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115 Conz St_OM 20130425. . ' Bk: 11293 Pg: 54 STORMWATER MANAGEMENT OPERATION, MAINTENANCE, AND INSPECTION AGREEMENT Bk: 11293Pg: 54 Page: 1 of 5 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 ·, Bk: 11293 Pg: 55 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. Fairfield Inn & Suites-O&M Agreement_ rev 2012.doc -rev 9/18/08 Page 2 of3 ·. Bk: 11293 Pg: 56 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 Fairfield Inn & Suites-O&M Agreement_rev 2012.doc -rev 9/18/08 Page 3 of3 Bk: 11293 Pg: 57 . ~ . 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 Bk: 11293 Pg: 58 ,. . 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 Page 2 of2