Spring St_455_Fairway Village OM_20120217Bk: 10815 Pg: 175
STORMWATER MANAGEMENT OPERATION,
MAINTENANCE, AND INSPECTION AGREEMENT
City of Northampton, MA
Department of Public Works
(413) 587-1570
lllHllU~JIHlllH
Bk: 10815Pg: 175 Page: 1of5
Recorded: 02/17/2012 08:39 AM
THIS AGREEMENT, made and entered into this i~ay of fekwKy , 20 l1-, by and between Fairway Village
Condominium Trust, 455 Spring Street, Leeds, MA 01053_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 455 Spring Street, Leeds,
MA 01053, as described as (City ofNorthampton Assessors Mapl6A, Parcels 001-015, Block020, and as recorded
by deed in the land records of Hampshire County, Massachusetts, Deed Book 02572, Page 178, 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 Fairway Village -Stormwater Permit Paving and Improvements Plan as
amended on October 10, 2011, 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 existing on-site stormwater management facilities as shown on the amended Plan
be 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 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 storm water. 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.
2 .. 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
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.
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3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
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WITNESS the following signatures and seals:
Fairway Village Condominium Trust
By: _a_~-~--______.,,.'--r-----
/ffL.hr/
Alan Height
-7?e4'..t7Z £.-
President
COMMONWEAL TH OF MASSACHUSETTS
County of Hampshire
On this 5th day of December, 2011, before me, the undersigned notary public, personally appeared Alan
Height, 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 v~ for its
stated purpose. /
NORTHAMPT
\._....__----~
By: -----+---~
Mayor
COMMONWEAL TH OF MASSACHUSETTS
County of Hampshire
O,P_ this~ day of F-dr~ /II{ , 201Pl,before me, the undersigned notary public, personally
appeared/Jau;;;rJuacRe, w/Wro.Ved 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, l)d acknowledged to me that
he signed it voluntarily for its stated purpose. ~
~~-=---~~__:_~~~--,~~:i!'.3.o~=--~
NOTARY PUBLIC
My Commission Expire"#
Approved as to Form:
City Solicitor Date
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ATTACHMENT A
Stormwater Facility Maintenance Schedule
Name of Project: Fairway Village -Asphalt Paving & Improvements Plan _____ _
Project Location: 455 Spring Street, Leeds, MA 01053 ____________ _
Assessor's Map, Parcel(s): Map 16A, Parcels 001-015, Block 020 _________ _
Owner of the s;tormwater System:
Fairway Village Condo Association, Inc
455 Spring Street
Leeds, lVlA. 01053
Responsible Party for Operation & Maintenance of Stormwater System
Fairway Villag~ Condo Association, Inc
455 Spring Street
Leeds, MA 010~3
Financial Responsibility for Operation & Maintenance of Stormwater System:
Fairway Villag~ Condo Association, Inc
455 Spring Street
Leeds, MA 01053
I
MaintenancJ Schedule
1) Street s}veeping .
Street and parking area sweeping shall take place at least twice annually. At a minimum,
street s~eeping shall occur immediately following snow melt and during the Fall season,
after leaves have dropped and before snow accumulates.
2) Catch Basin and/or Drain Manhole with Sump
Deep slp catch basins should be inspected at least two times per year, at the end of
foliage a'.nd snow removal seasons, and cleaned as necessary, whenever 50% of the sump
volume is filled or at least once per year. Oil and sediments should be removed and
disposed of in accordance with local, state and federal guidelines and regulations. In the
case of dn oil or bulk pollutant release, the system must be cleaned immediately
following the spill and the proper authorities notified.
I
Snow Rfmoval & Management Plan
General
1
The stokwater management system is designed to accommodate volumes from snow
melt. Since plowed snow from paved surface may contain salts, sediment, oils and
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I I Atta::hment A: Stormwater Facility Maintenance Schedule Page 1 of 2
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I various pollutants, all snow melt from vehicular areas on the site shall be routed through
the drainage system or removed from the site.
Principles
i i
1. The Qwner shall provide a copy of this plan and a schedule or vehicle rotation scheme
to plowipg contractors such that plowing may occur in an efficient manner. This may be
altered based on employee schedules or severity or :frequency of snow events. '
2. No snow shall be dumped or stockpiled directly into any resource area or within any
area such that untreated snow melt may enter a resource area.
3. Snow: removed from the site shall be disposed of such that it or its melt will have no
adverse ~ff ect on other resource areas.
I
4. The Owner shall use alternative eco-:friendly solutions throughout the site in place of
standard de-icing materials whenever possible.
5. The Conservation Commission and DPW shall be notified where a violation of this
plan occurs.
I Records shall b~ maintained by Hampshire Property Mangement Group at their offices at 150
Main Street, 3rdiFloor, Northampton, MA, 01060, and shall document all routine and emergency
maintenance wqrk performed by The Fairway Village Condominium Association to the
stormwater management system and shall bear the signature of the individual supervising the
work. Annual r~ports documenting the inspection and maintenance of the stormwater
management sy~tem shall be certified by Registered Professional Engineer or a qualified
stormwater professional as approved by the Northampton Department of Public Works and
submitted to the DPW no later than October 151 of each year.
Attachment A: Stormwater Facility Maintenance Schedule
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