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Kubosiak OPTION AMENDMENT ONE Broad Brook Fitzgerald Lake Greenway 1 CONTRACT NUMBER: #_____________________ BUDGET CODES: ______________________ VENDOR NUMBER: ______________________ OPTION FOR PURCHASE OF LAND AMENDMENT ONE This Option made by and between Henry Kubosiak, Jr. and Edward Kubosiak having an address of c/o Henry Kubosiak, 89 North Maple Street, Florence Road ("Optionor") and the City of Northampton, ATTN: Wayne Feiden, Office of Planning and Development, 210 Main Street, Room 11, Northampton, MA 01060, a Massachusetts municipal corporation or its assigns ("Optionee"). The above referenced Option is amended as follows. All other terms and conditions remain in effect: The boundaries of the property shall be drawn to exclude a cleared area with a stump dump on the southeasterly side of the property, essentially as shown on the adjacent sketch, under the following terms: 1. The Optionor shall pay for and provide the survey excluding this land AND showing the boundaries of the existing forest road that crossed the excluded land. Said survey shall be completed within 30 days (to allow the Optionee to apply for necessary grant funds). 2 2. The Optionee must agree to the final boundaries before the surveyor completes the survey. 3. The purchase price shall be reduced by $7,300 for each acre removed from the LAND covered by the Option. 4. As part of the LAND, the Optionee shall include an easement on the forest road that crosses the excluded land that includes the right to maintain, repair, and use said road for maintenance purposes and public access. (Said easement is ONLY over the property being excluded.) IN WITNESS WHEREOF, Optionor and Optionee have executed this Option as a sealed instrument this ____ day of May, 2012. Optionor: Henry Kubosiak Edward Kubosiak City of Northampton, Optionee: Wayne Feiden, FAICP, Director of Planning and Development Joyce Karpinski, City Auditor, as to appropriation Joe Cook, Chief Procurement Officer, as to procurement and to form David Narkewicz, Mayor