331 & 349 Hadenville Rd_OM_20130807Bk: 11415Pg: 66 Page: 1 of 8
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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
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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
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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 ~/
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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
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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
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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
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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
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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.