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Belmont Ave_Smith Health Services_OMHampshire County - 20/20 Perfect Vision i2 Document Detail Report Current datetime: 9/8/2014 8:47:57 AM Doc#Document Type Town Book/Page File Date Consideration 15035 AGREEMENT 11727/311 08/19/2014 Property-Street Address and/or Description 21 BELMONT AVE Grantors NORTHAMPTON CITY, TRUSTEES OF SMITH COLLEGE, SMITH COLLEGE, NORTHAMPTON CITY PUBLIC WORKS Grantees STORMWATER MANAGEMENT OPERATION MAINTENANCE &amp; INSPECTION AGR References-Book/Pg Description Recorded Year 08893/61 DEED 2006 Registered Land Certificate(s)-Cert# Book/Pg Bk: 11727 Pg: 311 STORMW ATER MANAGEMENT OPERATION, MAINTENANCE, AND INSPECTION AGREEMENT I 111111111111111111111Ill\11111111111111111111111111111111111111111 Ill\ \Ill 2014 00015035 Bk: 11727Pg: 311 Page: 1 of 6 Recorded: 08/19/2014 09:54 AM City of Northampton, MA Department of Public Works (413) 587-1570 THIS AGREEMENT, made and entered into this.2i day of ~f('-\ L- Name of Owner) '}°kR-\~tA.S n---e S of S'\\.~ llli , 20 _l1, by and between (Insert Full (' U "-L.-t:.G i:::.-hereinafter called the "Landowner", and the City of Northampton, hereinafter called the "City". WlTNESSETH, that WHEREAS, the Landowner is the owner of certain real property at (Street Address) 'h \ BO.-M CJt-1 r ,ft\;~ as described as (City of Northampton Assessors Map/Parcel/LotNumber) l'v\A;P ':3\D 1 Lo!\ 2V111 {.\,"<-Cl 3b · 41 asrecordedbydeedintheland records of Hampshire County, Massachusetts, Deed Book B'0°\ 3 Page (.QI , 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 \...l A ~~~~~~~~~~~~~~~~~~~~~~~~~~~ (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 storm water within the con fines of t1e 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 nanagement 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 adequatdy 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 Managemenl 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: l. 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 ade.~uately 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 t1at 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 OandM Agrcement_rev 2012 DOC _201312121121186375 Pag1 Bk: 11727 Pg: 312 of Public Works by October I" 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 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. OandM Agreement_rev 2012 DOC_201312121121186375 Pa gt Bk: 11727 Pg: 313 WITNESS the following signatures and seals: Company/Corporation/Partnership Name (Seal) By:~~-+-r---T-"~~~-- PCT S\2--6AG N 0 N (Type Title) COMMONWEAL TH OF MASSACHUSETTS County of Hampshire I On this3sJ_ day of ~~ \ , 20 14, before me, the undersigned notary public, personally appeared .Pct\ f\. Gt>. Q_l'\af\ , proved to me'tfirough satisfactory evidence of identification, which was a Driver's License, to be the p~hon whose name is signed on the proceeding document, and acknowledged to me that he signed it voluntarily for its stated purpose. ': Q }"' . ' ~ LISA M. NAWROCKI ~QJJ.)}'(fJ QJCJ @ Notary Public NOTARY PUBLIC Commonwealth of Massachu1eth \ f'\. _ -Z I-/ 9 My Commiuian l:xpire1 My Commission Expires: _ v _,d October 31, 2019 ~~~~- CITY OF NORTHAMPTON 3'' n~~,!~o-r----~~~ COMMONWEAL TH OF MASSACHUSETTS County of Hampshire On this ~day of , 20 li, before me, the undersigned notary public, personally appeared O · ~.ii 'Z., proved to me through satisfactory evidence of identification, which was a Driver's License, t be the person whose name is signed on the proceeding document, and acknowledged to me that he signed it voluntarily for its stated purpo~e. ---li\~b, . ~ NOTARY PUBLIC My Commission Expires~? OandM Agreement_rev 2012DOC_201312121121186375 Pag1 fAt>f-' ~ Bk: 11727 Pg: 314 Smith Schacht Center for Health and Wellness September26, 2013, Rev. May 15, 2014 Northampton, Massachusetts Stormwater Management Plan System Operation & Maintenance During Construction The Contractor shall be responsible for inspection and maintenance during construction. At all times, siltation fabric fencing, stakes and hay bales sufficient to construct a sedimentation control barrier a minimum of 50 feet long will be stockpiled on the site in order to repair established barriers which may have been damaged or breached. An inspection of all erosion control and storrnwater management systems shall be conducted by the Contractor at least once a week and during all rain storms until the completion of construction. In case of any noted breach or failure, the Contractor shall immediately make appropriate repairs to any erosion control system and notify the engineer of any problems involving storrnwater management systems. A rain storm shall be defined as all or one of the following: • Any storm in which rain is predicted to last for twelve consecutive hours or more. • Any storm for which a flash flood watch or warning is issued. • Any single storm predicted to have a cumulative rainfall of greater than on(}-half inch. • Any storm not meeting the previous three thresholds but which would mark a third consecutive day of measurable rainfall. The Contractor shall also inspect the erosion control and stormwater management systems at times of significant increase in surface water runoff due to rapid thawing when the risk of failure of erosion control measures is significant. In such instances as remedial action is necessary, the Contractor shall repair any and all significant deficiencies in erosion control systems within two days. The Northampton Department of Public Works shall be notified of any significant failure of stormwater management systems and erosion and sedimert control measures and shall be notified of any release of pollutants to a water body (stream, brook, pond, etc.). The Contractor shall remove the sediment from behind the fence of the sedimentation control barrier when the accumulated sediment has reached one-half of the original installed height of the barrier. Post-Construction Stormwater Management System Owner: Smith College 7 College Lane Northampton, MA 01063 ( I l l l l I j I I I ' 1 Bk: 11727 Pg: 315 Smith Schacht Center for Health and Wellness September26, 2013, Rev. May 15, 2014 Northampton, Massachusetts Party Responsible for Operation & Maintenance: Smith College 7 College Lane Northampton, MA 01063 Inspection & Maintenance Schedule: 1) Street Sweeping Street and parking area sweeping shall take place a minimum of 2 times per year. 2) Hooded Catch Basin and/or Drain Manhole with Sump 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. 3) Stormwater Treatment Chambers 4) The Stormwater Treatment Chamber, of which there is 1 StormCeptor (Model# STC450) water quality structure or equal treatment chamber, shall be inspected and maintained according the manufacturer's specifications. Rinker, the manufacturer of Stormceptor 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 Detention Basin & Outlet Control Structure The subsurface detention basin requires regular removal of accumulated sediment to maintain volume capacity. Pretreatment BMPs (Deep Sump Hooded Catch Basin) should be routinely inspected and cleaned at least twice a year to prevent sediment from entering the infiltration system. Proper maintenance of roof gutters 2 I l l l I l l I J I l l Bk: 11727 Pg: 316 Smith Schacht Center for Health and Wellness September 26, 2013, Rev. May 15, 2014 Northampton, Massachusetts and pretreatment systems will help to protect the integrity of the subsurface detention basin. The outlet control structure should be inspected after large storms to ensure no debris is prohibiting flow through the outlet orifices in the riser pipe. All materials removed from the detention basin and outlet control structure should be removed and disposed of in accordance with local, state and federal guidelines and regulations. The Subsurface Detention Structure should be inspected twice a year, and if any sediment is observed within the structure, the structure should be cleaned. The structure can be cleaned by jetting water from the manifold with multiple access ports toward the opposite manifold, and then jetting from one end of the manifold to the other end, and then any accumulated sediment should be vacuumed out.