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Haydenville Rd Cell Tower_OM_20120215Bk: 10813 Pg: 260 STORMWATER MANAGEMENT OPERATION, MAINTENANCE, AND INSPECTION AGREEMENT City of Northampton, MA Department of Public Works (413) 587-1570 Bk: 10813Pg: 260 Page: 1 of 6 Recorded: 02/15/2012 11 :34 AM THIS AGREEMENT, made and entered into this 'K'"-day of (eku4'1)1 , 201~ by and between Global Tower Assets, LLChereinafter called the "Lessee", and the City of Northampton, hereinafter called the "City". WHEREAS, Smith Vocational and Agricultural High School ("Owner") and Lessee entered into a Ground Lease Agreement on June 21, 201 J for the construction of a Telecommunications Site and Facility located at Haydenville Road, Northampton, Massachusetts. WITNESSETH, that WHEREAS, the Owner granted to Lessee exclusive rights to real property consisting of approximately 10,000 square feet of land at Haydenville Road, Northampton, Massachusetts as described as (City of Northampton Assessors Map/Parcel/Lot Number) Map J 1, Block 002, Lot 001 as recorded by deed in the land records of Hampshire County, Massachusetts, Deed Book 2961 Page 0193, hereinafter called the "Property". WHEREAS, the Lessee is proceeding to build on and develop the property; and WHEREAS, the Site Plan known as Site Plan, Northampton, MA-5025, 0 Haydenville Road, Leeds, MA 01053 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, the Owner and the Lessee, 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 Lessee, 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 Lessee, 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 Lessee, 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. 3. The Lessee, 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 MA-5025 Draft Storm water Management agreement I 0-17-J 1 -rev 9/ 18/08 Page Bk: 10813 Pg: 261 of Public Works by October I st 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 Lessee, 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 storm water management facilities when annual reports have not been submitted and/or to respond to citizen complaints. The City shall provide the Lessee, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. 5. In the event the Lessee, 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 Lessee, 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 Lessee, 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 Lessee 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 Lessee, 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 Lessee agrees to hold the City harmless from any liability in the event the storm water management facilities fail to operate properly. 8. The Lessee, its successors and assigns, including any homeowners association, shall provide storm water 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 Lessee, its successors and assigns shall record all easements in the land records of the Hampshire County Registry of Deeds, Commonwealth of Massachusetts. 9. The Lessee, 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 Storm water Management Ordinance by mutual agreement of the DPW and the Lessee 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 Lessee or at the Lessee's 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 Lessee, its administrators, executors, assigns, heirs and any other successors in interests, including any homeowners association. MA-5025 Draft Stormwater Management agreement 10-17-1 l -rev 9/18/08 Page Bk: 10813 Pg: 262 WITNESS the following signatures and seals: LESSEE GLOBAL TOWER ASSETS, LLC a Delaware limited liability company Alexander L. Gellman President and COO STATE OF FLORIDA County of Palm Beach On this /:;ttJ.day of Dec2Lnbe.r-, 2011, before me, the undersigned notary public, personally appeared Alexander L. Gellman, the President and COO of Global Tower Assets, LLC, a Delaware limited liability company,, 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 voluntarily for its stated purpose. ' . ~w~ NOTARY PUBLIC My Commission Expires: CJcf. /7 ,;J{)/tf Col NORTHAMPTON . l By: ------------~- David J. Narkewicz Mayor COMMONWEALTH OF MASSACHUSETTS County of Hamps[t! On this day of Fe.bf'll1 Aj , 20 rz, before me, the undersigned notary public, personally appeared JM v\J_ S"· ~ d.e !.{) 'l k , proved to me through satisfactory evidence of identification, which was a D•·iver's Ucense, to be the person whose name is signed on the proceeding do~edged to me that he signed It voluntarily for Its stated purpose. /Jnvuef!t -· . Approved as to Form: NOTARY PUBLIC My Commission Expires: 10/zk}rf? 7 MA-5025 Draft Storm water Management agreement 10-17-11 -rev 9/ 18/08 Page Bk: 10813 Pg: 263 City Solicitor Date MA-5025 Draft Stormwater Management agreement 10-17-11 -rev 9/J 8/08 Page Bk: 10813 Pg: 264 ATTACHMENT A Stormwater Facility Maintenance Schedule Name of Project: GTP MA-5025 Northampton Raw Land Cell Tower Project Location: 0 Haydenville Road, Leeds, MA Assessor's Map, Parcel(s): Map 11, Block 002, Lot 001 Owner of the Stormwater System (Property): City of Northampton Smith Vocational/Agricultural High School Board o.f Trustees 80 Locust Street Northampton, MA 01060 Responsible Party for Operation & Maintenance of Stormwater System (Lessor): Global Tower Assets, LLC 750 Park of Commerce Boulevard, Suite 300 Boca Raton, FL 33487 Financial Responsibility for Operation & Maintenance of Stormwater System: Global Tower Assets, LLC 750 Park of Commerce Boulevard, Suite 300 Boca Raton, FL 33487 Maintenance Schedule Infiltration Trench -Once the system goes online, inspections shall occur after each storm event for the first few months to ensure proper stabilization function, and to ensure that the inlets and outlets remain free of obstructions. Preventative maintenance shall be pe1formed annually and after every major storm event with rainfall totaling greater than one inch and shall include removal of <!ccumulated sediment, inspection of the infiltration structure & media, and monitoring of groundwater to ensure proper operation of the system. Important items to check for include differential settlement, cracking, breakout, clogging of outlets, and root infestation. Water levels shall be checked and recorded against rainfall amounts to verify that the drainage system is working properly. Sediment Trap -During the construction phases of the project, the sediment traps that receive significant runoff shall be inspected monthly and cleaned as necessary, after major storms, or as directed by the Project Engineer or the Local Authorities. Thereafter, these structures should be cleaned and inspected at a minimum of once per year in the early spring or as needed after major storm events with rainfall totaling greater than one inch. Sediment traps shall be cleaned and inspected at a minimum of once per year in the early spring or fall. Important items to check for include differential settlement, cracking, erosion, leakage, condition of riprap, excessive growth, sediment accumulation, health of vegetation, and sediment capacity. Level Spreaders/Energy Dissipaters -During the construction phases of the project, the energy dissipaters and level spreaders that receive significant runoff shall be inspected monthly and cleaned as necessary and/or after major storms events with rainfall totaling greater than one inch. Thereafter, these structures Attachment A: Stormwater Facility Maintenance Schedule Page I of2 Bk: 10813 Pg: 265 shall be cleaned at least one per year in the spring or as needed depending on the frequency of major storm events with rainfall totaling greater than one inch. The riprap or concrete structure shall be inspected, cleaned of sediment and debris, and reinstalled as necessary to maintain effectiveness. These structures shall be carefully inspected for signs of channelization and repaired to maintain efficiency. Inspection of gravel areas shall be conducted to check for excessive vegetation. Vegetated & Stone-Lined Drainage Swales -Swales shall be inspected at least on an annual basis in the spring. Additional inspections shall be performed during the first few months after construction to ensure that adequate vegetation has been established. Regular maintenance shall include mowing, fertilizing, pruning, debris removal, and weed/pest control. Swales shall be mowed at least once per year to a minimum of 4-6 inches so as not to reduce the effectiveness of pollutant removal and energy dissipation. Accumulated sediment and debris shall be manually removed at least once per year. Refer to the Maintenance Matrix for additional inspection items. Record Keeping and Annual Reports Records shall be maintained by Global Tower Assets, LLC at their offices as described above and shall document all routine and emergency maintenance work performed by Global Tower Partners, LLC and their duly authorized affiliates to the stormwater management system. Each record 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. Post-Construction BMP Inspection & Maintenance Matrix BMPs shall be visually inspected and repaired by a qualified party in accordance with the following chart. The time tables depicted are minimums and should be adjusted throughout the project lifespan as required to maintain effectiveness. Refer to maintenance standards for drainage facility BMPs in the "Recommended Long-Term Stormwater Pollution Prevention Plan." Infiltration Trench Annually ../ ../ ../ ../ ../ ../ ../ Sediment Trap Annually ../ ../ ../ ../ ../ ../ ../ Level Spreader I Annually ../ ../ ../ ../ ../ ../ ../ ../ Energy Dissipaters Drainage Swales Annually ../ ../ ../ ../ ../ ../ ../ ../ ../ Attachment A: Stormwater Facility Maintenance Schedule Page 2 of2 A!'lWl': ~ £, ::~ (/. ftrrDOlltf&il PA!'IUOIA A.