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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 GarngD peoepe OHWƏlttteeɔSnouiwni8 OHW- ste