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Skibiski Realty Partnership, This Option made by and between having an address of 50 Hastings Heights, City of Northampton, Northampton, MA 02062 ("Optionor") and the ATTN: Wayne Feiden, Office of Planning and Development, 210 Main Street, Room 11, Northampton, MA 01060, a Massachusetts municipal corporation or its assigns ("Optionee"). For and in consideration of the Sum of One Dollar ($1.00), the receipt and sufficiency of which is hereby acknowledged, the Optionor hereby grants to the Optionee an exclusive right and option to purchase a certain parcel of LAND situated off Turkey Hill Road in Northampton and Westhampton, Hampshire County, Massachusetts. Said LAND includes all of Northampton Map 34, Lot 1, all of Westhampton Map 20, Lot 3, and any other land of the John Skibiski and the John Skibiski Realty Partnership on or near Turkey Hill Road in Northampton and the former Turkey Hill Road in Westhampton. Being a portion of the land described in a Deed recorded at the Hampshire Registry of Deeds in Book 1753, Page 58 Purchase Price and Terms. Three Hundred Thousand Dollars The purchase price for the LAND shall be ($300,000.00), by certified or bank check, check from the City of Northampton and/or Town of Westhampton, or wire transfer of funds. The Optionor shall pay off all real estate taxes due and payable as of the date of closing, together with interest and penalties thereon, if any. The parties acknowledge that although the purchase price was negotiated on a willing buyer/willing seller negation and the City never raised or suggested any eminent domain action if an agreement could not be reached, other than the “friendly” eminent domain to clear title, if necessary, discussed in this Option. The Optionor agrees that they are voluntarily donating the difference, if any, between the appraised value of the property and the agreed upon purchase price. The Optionee agrees that this donation is for a public purpose. not Optionee shall assume any of the Optionor's tax liabilities, including, without limitation, Optionor's responsibility to pay costs, if any, for land removed from M.G.L. Chapters 61 and 61A, stumpage fees, land transfer tax (tax stamps), and any other applicable tax, fee or assessment. The Optionor agrees that upon payment of the purchase price, Optionor shall execute and deliver to the Optionee a good and sufficient grant of a quit claim deed running to the Optionee free of any liens and encumbrances, other than encumbrances of record which do not materially affect the value or intended use of the LAND, and free of tenants and occupants. If Optionor cannot convey the LAND free of encumbrances as provided for herein, Optionee may still elect to purchase the LAND. Optionee reserves the right to acquire the LAND by eminent domain to clear title or for any other reason, in accordance with the terms of this option, Optionor shall agree to waive any rights to contest the taking or the award, provided the price paid is not less than the option price contained herein, the LAND is taken prior to the expiration of this option or any extensions which may be agreed upon, and all terms of this Option remain the same as provided herein. Closing. The Optionee’s commitment to exercise the Option shall be delivered no later than January 30, 2012. The Option shall be exercised by mailing, certified mail, or hand delivering written notice of Optionee's intent to exercise this Option to Optionor’s address listed above, said mailing to occur on or before said date. The Optionee may assign its right to purchase all or a portion of the LAND upon giving written notice of such assignment to Optionor, provided it arranges for simultaneous closing on the LAND and all terms of this Option remain the same. Optionor and Optionee agree that this Option may be recorded in the Hampshire Registry of Deeds. Right of Entry. During the term of this Option, the Optionee and the Optionee's authorized agents shall have the right to enter upon the Land for any and all purposes consistent with surveying, inspection, testing, measurement, permit applications, vernal pool certifications, or other considerations of Optionee relating to the use of the Land, including such limited cutting of trees and brush as are needed to allow measurements. Optionor hereby grants the Optionee permission to apply for any necessary permits and approvals necessary for the Optionee’s reuse of the property. 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 Optionee to the Optionor and shall be liquidated damages to the 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. The Optionor agrees not to cut timber on the property or remove any minerals during the term of this Option without the prior written approval of the Optionee. Purchase price shall be reduced by twice the sum received by Optionor for any timber or minerals removed from the Land. No Broker. Optionee and Optionor 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 its knowledge 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 Optionor and Optionee. Except as specifically set forth herein, each party shall bear all its own costs of this transaction, including without limitation legal fees and if the Optionee desires or is required to obtain a new survey, Optionee shall pay such surveying costs. 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. IN WITNESS WHEREOF, Optionor and Optionee have executed this Option as a sealed instrument this ____ day of June 2010. John F. Skibiski Realty Partnership. Optionor: John F. Skibiski 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 Mary Clare Higgins, Mayor Tax Compliance Certification 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. does The vendor have a Northampton office: YES Social Security Number or Signature of Individual or Federal Identification Number Corporate Name By: Corporate Officer ¡ (if applicable