely inspected and cleaned at least twice a year to prevent sediment from entering
the infiltration system. The access cleanouts used to inspect the infiltration beds are located at
each corner of each system, as well as offset from the inlets and outlet to the systems. Inspect the
subsurface infiltration bed after the first several rainfall events, after all major storm events
(greater than 3 inches in 24 hours), and on regularly scheduled dates every six months. After
major storm events the bed should be inspected for ponding water. If ponding in the infiltration
beds is occurring 72 hours after a storm, the basin is not performing as designed and
maintenance and rehabilitation of the bed is required. If water is observed ponding above the rim
of the catch basin that is located along the curb line between the truck loading dock and the truck
turn around indicates the stormwater system needs be inspected, that there may have been a very
large storm event, and that some components may be failing or need to be cleaned.
Also, if more than 2-inch of sediment is observed in the access cleanout, the subsurface
infiltration bed will need to be cleaned via vacuum or routing. To rehabilitate a portion of the
infiltration bed all accumulated sediment must be stripped from the bottom, the bottom of the
bed must be scarified and tilled to induce infiltration, and all of the stone aggregate and filter
fabric or media must be removed and replaced.
Record Keeping and Annual Reports
Records shall be maintained by Tala Hotels Holding, LLC maintenance department at their
offices as described above and shall document all routine and emergency maintenance work
performed by or under the supervision ofTala Hotels Holding, LLC to the stormwater
management system and shall bear the signature of the individual supervising the work. Annual
reports documenting the inspection, maintenance, and proper functioning of the stormwater
management system in accordance with the approved design shall be certified by a Registered
Professional Engineer and submitted to the Northampton Department of Public Works andthe
Northampton Office of Planning and Development no later than October 1st of each year. The
annual report shall document any deficiencies in function or maintenance of the storm water
management system and include a plan to correct the deficiencies.
Attachment A: stonnwater Facility Malntonanm(~. ·
ATTEST: H.AMPSH!RE, · , REGISTllllt
:MARY LBERD
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