LOT 10-Burts Pit Road SWAP OPTION 10.04.2016CONTRACT NUMBER: #_____________________
OPTION FOR PURCHASE OF LAND
This Option made by and between____________________________________, having an address of _______________________________________(“OPTIONOR”) andthe City of Northampton, ATTN: Wayne
Feiden, Office of Planning and Sustainability, 210 Main Street, Northampton, MA 01060, a Massachusetts municipal corporation or its assigns (“CITY”).
For and in consideration of the Sum of One Dollar ($1.00), the receipt and sufficiency of which is hereby acknowledged, OPTIONORhereby grants to the CITY an exclusive right and option
to purchase a certain parcel of LAND.
Said LAND consists ofthe land shown as Northampton Assessors Map ID __________, being ___± acres off Burts Pit Road, Northampton. Described in the deedrecorded at the Hampshire Registry
of Deeds at Book ______, Page _____.Purchase Price and Terms: The purchase price for the LAND shall be$100,000.The seller shall deliver a Quit Claim Deed.Simultaneously with this purchase,
the OPTIONOR agrees to purchase a certain parcel, known as “LOT 10” for $100,000 from the CITY. Said LOT 10 consists of a portion of the land shown as Northampton Assessors Map ID 36-010-001
shown as Lot 10 on a plan entitled “Approval Not Required Plan of Land Located In Northampton, Massachusetts” prepared by David R. Enberg, The Berkshire Design Group, Inc., dated September
1, 2016 being 0.39± acresoff Burts Pit Road. Said LOT is not yet owned by the CITY but the CITY holds an Option to purchase.
OPTIONOR agrees that upon payment of the purchase price, they shall execute and deliver to the CITY a good and sufficient quit claim deed to the CITY, free of any liens and encumbrances,
other than encumbrances of record and back taxes which do not materially affect the value or intended use of the LAND.
CITY agrees that upon simultaneous payment of the purchase price, they shall execute and deliver to the OPTIONOR a good and sufficient quit claim deed to the OPTIONOR, free of any liens
and encumbrances, other than encumbrances of record and back taxes which do not materially affect the value or intended use of LOT 10. The CITY shall be responsible for obtaining the
necessary Site Plan Approval and Special Permit or Comprehensive Permit prior to any transfer so that the property may be used for a single family home lot. OPTIONOR shall be responsible
for the final design and installation of any required stormwater facilities.
OPTIONORfurther agrees to provide any necessary records and affidavits and document to OPTIONOR’s right to sell the property.
Closing: The CITY’s commitment to exercise the Option shall be delivered no later than August 30, 2017.The Option shall be exercised by mailing, certified mail, or hand delivering written
notice of CITY's intent to exercise this Option to OPTIONOR’s address listed above, said mailing to occur on or before said date. The closing shall occur on or before September 30, 2017.
Right of Entry: During the term of this Option, the CITY and the CITY's authorized agents shall have the right to enter upon the Land for any and all purposes consistent with surveying,
inspection, testing, measurement, or other considerations of CITY relating to the use of the Land, including such limited cutting of trees and brush as are needed to allow measurements.
Non-Exercise of Option: In the event this Option is not exercised in accordance with the terms herein contained, the consideration paid simultaneously with the execution hereof shall
be forfeited by the CITY to OPTIONORand shall beliquidated damages to OPTIONOR. Such forfeiture, together with any other benefits accruing to OPTIONOR under the terms of this Option
shall preclude the imposition of liability at law or in equity against either party and no further obligation hereunder; and the Option granted herein shall expire without the necessity
of any further action or recording by either party. If the Option is not exercised by the due date, the option is null and void.
No Broker: The parties each represent and warrant that they did not hire or enter into any agreement with any real estate broker nor any other person who could be entitled to a real
estate commission with respect to the transactions contemplated herein.
Hazardous Materials: OPTIONOR represents and warrants that to the best of itsknowledge and belief, there are no underground storage tanks on the LAND, nor of any release or threat of
release of oil or hazardous materials on the Land, as these terms are defined by M.G.L. c.21E. This provision shall survive the closing.
Entire Agreement: This Option contains each and every agreement and understanding existing between the parties relating to the subject matter hereof and supersedes all previous negotiations,
representations, commitments and writings. Any changes, modifications or additions to this Option shall be in writing and signed by both parties. Except as specifically set forth herein,
each party shall bear all its own costs of this transaction, including without limitation legal fees.
Governing Law: This Option shall be construed under the laws of the Commonwealth of Massachusetts and shall inure to the benefit of and bind the parties and their respective heirs, executors,
administrators, personal representatives, successors and assigns.Pursuant to M.G.L. Chapter 62C, Section 49A, I certify under the penalties of perjury that I have, to my best knowledge
and belief, complied with the law of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support. I further authorize the
City of Northampton to deduct from the amounts due under this contract, any overdue taxes, real or personal, or any other fees due to the City of Northampton from the vendor which become
due and payable by the vendor or its officers, directors or agents during the term of this contract or until the final amounts due under this contract are paid in full.
IN WITNESS WHEREOF, OPTIONOR and CITY have executed this Option as a sealed instrument this ____ day of October, 2016.
OPTIONOR:____________________________OPTIONORCity of Northampton, CITY:
Wayne Feiden, FAICP, Director of Planning and Sustainability
Joyce Karpinski, City Auditor, as to appropriation
Joe Cook, Chief Procurement Officer, as to procurement and to form
David J. Narkewicz, Mayor