King St_347_Country Hyundai_OM_20130408Bk: 11274 Pg: 285
STORMW ATER MANAGEMENT OPERATION,
MAINTRNANCE, AND INSPECTION AGREEMENT
111~1~1~11~111~~ 2013 00008031
Bk: 11274Pg: 285 Page: 1 of 6
Recorded: 04/08/2013 09:05 AM
City of Northampton, MA
Department of Public Works
(413) 587-1570
THIS AGREEMENT, made and entered into this 2stlday of February , 20..E_, by and between (Insert Full
Name of Owner) ____ c_o_s_e_n_z_i _A_u_t_om_o_t_i_v_e_R_e_a_l_ty~L_i_m_i t_e_d_P_ar_t_n_e_r_sh_i~· p~----~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)
_3_4_7_K_in~g~s_t_re_e_t~,_No_r_t_h_a~mp,__t_o_n-'-,_MA __ o_1_0_6 o ____ as described as (City of Northampton Assessors
Map!Parcel/Lot Number) __ 1a_o_/_o_s_1/_0_0_1 ______________ as recorded by deed in the land
records of Hampshire County, Massachusetts, Deed Book 10910 Page __ 12 __ , 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 ____ c~o~u_n~t_ry~H~y_un_d~a_i ________________ ~
(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
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_rev 2012 Page 1 of3
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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.
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 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 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_rev 2012 Page 2 of3
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WITNESS the following signatures and seals:
/-
Cosenzi· Automotive Re ty:/£imited Partnership
Com~anyforpora~.~f h7Name (Seal)
By: ---.:.(.,.....-'<J.(d"'-'':. l--4.1'.t ..... >z~·:;*-l"i-" +'=(="J~;;&..,...1-..)~~·· ~· ~l-·--
carla Cosel)
(Type Name)
owner
(Type Title)
COMMONWEALTH OF MASSACHUSETTS
County of Hampshire
.,...._""-.r;-.Y oi)YltlAvl , 20 J3.., before me, the undersigned notary public, personally
~'"""'" ....... -:-''-.'-.fi:ll.::>t>"i~· ~--" proved to me through satisfactory evidence of identification, which was a
n whose name is signed on the proc ing documen d acknowledged to me that
tated purpose.
My Commission Expires: df -PS--15
COMMONWEALTH OF MASSACHUSETTS
County of Hampshi~ _ I
On this~ day of If a /'CJl-, 2oll_, before me, the undersigned notary public, personally
appeared l>•V lti T tltrcieKJ1 c~roved to me through satisfactory evidence of identification, which was a
Driver's License, to be the person whose name is signed on the ~eedi~g document, and apknowledged to me that
he ~gned it voluntarily fm ;ts stated pmpose. ~ ~
O&M Agreement_rev 2012
NOTARY PUBLIC
My Commission Expires: /D lZh /J ~ I I
Page 3 of3
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ATTACHMENT A
Stormwater Facility Maintenance Schedule
Name of Project: Country Hyundai
Project Location: 347 King Street. Northampton, MA 01060
Assessor's Map, Parcel(s): 18D/ 051/001
Owner of the Stormwater System:
Cosenzi Automotive Realty Limited Partnership
40 Russell Street
Hadley, MA 01035
Responsible Party for Operation & Maintenance of Stormwater System
Cosenzi Automotive Realty Limited Partnership
40 Russell Street
Hadley, MA 01035
Financial Responsibility for Operation & Maintenance of Stormwater System:
Cosenzi Automotive Realty Limited Partnership
40 Russell Street
Hadley, MA 01035
Maintenance Schedule
Please see the attached Post Construction Stormwater Operation & Maintenance Plan Inspection
& Maintenance Report form taken from the previously submitted Stormwater Report & Pollution
Prevention Plan prepared by Associated Builders, Inc., revised February 25, 2013.
Records shall be maintained by Cosenzi Automotive Realty L.P. at their offices as described
above and shall document all routine and emergency maintenance work performed by Safety-
Kleen to the storm water 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 1 of 1
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Stormwater Report & Pollution Prevention Plan
Proposed Automobile Dealerships
Northampton Volkswagen & Country Hyundai
347 King Street
Northampton, MA 01060
Prepared for:
Cosenzi Automotive Realty Limited Partnership
40 Russell Street
Hadley, MA 01035
Al Prepared by:
ASSOCIATED BUILDERS, INC.
4 INDUSTRIAL DRIVE, SOUTH HADLEY, MA 01075
Prepared on:
June 7, 2012
Revised November 9, 2012
Revised February 25, 2013
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Post Construction Stormwater Operation & Maintenance Plan
Inspection & Maintenance Report
l"YO oose d Automobile Dealershios. 347 & 361 Kina Street. Northamoton. MA 01060 . ~ , , ,
System to be Scheduled Date Maintenance & Inspection Required
Inspected Inspections Inspected Procedure Maintenance
Februa~ 151h
Catch basins with hoods and sumps will hold accumulated sand,
sediment and floatables. Inspect four times per year for accumulated
(9) Catch Basins April 301 sediment and/or hydrocarbons. Clean structures at least once a year
July 15th or whenever the sump is greater than 50% full. Necessary sediment
October 30th and hydrocarbon removal shall be performed immediately upon
identification.
Inspect the dumpster monthly for leakage and spills. Ensure that the
(1) Dumpster Monthly dumpster is covered and water is not entering or leaving the unit.
Clean any spills immediately and repair as necessary.
Gutter & April 30th Inspect for debris accumulation and clogs. Inspect for snow or ice
Downspouts October 30th buildup during winter months after storms. Remove and dispose of
debris, clogs, snow and ice as necessary.
Follow manufacturer's maintenance recommendations:
• Inspect every six months for the first year to determine
the oil and sediment accumulation rate.
• In subsequent years, inspections can be based on first-
Hydrodynamic
April 30th
year observations or local requirements.
Separators • Cleaning is required annually, immediately if a spill occurs
Stormceptor Models October 30th or when sediment depth reaches 15% of storage
900 & 450i capacity, (generally taking one year or longer).
• Inspect the unit immediately after an oil, fuel or chemical
spill.
• A licensed waste management company should remove
oil and sediment and disoose resoonsiblv.
Parking Lot Monthly Inspect inventory storage areas for signs of spills or leaks. Clean in
Inspection accordance with local, state and federal regulations.
April 30th
Inspect for accumulated sand, sediment, etc. and any erosion.
Snow Storage Areas Remove and dispose of accumulated debris annually or after
significant snowmelt if necessary. Repair any erosion immediately.
Sweeping April 30th Sweep paved areas in the spring after winter sand season and in the
October 30th fall after leaves have fallen.
Stormwater Control Manager---------------
Date of
Maintenance
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