Kubosiak OPTION AMENDMENT TWO final Broad Brook Greenway
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CONTRACT NUMBER: #218-12-2
BUDGET CODES: Broad Brook Gap 2246175-589057 GAP $317,841.00
CPA Broad Brook Gap $178,786.78
VENDOR NUMBER: ______________________
OPTION FOR PURCHASE OF LAND
AMENDMENT TWO
This Option made by and between Henry Kubosiak, Jr. and Edward Kubosiak, individually
and as Kubosiak Brothers, 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 and Option Amendment One are amended as follows. All other
terms and conditions remain in effect:
The boundaries of the property shall be drawn to provide a 15’ wide by approximately 220’
easement to the excluded parcel A, as shown on the sketch below, with the seller providing a
final survey showing the excluded parcel A and the easement. Accordingly, the purchase price
shall be reduced by $2,500 below the amount in the Option and Amendment One, based on an
appraisal of the easement.
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The final purchase price shall be as follows:
Purchase price in Option (contract 28-12) $535,000.00
Less 4.91 acres at $7,300 (contract 28-12-1) -$ 35,872.22
Less easement at $2,500 (contract 28-12-2) -$ 2,500.00
FINAL PURCHASE PRICE $496,627.78
(adjusted for property tax credit or debit to date of sale)
As part of this amendment, the City is providing formal notice to exercise its Option, with said
closing to occur within 30 days of executing this easement. The Optionor acknowledges this
notice as having been received and as being in the proper form.
In addition, the parties acknowledge a scriveners error in Amendment One, #4, which should
read Optionor and NOT Optionee, so that the corrected language is:
“As part of the LAND, the Optionor 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 January, 2013.
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