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11 Village Hill Rd - Recorded Stormwater O&M 12-12-12\\ll\\l\\l\\ll~~~l~\\\l~~~~~~llll\\\l\l\\\ll\ Bk: 11150Pg: 16Page:1 016 Recorded: 12/12/2012 09:30 AM STORMWATER MANAGEMENT OPERATION, MAINTENANCE, AND INSPECTION AGREEMENT City of Northampton, MA Department of Public Works (413) 587-1570 TIIIS AGREEMENT, made and entered into this_]]_ day of November , 20 5 by and between (Insert Full Name of Owner) ___ N=ew~H~arm=~o~n,_y~P~ro,,,p~e~rt~ie~s~L~L~C~ _____________ hereinafter called the "Landowner", and the City of Northampton, hereinafter called the "City". WITNESSETH, that WHEREAS, the Landowner is the owner of certain real property at (Street Address) _______ _,I~I_V~i~ll~ag~e~H=i!l~Rc~o~a~d,_ _____ as described as (City of Northampton Assessors Map/Parcel/Lot Number) Mao 38A I Lot 107 as recorded by deed in the land records of Hampshire County, Massachusetts, Deed Book 11131 Page 50 , 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 "The Gatehouse" prepared for Wright Builders. Inc. by Berkshire Design Group, Inc .• Plans Ll-L7 dated 8/16/2012 and Kuhn Riddle Architects, Plans A2-l & A2-2 dated 8/16/2012. (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 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 stonnwater management facilities be constructed and rriaintained 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 stonnwater 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 stonnwater system. 3. The Landowner, its successors and assigns, shall inspect the stonnwater 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 Gatehouse -Stonnwater O&M Agreement approved 10-16-12 -rev 9/18/08 Page 1 J ~ stonnwater professional as approved by the DPW and submitted to the Northampton Department of Public Works by October 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, stonnwater 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 pennission to the City, its authorized agents and employees, to enter upon the Proper!Y and to inspect the stonnwater 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 fmdings and a directive to commence with the repairs if necessary. 5. In the event the Landowner, its successors and assigns, fails to maintain the stonnwater 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 thirlY days, the City may enter upon the Proper!Y 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 stonnwater 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. Jn the event the City pursuant to this Agreement, perfonns work of any nature, or expends any funds in perfonnance 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 storrnwater management facilities fail to operate properly. 8. The Landowner, its successors and assigns, including any homeowners association, shall provide stonnwater 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 offmancial responsibility, reconstruction of the approved stonnwater 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 Stonnwater Management Ordinance by mutnal 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 proper!Y owners or at the proper1Y 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. Gatehouse -Stonnwater O&M Agreement approved 10-16-12 -rev 9/18/08 Page2 at z WITNESS the following signatures and seals: New Hannony Properties. LLC Jonathan A. Wright (Type Name) Member (Type Title) COMMONWEALTH OF MASSACHUSETTS ..L1J::j~:1:1Lfil1.L__, 20 I '>-before me, the undersigned notary public, personally appeared .~'M1.tu.'.IU'1L.l-14.IJJ.1.efPU2__, proved to me througb satisfactory evidence of identification, which was a Driver's L ense, to be the per n whose name is signed on the proceeding document, and acknowledged to me that he signed it voluntarily for its stated purpose. rJ Carolyn F. Thayef My Commission Expires: ---~N=O~TARY PUBLIC My Commission Expires Oct. 8, 2015 CITY OF NORTHAMPTON By:~~ Da'dNeWicz, Mayor COMMONWEALTH OF MASSACHUSETTS County of Hampshire On this~ day of l>~b~t' , 20 1'2., before me, the undersigned notary public, personally appeared Ai;vrel ';T. /Ju11tf!f.tJ• l:.1..-, proved to me througb 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. ~· d.~~ ««-~"""' NOTARY PUBLIC My Commission Expires: Approved as to Form: City Solicitor Date Gatehouse -Stormwater O&M Agreement approved 10-16-12 -rev 9/18/08 Page: 3 ~3 ATTACHMENT A Stormwater Facility Maintenance Schedule Name of Project: The Gatehouse, Village Hill Project Location: 11 Village Hill Road, Northampton, Massachusetts Assessor's Map, Parcel(s): Map 38A I Lot 107 Owner of the Stormwater System: New Harmony Properties LLC 48 Bates Street Northampton, MA 01060 Shall be responsible for the stormwater management system until such time as the property changes to its final buyer. All responsibilities for maintenance and compliance will remain with the property owner of record. Responsible Party for Operation & Maintenance of Stormwater System New Harmony Properties LLC 48 Bates Street Northampton, MA 01060 Shall be responsible for the stormwater management system until such time as the property changes to its final buyer. All responsibilities for maintenance and compliance will remain with the property owner of record. Financial Responsibility for Operation & Maintenance of Stormwater System: New Harmony Properties LLC 48 Bates Street Northampton, MA 01060 Shall be responsible for the stormwater management system until such time as the property changes to its final buyer. All responsibilities for maintenance and compliance will remain with the property owner of record. Attachment A: Stormwater Facility Maintenance Schedule Page 1 of3 Maintenance Schedule Parking Lot Street Sweeping Street and parking area sweeping shall take place twice annually. Hooded Catch Basin Oil and water separators 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 Chamber, of which there are 2 StormCeptor Model# STC450i water quality structures or equal, shall be cleaned at least once annually. The system should be inspected and maintained according the manufacturer's specifications. Rinker, the manufacturer ofStormceptor recommends that maintenance be completed on the structures 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. The rate at which the system collects pollutants will depend on site activities. Maintenance or cleaning shall be performed when the stored volume reaches 15% (6 inch sediment depth) of the Stormceptor capacity, when oil (hydrocarbon) has accumulated to 1 inch or greater depth, or immediately in the event of a fuel or oil spill according the manufacturer's specifications. All material removed from the Stormceptor shall be disposed in accordance with applicable local, state, and federal guidelines and regulations. For more detail of how the StormCeptor should be maintained see the StormCeptor's Owner Manual. Subsurface Infiltration Basin The Infiltration basin requires regular removal of accumulated sediment to maintain an optimal rate of infiltration. Pretreatment BMPs (Deep Sump Hooded Catch Basins and Stormwater Treatment Chambers) should be routinely inspected and cleaned at least once a year for overall function and removal of any sediment entering the infiltration system. The subsurface infiltration basin has been incorporated into the stormwater system for the site to specifically receive roof runoff and treated water and, therefore, is not expected to receive large amounts of bulk sediments. Proper maintenance of roof gutters and pretreatment systems will help to protect the integrity of the infiltration basin. See respective maintenance instructions for both pre-treatment systems. After large storms the basin should be inspected for ponding water through the access ports and overall function. If ponding is occurring for longer than 72 hours this may indicate that the basin requires rehabilitation. To rehabilitate a basin, all accumulated sediment must be stripped from the bottom, the bottom of the basin must be scarified and tilled to induce infiltration, and all of the stone aggregate and filter fabric or media must be removed and replaced. Attachment A: Stormwater Facility Maintenance Schedule Page 2 of3 Outlet Control Structure The outlet control structure adjacent to the subsurface infiltration basin should be inspected at least twice per year and after significant storm events for sediment and debris accumulation, overall function, and that any orifice holes within the outlet riser pipe are free of obstruction. Sediments and debris should be removed and disposed of in accordance with local, state and federal guidelines and regulations. Record Keeping and Annual Reports Records shall be maintained by the Owner at their offices as described above and shall document all routine and emergency maintenance work performed by the Owner 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 stormwater 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 Page 3 of3 .U::?::. ':Yf': ElclITfkc.'.tlB, 12~~~~:'!'.~~::~~tlti l'11iiCI&"l'filR %----------------------------------------------% Official Receipt for Recording in: Hampshire County Registry of Deeds 33 King St. Northampton, Massachusetts 01060 Issued To: WRIGHT BUILDERS INC 48 BATES ST NORTHAMPTON HA 413-586-8287 Recording Fees %----------------------------------------------% Document Recording Description Number Book/Page Amount *----------------------------------------------% AGR 00030339 11150 16 $75. 00 NEW HARMONY PROP $75. 00 Collected Amounts $----------------------------------------------% Payment Type Amount %----------------------------------------------% Check 42131 $75.00 Total Received : less Total Recordings: Change Due Thank You PATRICIA A. PLAZA -Register of Deeds By: Debbie l Receiptfi Date Time 0257434 12/12/2012 09:30a $75.00 $75.00 $75. 00 $.DD