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King St_361_Northampton Volkswagen_OM_20130408Bk: 11274 Pg: 291 STORMW ATER MANAGEMENT OPERATION, MAINTENANCE, AND INSPECTION AGREEMENT 111111111111111111111111111111111111111111111111111111111111111111111111111 2013 00008032 Bk: 11274Pg: 291 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 2stlrlay of February , 20~, 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_t.:...y_L_i_m_i_te_d_P_a_rt_n_e_r_s_hi....:' 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_6_1_K_in~g~S_t_re_e_t_,_N_o_r_t_h_am~p~t_o_n~,_MA __ o_1_06_0 ____ as described as (City ofNorthampton Assessors Map/Parcel/Lot Number) __ 1a_o_/_0_1_1/_0_0_1 ______________ as recorded by deed in the land records of Hampshire County, Massachusetts, Deed Book 10910 Page __ 1_2 __ , 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 -----=Nc..:o;.::r..::;t::.:cha=:m""p;..:t""o::.:cn_v;,.,;o;.::lc..:k.=.sw;;.;a::og""e;;:,:n _____________ _, (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 Bk: 11274 Pg: 292 of Public Works by October 1st 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 Bk: 11274 Pg: 293 WI1NESS the following signatures and seals: ....-: /" / , Cosen Automotive Realt /·~imited Partnership Comf /_ Coiporat~?Jartn/rshjP Name (Seal) • I ,' / I 11 / : ' , ·'7 • By:~4=~....,..~"""----l,'---V-7"'-.A1~._,_,=--·r::t:-~' ~~ owner (Type Title) COMMONWEAL TH OF MASSACHUSETIS County of Hampshire My Commission Expires: .3-~5 -I 5 C~ITYOFNOR~N By: --~~~~~--- DaVid:afkewicz, Mayor COMMONWEAL 1H OF MASSACHUSETIS County of Hampshire On this 2'1 rl day of ~ TC L , 2013, before me, the undersigned notary public, personally appeared 'f>t (J4 .J: °Afhd 'i proved to me through satisfactory evidence of identification, which was a Driver's License, to be the person whose name is signed on the ffeedin: document, and ackpowledged to me that he ,;gnod it volunt>vay Jbd~-.! pmpose. ~ ~A .. NOTARY PUBLIC My Commission Expires: /Ob--6;, /; f? I I O&M Agreement_rev 2012 Page3 of3 Bk: 11274 Pg: 294 ATTACHMENT A Stormwater Facility Maintenance Schedule Name of Project: Northampton Volkswagen Project Location: 361 King Street, Northampton, MA 01060 Assessor's Map, Parcel( s ): 18D/071/001 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 1of1 Bk: 11274 Pg: 295 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 ~ i ~- ~ 0 ..... ~ M ,. Post Construction Stormwater Operation & Maintenance Plan Inspection & Maintenance Report Pro1Josed Automobile Dealerships, 347 & 361 King Street, Northampton, MA 01060 System to be Inspected (9) Catch Basins (1) Dumpster Gutter & Downspouts Hydrodynamic Separators Stormceptor Models 900 & 450i Parking Lot Inspection Snow Storage Areas Sweeping Scheduled Inspections Februa~ 15th April 30 July 151h October 30th Monthly April 30th October 30th April 30th October 30th Monthly April 30th April 30th October 30th Date Inspected Maintenance & Inspection Procedure Catch basins with hoods and sumps will hold accumulated sand, sediment and floatables. Inspect four times per year for accumulated sediment and/or hydrocarbons. Clean structures at least once a year or whenever the sump is greater than 50% full. Necessary sediment and hydrocarbon removal shall be performed immediately upon identification. Inspect the dumpster monthly for leakage and spills. Ensure that the dumpster is covered and water is not entering or leaving the unit. Clean any spills immediately and repair as necessary. Inspect for debris accumulation and clogs. Inspect for snow or ice 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- year observations or local requirements. • Cleaning is required annually, immediately if a spill occurs or when sediment depth reaches 15% of storage 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 dispose responsibly. Inspect inventory storage areas for signs of spills or leaks. Clean in accordance with local, state and federal regulations. Inspect for accumulated sand, sediment, etc. and any erosion. Remove and dispose of accumulated debris annually or after significant snowmelt if necessary. Repair any erosion immediately. Sweep paved areas in the spring after winter sand season and in the fall after leaves have fallen. Stormwater Control Manager ______________ _ Required Maintenance Date of Maintenance DJ " ~ ~ N ...... .l=oo ""D (Q N CD en