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Coca Cola OM_20111025 Recorded. . , Bk: 10697 Pg: 87 STORMW ATER MANAGEMENT OPERATION, MAINTENANCE AND INSPECTION AGREEMENT City of Northampton, MA Department of Public Works (413) 587-1570 Bk: 10697Pg: 87 Page: 1 of 5 Recorded: 10/25/2011 01 :00 PM THIS AGREEMENT, made and entered into this 3 lst day of Aug, 2011, by and between Coca-Cola Refreshments hereinafter caijed the "Landowner", and the City of Northampton, hereinafter called the "City". WITNESSETH, that WHEREAS, the Landowner is the owner of certain real property at 45 Industrial Dr as described as 25A-185-001 as recorded by deed in the land records of Hampshire County, Massachusetts, Deed Book 4571 Page77, 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 Chilled Expansion 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 ofstormwater 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 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: I. 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 storm water 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 1 •1 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. O&M Agreement_9 _ 08.doc -rev 9/18/08 Page I of2 Classified -Internal use Bk: 10697 Pg: 88 4. The Landowner, its successors and assigns, hereby grant pennission to the City, its authorized agents and employees, to enter upon the Property and to inspect the stormwater management facilities whenever theC-ity deem&nooessary, The-purpese ofinspection is to follow-uJl 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 perfonn 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 stonnwater control, preservation of storm water runoff conveyance, infiltration, and detention areas and facilities, including flood routes for the I 00-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. I 0. 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_9 _ 08.doc -rev 9/18/08 Classified -Internal use Page I of2 '• Bk: 10697 Pg: 89 WITNESS the following signatures and seals: _Coca-Cola Refreshments _____ _ Company/Corporation/Partnership Name (Seal) By: ----'-:;[)_~o ------'-l~J._~iL~--- County of Hampshire Dennis Williams {Type Name) _General Manager __ {Type Title) COMMONWEALTH OF MASSACHUSETTS On this K day of ~ .f -k_,....1 ~ , 20 _l1 before me, the undersigned notary public, personally appeared D-c./'\ A :Y W ~ \ C 5 , 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 'igned it voluntorily for i1' 'lated purpo,.. ~-------- l~.·~,~.;(~.c:::o.' .. ~gi,1~.~:<~S~ ::::~:~::Pi"'' c} -I -I 5 t_~J1'/J My Comrni;.>si':m Expires ~:i-~ F.:::.Jn !Pr' 1: ~o 1 :~ ...... • ..... _ <:·<:y, COMMONWEALTH OF MASSACHUSETTS County of Hampshire . . On this .i{jtli day of t'-e.p/eaJe/' , 20 ~. before me, the undersigned notary public, personally appeared bW~t{_ ::s: M4.&w1ci. , 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 ~ OFFICIAL SEAL - CORINNE PHILIPPIDES NOTARY PUBLIC COMMONWEALTH OF MASSACHUSETTS My comm. Expires Nov. I 0, 201 l Approved as to Form: City Solicitor O&M Agreement_9 _ 08.doc -rev 9/18/08 My Commission Expires: II J /C /ii r I Classified -Internal use Date Page 1 of2 Bk: 10697 Pg: 90 ATTACHMENT A Stormwater Facility Maintenance Schedule Name of Project: Filling line addition Project Location: 45 Industrial Dr, northampton, MA Assessor's Map, Parcel(s): 25A 185 Owner of the Stormwater System: The Coca-Cola Co Responsible Party for Operation & Maintenance of Stormwater System The Coca-Cola Co Financial Responsibility for Operation & Maintenance of Stormwater System: The Coca-Cola Co Maintenance Schedule Parking Lot Sweeping: Inspect monthly and sweep twice per year at a minimum in the spring and the fall or as needed after inspection. Catch Basins/Trench Drains: Inspect every 4 months Clean out accumulated sediment, floating oils, and debris annually or as needed after inspection. 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. Oil/water separators: Inspect every month. Clean out accumulated oil and sediment monthly or as needed after inspection. 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. Sediment Forebay: Inspect every month. Clean out accumulated sediment every 4 months or as needed after inspection. Replace vegetation after cleaning out as required by re-seeding or re-sodding. Attachment A: Stormwater Facility Maintenance Schedule Classified -Internal use Page 1 of2 . . . . . .· ... Bk: 10697 Pg: 91 Infiltration Basin/Outlet Control Structure: Inspect infiltration basin and outlet control structure twice per yeat and aftefevery storm event of 3inches of rainfall/24hr and when drainage discharges through the high water outlet grate. Inspect for signs of differential settlement, cracking, erosion, leakage in the embankment tree growth in the embankment, sediment accumulation, health of turf, and duration of draw down of ponded water in the basin. Clean out accumulated sediment and replace vegetation by re-seeding or re-sodding. Mow basin and remove grass clippings to prevent organic mat from forming. Perform drawdown rate analysis every 5 years to verify the pond exfiltrates in less than 72 hours. If the inspection of the infiltration system results in evidence of sediment in the system and failure of the system to dewater as designed, the owner shall repair, replace, or reconstruct the infiltration system as necessary for the system to operate as designed. Water Quality Structure (Stormceptor) The Stormceptor water quality structure shall be inspected and maintained according the manufacturer's specifications. The manufacturer recommends that maintenance be done on the structure at least once per year, but advises that the units be checked once every three months during the first year to determine the rate of sediment and oil accumulation and to establish an appropriate maintenance schedule. Maintenance or cleaning will be performed after the stored volume reaches 15% of the Stormceptor capacity, or immediately in the event of a fuel or oil spill according the manufacturer's specifications. All material removed from the Stormceptors shall be disposed in accordance with applicable local, state, and federal guidelines and regulations. Underground Detention Basin Inspect underground basin monthy and after every major rain event to insure proper drainage of basin. Remove sediment from the subsurface stormwater detention system on as needed basis, once a year or more frequent depending on the accumulated siltation. Record Keeping and Annual Reports Will submit annual report starting Oct 2011. Records will include purchase orders for cleaning services and PE stamped inspection report Records shall be maintained by Coca-Cola Co at their offices as described above and shall document all routine and emergency maintenance work performed by Coca-Cola to the stormwater management system and shall bear the signature of the individual supervising the work. Annual reports documenting the inspection and maintenance of the storm water management system shall be certified by 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. Attachment A: Stormwater Facility Maintenance Schedule Classified -Internal use L:i1'"'1T; liJIMPSRIR©, ~ tl ~!UIGlS'l'lm PATRICIA A. P Page 1 of2