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331 & 349 Hadenville Rd_OM_20130807Bk: 11415Pg: 66 Page: 1 of 8 Recorded: 08/07/201~~1 :17 PM Bk: 11415 Pg: 66 STORMWATER MANAGEMENT OPERATION, MAINTENANCE, AND INSPECTION AGREEMENT City of Northampton, MA Department of Public Works (413) 587-1570 THIS AGREEMENT, made and entered into this06 day of Jutt L , 20~ by and between Zoe Senior Retirement Community, LLC, hereinafter called the "Landowner", and the City ofNorthampton, hereinafter called the "City". WTINESSETH, that WHEREAS, the Landowner is the owner of certain real property at (Street Address) _345 & 349 Haydenville Road as described as (City of Northampton Assessors Map/Parcel/Lot Number) Map 6 Parcels 37. 3'9, & 55 as recorded by deed in the land records of Hampshire County, Massachusetts, Deed Book 11293 Page 234 , 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 Zoe Senior Retirement Community (Name of Plan/Development) 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 ,, 1 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 of Northampton, 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 O&M Agreement-Revised-6-25-13 Page 1 of3 Bk: 11415 Pg: 67 of Public Works by October 151 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. 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 of receipt 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 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. 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. O&M Agreement-Revised-6-25-13 Pagel of3 Bk: 11415 Pg: 68 WTINESS the following signatures and seals: Zoe Retirement Community LLC Company/Corporation/Partnership Name (Seal) John Chakalos (Type Name) ~ir Duly authorized signatory (Type Title) COMMONWEALTH OF MASSACHUSETTS County of Hampshire On thi• ~~of ~ U ~ <t' ; 20 J1befureme,1he undemgned notwy public, Pe<sonally appeared "';;"h vi a ki(proved to me through satisfactory evidence of id · cation, whjch was a Driver's License, to~ e personwfo5e name is signed on the proceeding document, ac owledged to me that he signed it voluntarily for its stated purpose. c • GREGORY p WILSON NOTARY PUBLIC y Commission Expires: STATE OF CONNECT~ MY COMM. EXP 12131r- CITY OF NORTHAMPTON B<; c0 ;_L__· ___ ----..;:.._ D~wicz, Mayor COMMONWEALTH OF MASSACHUSETTS County ofHampshir~ On this ~I\ day of :::I I) "'-'( , 201.3, before me, the undersigned notary public, personally appeared l::Af1J) "\]"· NMl:'.eY>1 C! , 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 O&M Agreement-Revised-6-25-13 My Commission Expires: /f)k-<; //fl ~/ Page3of3 Bk: 11415 Pg: 69 ATTACHMENT A Stormwater Facility Maintenance Schedule Name of Project: Zoe Senior Retirement Community _____________ _ Project Location: 345 & 349 Haydenville Road. _______________ _ Assessor's Map, Parcel(s): Map 06 Parcels 37, 39, & 55 _____________ _ Owner of the Stormwater System: Zoe Senior Retirement Community, LLC 31 Brunswick Ave East Hartford, Ct 06107 Responsible Party for Operation & Maintenance of Stormwater System Berkshire Health Systems 725 North Street Pittsfield, Ma 01201 Financial Responsibility for Operation & Maintenance of Stormwater System: Berkshire Health Systems 725 North Street Pittsfield, Ma 01201 Maintenance Schedule Parking Lot Sweeping Paved access ways and parking lots should be treated with sand and limited amounts of de-icing materials during the winter months. As soon as practicable in the spring these areas should be swept clean and again prior to the end of the fall season. Catch Basins All catch basins and stormwater manholes shall be inspected twice annually. Sumps shall be cleaned free of all sediment at a minimum of once per year or when greater than 1-foot of sediment is documented during inspection. Emergency Overflow Drop Inlet Drop inlet manholes shall be inspected at least twice annually. Inlet shall be checked for obstructions, and any debris shall be removed. Sumps shall be cleaned free of all sediment at a minimum of once per year or when greater than 1-foot of sediment is documented during inspection. Emergency Overflow Swale Swale shall be inspected at least annually. Swale shall be inspected for signs of erosion and the vegetation health shall be evaluated. Any erosion shall be repaired and stabilized. Any areas of dead grass shall be repaired. The grassed swale shall be mowed as necessary, and at least twice per year. Attachment A: Stormwater Facility Maintenance Schedule Page 1of4 Bk: 11415 Pg: 70 Emergency Outlet Structure in Existing Linda Manor Basin All outlet control structures shall be inspected annually and after significant storm events and cleaned as necessary, in order to insure that the basin will function properly. Any silt and debris build-up must be removed. The outlet structure trash rack must be inspected and cleaned as necessary. Existing Linda Manor Detention Basin The basin should be inspected at least once annually to ensure proper operation. The outlet pipe and structure should be inspected at least twice per year and after any significant storm event for evidence of clogging or outflow release velocities. Clean any trash or debris from basin as necessary. Any built up sediment should be removed from the basin as necessary to avoid clogging of the outlet pipe. Emergency Outlet Pipe Plunge Pool Outlet The Rip Rap plunge pool at the outlet of the emergency overflow pipe shall be inspected at least once annually to ensure proper operation. The plunge pool shall be inspected for signs or erosion or other deterioration. Any erosion in the area around the pool and/or between the outlet and the banks of Beaver Brook shall be immediately repaired. The rip rap refreshed/supplemented as required. Drv Detention Basin The Dry Detention Basin shall be maintained as follows: 1. The basins should be inspected at least once per year to ensure proper operation. The outlet should be inspected for evidence of clogging or outflow release velocities. 2. The upper-stage, side slopes, embankment, and emergency spillway swale should be mowed at least twice per year. . 3. At least twice a year, check the sediment forebay for accumulated sediment, trash, and debris and remove it. 4. Sediment should be removed from the basin as necessary. Sediments and bottom vegetation shall be removed when the accumulate reaches the top of the proposed sediment elevation marker Benchmark. The sediment Benchmark shall be a concrete bound placed at the eastern end of the basin and installed 6-inches higher than the proposed bottom of the basin. Bottom of Basin Elevation: 506.0' Top of Concrete Bound: 506.5' When sediment approaches the top of the concrete monument, the owner shall remove all sediment and bottom vegetation to the original elevation. Basin shall be cleaned free of all sediment as necessary and at least once every five years. 5. Outlet Works -All outlet control structures shall be inspected annually and after any significant storm event and cleaned as necessary, in order to insure that the basin will function properly. Any silt and debris build-up must be removed from the RipRap surface area. The outlet structure trash rack must be inspected and cleaned as necessary. Attachment A: Stormwater Facility Maintenance Schedule Page 2 of 4 Bk: 11415 Pg: 71 6. Emergency Spill Way-Rip Rap in spillway area shall be inspected bi-annually any trash and/or vegetation shall be removed from the RipRap area. The grassed swale shall be mowed as necessary, and at least twice per year. Stormceptor Manhole 1. Unit should be inspected and cleaned post-construction, prior to being put into service. 2. Inspect every three months for the first year of operation to determine the oil and sediment accumulation rate. 3. In subsequent years, inspections can be based on the first year observations but at a minimum unit should be inspected quarterly. 4. Cleaning is required once the sediment depth reaches 15% of the storage capacity or at a minimum once every six months. Storm-Tech Chambers 1. The Storm-tech chamber shall be inspected at a minimum every six ( 6) months for the first year, and annually thereafter. 2. Inspect chamber row via proposed drainage manhole #1 (for Linda Manor) and via observation ports (Zoe Senior). If depth of sediment in chamber is greater than three (3) inches, maintenance is due as follows: Cleanout chamber row using JetVac process with a fixed culvert cleaning nozzle with rear facing nozzle spread of 45 inches or more. Apply multiple passes of JetVac until back flush water is clean. Vacuum manhole sump as required. Replace all caps, lids, and covers as required. Inspect and clean catch basins upstream of the Storm-Tech system. 3. Once every five years an inspection shall be conducted by a Massachusetts Registered Professional Engineer (PE) or a person working under the supervision of a PE. This inspection shall document the rate at which the infiltration system dewaters and the level of sediment in the subsurface chambers as witnessed from the inlets of observation wells. The inspections shall be conducted within twelve hours after the cessation of precipitation of a storm event greater than on inch over twenty four hours. The inspections shall be completed as follows: Over a period of 12 to 72 hours, note how long water is detained in the subsurface chambers after storm events. Determine the infiltration rate in each infiltration system: Within 12 hours of the cessation of precipitation, take an initial reading of the water surface elevation from a known point, such as the top of the inspection ports or outlet pipes. Use a ruler or stadia rod to measure the elevation of the surface of the water in the chambers. Monitor the water surface elevation over the next few hours and determine the water surface elevation drop to determine the rate of infiltration. Compare to the design rate and take appropriate actions as described above and/or below to clean or repair the system. Document findings and Attachment A: Stormwater Facility Maintenance Schedule Page 3 of 4 Bk: 11415 Pg: 72 corrective actions in the annual maintenance reports submitted to the DPW. The infiltration system has been designed with an infiltration rate of 1.02 inches per hours. If the system is found to be infiltrating at a rate less than 1.02 inches per hour or holding water longer than 72 hours after the cessation of precipitation, the owner must repair, replace, or reconstruct the infiltration system as necessary, for the system to operate as designed. Correction measures may include removal of the sediment from within the subsurface chambers and if necessary removal and replacement of the stone and liner of the system. Record Keeping and Annual Reoorts Records shall be maintained by _Berkshire Health Systems at their offices as described above and shall document all routine and emergency maintenance work performed by_ Berkshire Health Systems to the storm water 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 and the 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 stormwater management system and include a plan to correct the deficiencies. Attachment A: Stormwater Facility Maintenance Schedule Page4of4 ' . Bk: 11415 Pg: 73 ATTACHMENT B Property Instrument List Name of Project: Zoe Senior Retirement Community _____________ _ Project Location: 345/349 Haydenville Road ________________ _ Assessor's Map, Parcel(s): Map 06 Parcels 37 and 39, Portion of Parcel 55 ______ _ Subject Property Book 11293 Pages 234 and 238 Sewer Easement Book 5934 Page 20 [Part of document beginning at Page 19), as amended by Amendment and Grant of Easement by Margaret M. Ryan and Mary Ann Thrane dated November 16, 2012 and recorded in the Hampshire Registry of Deeds in Book 11312, Page 203. See also Paragraph 1.g. of Reciprocal Easement Agreement among Zoe Senior Retirement Community, LLC, Linda Manor, LLC, Linda Manor Nursing, LLC and Northampton Management Systems, Inc. dated May 15, 2013 and recorded in the Hampshire Registry of Deeds in Book 11314, Page 1. Drainage Easement Book 5934 Page 21 [Part of document beginning at Page 19) , as amended by Amendment and Grant of Easement by Margaret M. Ryan and Mary Ann Thrane dated November 16, 2012 and recorded in the Hampshire Registry of Deeds in Book 11312, Page 204 and Amendment and Grant of Easement by David M. Fleury and Shannon T. Fleury dated January 11, 2013 and recorded in the Hampshire Registry of Deeds in Book 11312, Page 205. Stormwater Drainage Easements See Paragraphs 1.c. and 1.f. of Reciprocal Easement Agreement among Zoe Senior Retirement Community, LLC, Linda Manor, LLC, Linda Manor Nursing, LLC and Northampton Management Systems, Inc. dated May 1, 2013 and recorded in the Hampshire Registry of Deeds in Book 11314, Page 1.