Glendale Rd Cluster_OM_recorded 202203092022 OOOOS48
STORMWATER MANAGEMENT OPERATION,
MAINTENANCE AND INSPECTION AGREEMENT
Bk:14480Pg:218 Page:1 of 4
Recorded:03/09/2022 12:16 PM
City of Northampton,MA
Department of Public Works
(413)587-1570
THIS AGREEMENT,made and entered into this
Nameof Owner).
Northampton,hereinafter called the "City".
by and between (Insert Full
MSHomesLLC hereinafter called the "Landowner",andthe City of
WITNESSETH,that WHEREAS,the Landowner is the owner of certain real property at (Street Address)237
Glendale Road,241 Glendale Road,245GlendaleRoadas describedas (City of NorthamptonAssessors
Map/Parcel/Lot Number)49-060-001,49-061-001 and 49-062-001 as recorded by deed in the land records of
Hampshire County,MassachusettsBook 13777 Page 26and Cluster Lots 2,3and 4 on Plan Book 247 Page 96,
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 Glendale Road Cluster Development,Utility and
Grading Plan 10/18/2021 (Name of Plan/Development)hereinafter caled 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 ofthe 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 seasonsand throughout the life of the stormwater system.
3.The Landowncr,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 quaļified
stormwater professional as approved by the DPW and submitted to the Northampton Department
of Public Works by October l each year.The purpose of the inspection is to assuresafe 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 stomwater 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
successorsand assigns,copies of the inspection findings and a directive to commence with the
repairs ifnecessary.
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 ofthe Landowner outside of theeasement for the stormwater management facilities.It is
expressly understood and agreed that the City is under no obligation to routincly 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 cquipment,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 stormwater runoff conveyance,infiltration,and detention areasand
facilities,including flood routes for the 100-year storm event,andaccess 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 ofthe Hampshire County Registry ofDeeds,Commonwealth ofMassachusetts.
9.The Landowner,its successors and assigns,shall notify the DPW of any changes in ownership.
assignment of financial responsibility,reconstruction of theapprovedstormwatermanagement
facilities and/or amendments to the maintenance schedule described in Atachment 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 ofMassachusetts,andshall
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.
WITNESS the following signatures andseals:
Memes
Company/Corporation/Partnership Name (Seal)
By:
Scesey Satonet
(Type Name)
/Manaper
(Type Title)
COMMONWEALTH OF MASSACHUSETTS
County of Hampshire
.20 (,beforeme,theundersignednotarypublic,personallyOntis23deyof/2
SaUOMlroved to me through satisfactory evidence of identification,which was aappeared
Driver's License,toʻbe fe persowhose name is signed on the proceeding document,and acknowledged to me that
he signed it ybfuntarilyfor its sed purpose.
MARYNA M SUKHYNA
Notary Publc.Commonwealth of Massachusetls
MyCommission Expires Sept.26.2025
NOTARY PUBLIJ
My Commission Expires:Spemberr 20er
ATTACHMENT A
Stormwater Facility Maintenance Schedule
Name of Project:
Project Location:
Assessor's Map,Pareel(s):49-060-001,49-061-001,49-062-001
GlendaleRoad ClusterDevelopment
237 GlendaleRoad,241GlendaleRoad,245 GlendaleRoad
Owner of the Stormwater System:MS Homes LLC
Responsible Party for Operation &Maintenance of Stormwater System:MS Homes LLC
Financial Responsibility for Operation &Maintenance of Stormwater System:MS Homes LLC
Maintenance Schedule
Sediment Forebays
The sediment forebays shall be inspected as needed,multiple times in the first few months after
construction,and twice per year thereafter.Sediment or debris shall be cleaned out as needed.
Note and repair any erosion or low spots.
Infiltration Basin
The infiltration basin shall be inspected at least four times per year for sediment accumulation
and signs of damage or erosion.Sediment shall be removed any time it has accumulated more
than ".At a minimum,sedimentshall beremovedannually.Failure of the systemto drain
(ponding 48 hours after the end of the storm)shall result in inspection and cleaning.Sediments
shall be removed and disposed of in accordance with local,state and federal guidelines and
regulations.Inspections shall identify any damage or signs of erosion within basin/swales,which
shall be repaired immediately.It is recommended that sediment removal be performed after the
completion of the spring snow melt.
StreetSweeping
Regular street sweeping will prevent sediment from reaching the stormwater treatment chamber.
This will extend the life of stormwater treatment elements,and will reduce the effort and expense
of cleaning those element.Street sweeping is not required under this plan;however,sweeping
twice per year (including after the spring snow melt)is recommended.
RecordKeepingand AnnualReports
Records shall be maintained by MS Homes LLC at their offices as described above and shall
document all routine and emergency maintenance work performed by MS HomesLLC_tothe
Attachment A:Stormwater Facility Maintenance Schedule Page 1 of2
stormwater management system and shall bear the signature of the individual supervising the
work.Annual reports documenting the inspection,maintenance,and proper functioning of the
stormwater management system in accordance with the approved design shall be certified bya
Registered Professional Engineer and submitted to the Northampton Department of Public
Works and the Northampton Office of Planning and Development no later than October 1t of
each year.The annual report shall document any deficiencies in function or maintenance of the
stormwater management system and include a plan to correct the deficiencies.
oe,REGISTER
MARY(OLBERDEG
Attachment A:Stormwater Facility Maintenance Schedule Page2 of 2
CITY OF NORTHAMPTON
By:
David J.Narkewicz,Mayor
COMMONWEALTH OF MASSACHUSETTS
County of HampshireA
Qnthis 22day of ecember ,2021,before me,theundersignednotary public,personally
appearedDNd NareAUTCZ
Driver's License,to be the person whose name is signed opthe proceeding dócuńent,and agknoledged to me that
he signed it voluntarily for its stated purpose.
proved to me through sajisfactory eyiấeņbeof identifcatjðn,which was a
MOTARY PUBLICANNIELYONSLESKO
Notary iblic
JCOMMONWEALTH OFMASSACHUSETTS
My Commission Expires
March 21,2025
MyCommissionExpires:Mar ,05
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