RECEIVED

JAN 0 8 2004
Board of Selectmen Duxbury Town Hall 878 Tremont Street Duxbury, MA 02332
Dear Board of Selectmen,

1 Windward Way Duxbury, MA 02332 January 6, 2004

TOWN OF DUXBURY TOWN MANAGER

- '~WiiiIi8r' W1tli'di(SifWi.UOn-ii~olMOiiithaiJohnson"GoIrM8Digen1ent u; ofiliemJDd that it can make more money from the course by abolishing the membership and catering
to the daily rate golfer. That may be entirely true. There are several problems with that policy, belief: agenda or whatever you choose to _call it. First, and with all due respect to Town Counsel, Johnson Golf Management is prohibited by contract from manipulating course policies to achieve that goal. Secondly, and far.more important, North Hill Golf Course is first and foremost for the use and enjoyment of the members and residents of Duxbury. Any policy which inhibits that use and enjoyment should.noteven be entertained and never mind employed. North Hill does not exist for the purpose of providing a stream for Johnson Golf Management. Does Johnson. Golf Management have a right to make a profit? Absolutely, within the confines of their contractual.8.1T8Dgement guaranteeingtbe protection of the rights, of the members of the course and·fesidents of this town to use and enjoy the facility. The latest turmoil S1ifrounds the new tee time policy which was announced by Johnson Golf Management two weeks before it was due to take effect, without getting written approval from the town as it is contractuiilly obligated to do, also two weeks before the

Several issues with regard to North Hill Golf Course recently have come to a head and are causing a good deal of dismay with Johnson Golf Management amongst a number of people who utilize the facility, both members and residents alike. As a resident of Duxbury since 1987 and an avid golfer I have been playing at North Hill on a regular basis for a number of years, as a member for the last five years. To those

revenue

'.,

deadline established by JOM, ahhough this is not new this year the Town chose not to address it when it first came about. I would direct you to Exluoit C, The Operational Plan, which is part of the Management Agreement between the town and JGM, which

arbitrary dC'4JdJine for reDewing Jhemberships, DecetntJe;. 311t.. . " . T'.hC(t: are several points that should be addressed with regard to this latest conflict . The December 31- deadline for purchasing memberships is a completely arbitrary .

states: .. The number of memberships for sale shall be limited. No more than 200 regular aduh memberships in various categories( shown on Exhibit B ) sballbe sold. The Manager is prohibited from offering less than the total of 200 adult memberships but shall not be required to sen more than this. Any changes to this shall be approved by the Town in advance." Now I am DOt a lawyer, ~ I see nothing in there that says anything about purchasing my membership by December 311t. The way I read that paragraph, JI"Oviding that 200 adult memberships have not been so ld, I would be within my rights to walk into the

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office at North Hill purchase my membership on AprillStb or any time in the year. Although I do not have the actual numbers, I am told that they never sell the 200. A copy of the proposed tee time policy is enclosed with this letter, which was sent to members from last year by JGM several weeks ago. I realize the following may seem somewhat nebulous to those that do not play golf but the significance is clear to those that do. A round of golf as defined by the U.S.G.A is eighteen holes. Generally speaking, when time allows, golfers expect to play eighteen holes. Nine holes is a half a round of golf, which is all that members will be allowed under the new proposed policy. Why would a person who has previously to this point enjoyed the rights of membership at North Hill choose to continue to be a member when th8.t classification only allows you to play golf nine holes of golf at a time? Can you imagine the amount and type of response that would be generated if when a resident went to Town Hall to purchase their beach sticker they were handed a notice that said that while they were welcome to enjoy the beach, they were only going to be allowed to do so for periods of two hours at a time so as to free up parking for the daily ~,. rate people thereby generating more income for the beach? You would have to have the m.vt .......-c'" ....__ iD",._ W v __............. ..... ,nr.mr.Jof-Selectmen ot ,our nc'w.Perforrnino ~A..!-",rp."tpr ;,., nrrir-rtA __ ' =_t'nn,.nfthp .. ......... ... __ ~ " ..... _.... . -~dlltftbaf croWd:-" _.. . .. -..... - ..
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If you review the Management Agreement entered into with JGM please note the Exhibit B attachment, which is the North Hill Fee Schedule. You can see that there were established five categories of membership for both residents and non-residents. By reason that these categories were initially established it would seem clear that the Town was attempting to recognize and offer benefits of membership by establishing special rates for those individuals who frequently enjoy1;he use of the golfcourse and enhanced benefit for residents by way of a reduced rate. Is it now the intention of the Town to negate those -" ~, .. categories-or certainlyimy 'Deriefit to those categories by 8.1JoWing tliii"j;olicy to take effect? I would hopenot, Also enclosed with this letter is a copy of a letter Gordon Cushing sent to last year's members announcing the Town's apparent endorsement of this policy.His letter was prompted by an opinion received from Town Counsel that IGM was Within their rights to institute this tee pnie policy. Town Counsel also rendered opinions on several , other po~ts, one of which being whether or not JOM could or would be allowed to increase Ifie.tnbersbiP fates. Mr..1roy gave the opinion that 10M coUld not be allowed to increase me~~p rates., W!We I suppose that is good tteWS, what difference does it, make 'if JOM is not allOwed to increase the rates but is allowed to completely water down the benefit of those rates? The bottom line here is who is running this place and for whose benefit? I would urge the Selectmen to review this situation with all parties involved to find a resolution that best serves the interest of the Town and the people that the golfcourse is supposed to serve.

DUXBURY RE:"'~= ~'I(IN

i)f,=;:'.

[R1~(C~n\f'; ." (.J
LETTER TO THE EDITOR

JAN 1 il 2004

North Hill Country Club, a public nine hole golf course owned by the Town of Duxbury, has a long term contract with Johnson Golf Management, Inc. of Weston, Massachusetts. By contract, Johnson is required to sell up to 200 adult memberships, for residents and non-residents of the town. In 2001, it was determined a written set of rules, regulations and policies was necessary North Hill after a controversial policy change was effected by JGM without permission from the Town of Duxbury. The policy in question forbade North Hill members from booking an 18 hole round of golf; those members could sign up for 1 nine hole tee time only. If they wished to play 18 holes, they would only be permitted to do so if an open slot was available after they finished the first nine holes.
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At that time Johnson Golf Management made this policy completely on their own, in an effort to maximize the amount of money taken in by JGM. After several complaints by long time members, the North Hill Advisory Committee met and ultimately advised a compromise of this policy would be beneficial to everyone involved. The compromise was to alternate each tee time, i.e., member time, then nonmember time and so on. This arrangement, allowing for two times to be booked, ensuring an eighteen hole round of golf was approved by the town and became the official teetime policy at North Hill. Now, just prior to the December 31st deadline imposed by Johnson Golf Management to cut off selling memberships at the course for 2004, JOM has announced they are reverting to the same tee-time policy they invented in 200 1. With the late announcement of this policy change and the serious implications it would have on available tee times for members, this is an obvious attempt by Johnson Golf Management to discourage residents and non-residents from purchasing memberships and thus reduce the membership at North Hill. Town Counsel for Duxbury is of the opinion the management contract allows them to implement any tee time policy they deem appropriate. The purpose of this letter is to call to the attention of all current members, the Town of Duxbury and all golfers that are considering playing the course the extremely prejudicial nature of such a policy. By definition a member is "a person who belongs to a group or organization". Ifwe members "belong" to this organiZJltion does it stand to reason that members are being discriminated against by an outside agency (JOM)? Non-members would have the right to sign up for a full 18 hole round. Consider this: The majority of the members are from the town that owns the course and they, if they are members, may not be able to play 18 holes.

Johnson maintains that they lose money on members, perhaps losing sight of the fact that we pay our dues a full 3 months before the season begins, are the primary supporters of the restaurant, lounge and pro shop and often bring non-members to play with us. Few of us play enough to justify the cost of membership resulting in a bigher per round fee. We are members for convenience, not cost saving. North HilI, first and foremost, should be the affordable recreational resource it bas been for Duxbury (and other area) residents since 1961. The current membership is extremely disappointed with the decisions made by the Town Counsel and Town Management in regards to this situation. It seems they are more interested in making the golf course a more profitable business venture for Johnson Golf instead of doing what is right for its citizens and area golfers. Further, we implore the Town of Duxbury to do everything it can to dissuade Johnson Golf Management from enacting this change in procedure. This bighly prejudicial policy will do no good for anyone concerned. Sincerely, Members and regular players at North Hill Country Club William Smith - Duxbury Chris SusiJames Porte- Marshfield Don Stone -- Duxbury Ed Dellavalle - Pembroke Michael Doolin - Duxbury Michael Marlborough - Duxbury Robert Enos, Sr. - Marshfield Matthew Murphy Scott Thompson -- Duxbury Paul Wholey - Marshfield Robert Enos, Jr. -- Marshfield Warren Bowen -- Duxbury John Kirtland - Plymouth Martin Stevens Marshfield Thomas Sieminski -- Duxbury Mark Maiellano -- Norwell lames Sloan -- Marshfield Larry Martin -- Plymouth Robert McGill- Duxbury Richard Campbell -- Plymouth lim King - Braintree

LETTER TO THE EDITOR

JAN I :$ 20D4

North Hill Country Club, a public nine hole golf course owned by the Town of Duxbury,
has a long term contract with Johnson Golf Management, Inc. of Weston, Massachusetts.

By contract, Johnson is required to sell up to 200 adult memberships, for residents and non-residents of the town. In 2001, it was determined a written set of rules, regulations and policies was necessary at North Hill after a controversial policy change was effected by JGM without permission from the Town of Duxbury. The policy in question forbade North Hill members from booking an 18 hole round of golf; those members could sign up for 1 nine hole tee time only. If they wished to play 18 holes, they would only be permitted to do so if an open slot was available after they finished the first nine holes. At that time Johnson Golf Management made this policy completely on their own, in an effort to maximize the amount of money taken in by JGM. After several complaints by long time members, the North Hill Advisory Committee met and ultimately advised a compromise of this policy would be beneficial to everyone involved. The compromise was to alternate each tee time, i.e., member time, then nonmember time and so on. This arrangement, allowing for two times to be booked, ensuring an eighteen hole round of goU: was approved by the town and became the official teetime policy at North Hill. Now, just prior to the December 31 st deadline imposed by Johnson Golf Management to cut off selling memberships at the course for 2004, JGM has announced they are reverting to the same tee-time policy they invented in 200 1. With the late announcement of this policy change and the serious implications it would have on available tee times for members, this is an obvious attempt by Johnson Golf Management to discourage residents and non-residents from purchasing memberships and thus reduce the membership at North Hill. Town Counsel for Duxbury is of the opinion the management contract allows them to implement any tee time policy they deem appropriate. The purpose of this letter is to call to the attention of all current members, the Town of Duxbury and all golfers that are constdenng playing course extremely prejudicial nature such a policy. By definition a member is "a person who belongs to a group or organization'*. lf we members "belong'* to this organization does it stand to reason that members are being discriminated against by an outside agency (JGM)? Non-members would have the right to sign up for a full 18 hole round. Consider this: The majority of the members are from the town that owns the course and they, if they are members, may not be able to play 18 holes.

Johnson maintains that they lose money on members, perhaps losing sight of the fact that we pay our dues a full 3 months before the season begins, are the primary supporters of the restaurant, lounge and pro shop and often bring non-members to play with us. Few of us play enough to justify the cost of membership resulting in a higher per round fee. We are members for convenience, not cost saving. North Hill, first and foremost, should be the affordable recreational resource it has been for Duxbury (and other area) residents since 1961. The current membership is extremely disappointed with the decisions made by the Town Counsel and Town Management in regards to this situation. It seems they are more interested in making the golf course a more profitable business venture for Johnson Golf instead of doing what is right for its citizens and area golfers. Further, we implore the Town of Duxbury to do everything it can to dissuade Johnson Golf Management from enacting this change in procedure. This highly prejudicial policy will do no good for anyone concerned. Sincerely, Members and regular players at North Hill Country Club William Smith - Duxbury Chris Susi James Porte- Marshfield Don Stone - Duxbury Ed Dellavalle - Pembroke Michael Doolin - Duxbury Michael Marlborough - Duxbury Robert Enos, Sr. - Marshfield Matthew Murphy Scott Thompson - Duxbury Paul Wholey - Marshfield Robert Enos, Jr. - Marshfield Warren Bowen - Duxbury John Kirtland - Plymouth Martin Stevens Marshfield Thomas Sieminski - Duxbury Mark Maiellano - Norwell James Sloan - Marshfield Larry Martin - Plymouth Robert McGill- Duxbury Richard Campbell- Plymouth Jim King - Braintree

1\ lA

NAG.EMJ::NT AGREEMENT

THIS AGRI:::l:MENT, made alHl entered into on this day of 12/21/98 by between Johnson Turf & Golf Management Corporation (hereinafter called the "Manager"). the Town of Duxbury, Massachusetts (herein called "the Town").

WIT

N E SSE

T 1/:

WHEREAS, the Town is the owner of a nine (9) hole golf course and related amenities. known as the North Hill Country Club. located in Duxbury, Plymouth County, Massuchusctts (the "golf course"); and WHEREAS, the Manager and its employees are experienced ill the management operation of golf courses of the size and class of the golf course; and and

WHEREAS. the Town desires to obtain the benefits of Manager's expertise in the management and operation of the golf course by granting to Manager control and discretion in the management and supervision thereof as provided herein. and the Manager desires to assume sm .. h control and discretion upon the terms and conditions set forth in this Agreement; and WHEREAS. the Town has duly appointed and constituted the North Hill Advisory Committee to monitor the activities of tbe golf course, and in conjunction with the Town Manager, or his authorized agent. act on its behalf in certain respects. NOW, THEREFORE. in consideration of the mutuaJ promises herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

I.

Engagement

or

Manager

1.1 The Town engages Manager to manage, supervise, direct, and control the operation of the gol f course under the terms of the Agreement. 1.2 Term. The term of this Agreement shall commence on January', I and continue through December 31, 2:~ fir. At the expiration of the term the golf course shall be ready for the next golf season.

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1.3

Gcncml Rcsponsibili!ics.

(a) Manager shallilianage and operate the golf course, rcsidential house, driving range and clubhoase throughout lilt." Tenn. Manager may operate a snack. bur and serve such foods as deemed desirable by the Manager. (b) The Manager Slidl abide by lhe condilions onhe alcohol license which may be issued by the Town. If. after a heari the Board of Selectmen detenniucs thal a violatiou has occurred. the Board of Selectmen reserves the righl to exercise its statutory ri~ht to modify or il'rmillalc the lit'l'nsc. lI.s agrced tlMllhc ilmbilily or the M~Ulugcrtu vi;lalu all ulcohol hccuse, ur

the revocation or suspension of th,s license. shall not be grounds fur I>a'tu.:h of this Agreemcllt

IA

Security

(it) The Manager shall carry a surely bond for the duration of the term of the contract in the amount of $175,000. naming the Town as Obligee. The Carrier [s) shall carryall A.M. Best rating of not less than "A-", nor a size category of less than category "Vt". The Manager shall deposit with the Town such bond at or prior to the commencement of the term of

this contract The premium for such bond shall be prepaid in advance for a one year term. Evidence of a renewal of this bond must be supplied to the Town by December I. of each calendar year, and said bond must be in effect for the following calendar year. 2. Use and Operation of the coif course

2.1 Gcm:ral Manager shall run the golf course, Driving Range, as is usual for a first class municipal golf course and to operate all facilities in connection therewith as hereinafter provided. In conjunction therewith the Town has relied upon representations made by Manager in Exhibit A. C and D annexed hereto. No sale or income activity, other than those enumerated if) the Agreement. shall be conducted by Manager at the golf course. 2.2 Meetings In furtherance of each party fulfilling its obligations hereunder, a representative of the Manager shall attend one (1) meeting of the North Hill Advisory committee, (NHAC), each calendar month, at which time a Manager's Status Report of golf course conditions and equipment will be made. The report shall include such advice as to capital improvements and maintenance as the Manager deems appropriate. Upon seven (7) days notice from the NHAC, Manager shall have a representative present at additional committee meetings. 2.3 Enumerated Responsi bjlitie~ Subject to this Agreement. Manager shall have control and discretion ill the management and operation of the golf course and all of the golf facilities, equipment. machinery and properties relating thereto. The Manager has suggested. and the Town adopts, the following operational requirements: (a) Exhibits The terms and conditions set forth in Exhibits A. B.C,D,E.F copies of which are attached hereto, are hereby incorporated into this Agreement as if set forth herein in their entirety. Where there is a conflict or inconsistency between the terms and conditions as set forth ill (he Exhibits. the provisions of the Agreement shall govern.
of this Agreement and approval of the Town. rules and regulations for the appropnate use of the

(b)

Rules and Reeu'ations

Manager shall establish and maintain, SUbjectto the terms

golf course. Manager shall be responsible for advising the patrons of such rules and regulations, and for tbe enforcement thereof. Said rules will be put into wriueu form and be furnished to Ihe Town. shall be posted by sign. and printed on circulars for distribution to the patrons, Rples and Reeulaljons: (J) All golfers must register at pro shop. (2) No Alcoholic beverages may be brought onto the property. (:1) Dress Code. Shirl!'> must be worn al all rimes. No Swim trunks or cUloffs. (4) Replace divots-Repair Ballmarks-Rake Bunkers. (5) No Golf bags or l)tall carts on greens or tees. (6) Obey all golf carts rules and signs. (7) Slow play not allowed, let faster players through. (8) USGA Rules govern all play. (9) Employees of the Town of Duxbury shall not be allowed to play free of charge.

IIlililit'S :nul dt~flri(·i.yfor Iht·IJfcm::;(·s.

2.4

Utilities

At his own expense. the Manager shall furnish all necessary heal, water.

2.5 Si:,:na:.!c The Manager shall not pUI upon nor permit or allow 10 he 0111 011 any part the premises any signs, billboards or advertisements without the previous consent. ill writing. of the Board of Selectmen. The Town or authorized agents of the Town may. at reasonable limes. enter to view the leased premises and may remove placards and signs not approved and affixed as herein provided. The Town may also show the leased premises to others. and at any time within six. (6) months before the expiration of the term. may affix to any suitable pari of the Icased premises a notice for letting or selling the leased premises or propcrt y of which the leased premises arc part and keep the same affixed without hindrance or molestation.

or

2.6 Inspeclion of Premises The Manager agrees lIml the Town officials may enter Ihe premises to inspect the golf course. clubhouse. residential house or other properly al reasonable times. Town 's Director of Public Works. Director of Inspectional Services, Health Inspector. or Recreation Director may inspect the property as needed and prepare reports of conditions that may require corrective action by the Manager. 2.7 Soft Spikes At the commencement shall become a "spikelcss" course. Metal spikes shall property. including the golf course and the clubhouse. to the golfer a spike changing service and may charge shall be determined by the Manager. of this Agreement North Hill Country Club be prohibited by the Manager on the In addition the Manager shall make available a reasonable fee for such service. This Ice

3.

Control

and Rcportine

Course Use

3.1 Record keeping The Manager shall establish, at its expense, a control and reporting system for the purpose of recording golf course use. Said system shall conform to generally accepted accounting procedures. Such system shall also be designed to enable Manager and the Town to accurately audit membership, greens fees. golf cart rentals, driving range use, liquor and food sales, and rounds of play of both members and non-members. The Manager shall provide at its expense a computer with hardware and software necessary (0 the operations of (he golf course witheut Iimltaricn, 3.2 Memberships Records Membership records shall be maintained by the Manager and submitted to the Town al (6) six month intervals. Such records shall be recorded by category as shown in Exhibit B. Membership rags shall be issued to identify a member using the golf course. In order to track member rounds. the Manager shall establish a sign in book, in which all mernbe rs must sign each time they play the golf course. Membership fists and names shall not be given or sold for solicitations or advertising. All membership records will be reported as specified. Members will be required to sign in on a daily sheet and membership rounds will be entered into a computer and reported as specified, Exhibit

3.3 4.

B and shall be submitted
Finnnchd

Greens fees

Greens fees records shall be maintained 10 the Town on a monthly basis.

by the categories

shown in

Reporfs

4. I AccQunting System Manager. at his expense, shalf cSI<1blishand operate an accounting and reporting system that is acceptable to the lhown and its auditors. The accounting system must rairly represent and rully disclose the financial position and results of the financial operations or the M;m:tgt~r in conrnrllliCy willa gCllcmlly acccptetf ~It:t:ouulillg ,JIOCClhIlCS.

4.2 Audit The Manager shall submit to the Town, witbn two months of the completion of its fiscal year. an auJit by all independent auditing firm. The finn chosen to complete the audit must be acceptable (0 the Town. The cost of the audit will be paid hy the Manager. Operations will be field-audited at unscheduled times during the contract period.
4.3 Monfhly Reports Each month (he Manager shall furnish to the Tow II a breakdown of monthly receipts including, but not limited to; memberships, greens fees. food and beverage sales, golf cart revenues, and driving range revenue.

5.

Intcrruption

of Ol)crations

5.1 Unavoidable Disruption Neither party shall be liable for damages, nor shall this Agreement be terminated, nor a default be deemed to have occurred because of any failure to perform hereunder caused by lire. earthquake. flood, explosion. casualty, strike, unavoidable accident, riot. insurrection, civil disturbance, act of public enemy. embargo, war, act of God. inability to obtain labor, material or supplies or any other similar cause beyond its control.

6.

The golf course Maintenance

Plnn

6.1 Unless specifically provided for below, the Town shall not be responsible for the maintenance or repair of the golf course, clubhouse, irrigation system, residence or other associated structures. The Manager shall be solely responsible for golf course maintenance and all building maintenance and repairs.

6.2 Manager agrees to adhere to the golf course maintenance plan attached hereto (Exhibit D) and submitted by the Manager with his bid.
6.3 S<UldI!J!Q:1 Manager acknowledges and agrees that proper maintenance of the sand traps is of considerable importance to the Town. Manager shall maintain the sand traps and bunkers in first class condition during the golf season. Hand rakes will be provided by the Manager and at least one shall be tl Jade available for each sand trap or bunker during the golf season.

6.4 frri~alion All irrigation equipment. including specifically and without limitation, irrigation pipes. irri galion pumps, f aucets, sprinkler heads, hoses and any other components of the irrigation system, shall be properly winterized by the Manager. Winterization of the irrigation system shall be completed 110 later than November I of each year. Repairs to the system shall be the responsibility of the Manager.
6.5 The Manager shall keep the golf course and the surrounding grounds including, without limitation. Ihe land bordering the golf course which is visible either Irom the course or abutting residences, free from debris, trash, garbage, brush and othcl unsightly matter. alltl sll4ll1 provide at its own expense, fuff trash removal at least once every week. All non playing grassed areas shall be maintained by the Manager. Trees, shrubs and brush aJj.lcent to tbe clubhouse, residential house and cart barn shall be trimmed and landscaped, and these areas kept clean and free of debris. The Pro Sbop and clubhouse shal] be kept in a clean and safe condition. including but not limited to the lavatories and food preparation areas. AU cleaning functions in the clubhouse shall he the rrsponsihility of the Man::grr.

6.6 SIIOW amI Icc Removal The removal of snow and ice from the sidewalks am.! parking lot upon the leased premises shall be the responsibility of the Manager. The Manager shall also be responsible for snow removal on the road to the maintenance bam. Snow removal at both of these locations shall be done in a timely fashion. The maintenance and repair of the parking lot shall be the Town's responsibility. 6.7 The Manager shall make no alteration to the premises without the consent of Ihe Town in writing, except ordinary maintenance and repairs as aforesaid and renovations as provided in section 6.1. The Manager shnll permit the Town officials or agents to enter, at all reasonable times, to view the premises and make repairs and alterations as the Town deems necessary to make a specific repair. or repairs. said action shall not relieve lhe Manager from the provisions of Section 6.1 and 6.2 above. The Manager shall not use the premises or permit the use thereof in such a manner as to make void or increase the rate of insurance thereon. Manager shall comply with the bylaws of the Town and the laws of the Stale and save harmless the Town for or 011 account of non-observance thereof. 6.8 Golf CQurse Superintendent The Town of Duxbury considers the position of golf course Superintendent as critical to the operation of the Town's facility. The Manager shall employ a full time (year round) on site superintendent. This employee shall not be "laid off' from his/her duties. The golf course Superintendent shall work solely at North Hill and it shall not be acceptable to employ a "regional" superintendent. In any event the Town of Duxbury shall make the final determination as to whether or not a Manger is in compliance with this section of the contract. The superintendent shall have the minimum qualifications of: five years experience as an assistant andlor head superintendent. He/She must be a currently certified MA pesticide applicator and will place a copy of said certification with (he Town within thirty days of the beginning of the tenn of this Agreement.

7.

Insurance

7.1 The Manager shall maintain with respect to the leased premises and operations conducted at the leased premises, insurance as follows:

7.2

Commercial

Geneml Liability Insurance with no less than the following limits:

General Aggregate Products-Complete Operations Aggregate Personal & Advertising Injury Each Occurrence Fire Damage Medical Expenses

s

2,000.000 2.000,000 1,000,000 1.000,000 100.000 5,000

The Liability Section of Ihe Policy shall include coverage for the applkation of pesticides. herbicides or fungicides related to the maintenance of the golf course. Such coverage shall be in limits no less thun those staled above. 7.3 Workers Compensation Manager shall maintain Workers Compensation as required under tbe laws of the Commonwealth of Massaehusetts. insurance

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7.4 Automobile Manager shall maintain automobile insurance coverage for it leased and hired vehicles and non-ownership liability for not less than the following limits: Bodily Injury Property Damage

\

$1,000,000 $1,000,000

per person per accident

\

$ 500,000

per accident

liability:

7.5

LiguorLiubility

Manager shall maintain liquor liability with the following limits of

$500,000 per person

$l,OOO,OOO

per occurrence

7.6 Such insurance shall be placed in responsible companies qualified to do business in Massachusetts and in good standing therein. The carrier(s) shall carry an A.M. Best rating of not less than "A_H, nor a size category of less than size "VH[". Insurance policies shall name the Town as an additional insured party and shall insure the Town as well as the Manager against injury to persons or damage to property as provided. The Manager shall deposit with the Town certificates of such insurance at/or prior to the commencement of the term and thereafter within thirty days (30) of the expiration of any such policies. All such insurance certificates shall provide that such policies shall not be canceled without at least thirty (30) days prior written notice to each insured named therein.

8.

Payments to tile Town

8. I The Manager shall pay to the Town each year the sums as specified in the Manager's Price Proposal. Payments shan be madc monthly based on one-twelfth (1112) of the total price. Payments are due for the prior month on the first calendar day of the succeedi ng month. .; 8.2 Fecs Current fcc schedule is attached as Exhibit B anti made a part of this Agreement, and is hereby approved as reasonable within the golf industry. The fees as set forth in Exhibit B shall be in effect for the first three years of the contract (or through the calendar year 2001). After that date, the Manger may. at his discretion. increase all fees every three years. The method used for increasing aU fees shaH be the consumer price index. Increases can be made by adding the consumer price index together (cumulative) from each of the prior three calendar years. Example: If the consumer price index for 1999 was 5%, in 2000 3%, and 2001 4%, the amount the Manager can increase fees for the second three year period of the Agreement is 12%. Fees increases may. at the Manager's discretion, be rounded up to the nearest dollar. Any changes to fcc catcgories(Exhibit B) must be approved in advance by the Town in writing. S.3 ~ The Manager shall be responsible for the payment of all real and personal propcrty taxes on the leased premises including the golf course proper. clubhouse, cart bam and residential house and maintenance barn as well as the payment of all sales taxes, withholding taxes and business taxes.

9. t Non-Discriminalion Manager represents and warrants that it will not, with respect to managing the golf course facilities, implementing its employment practices and purchasing goods and/or services, discriminate on the basis of age, race, color, sex or national origin.

9.2 Qo'fOuting Proccdurc The Town of Duxbury is always concerned when the goll" course is "closed" due to a special event ie ... Fuudraisiug Tournament, Golf Outing, League Play or any other event that would effectively prohibit play of either members or non-members. Within thirty (30) days of the date hereof. the Manager shall submit to the Town, for the Town's approval, a written procedure for Golf Outings and or League play. If such written procedure is not received as required, or is not approved by the Town. then Manager agrees to abide by sud. procedure as (be Town promulgates. Golf Patrons shalt be notified of such policies and course closures by conspicuous posting such as on a bulletin board in the pro - shop. 9.3 Waiver No assent, expressed or implied. by tbe Town or Mmmger In any breach or default in any term, covenant or condition which this Agreement requires to be performed or observed by the other party shall constitute a waiver of or an assent of any succeeding breach of or default in the same or any other term, covenant or condition hereof. 9.4

Parties BOllnu

(a) Except as otherwise expressly provided, those terms, covenants and conditions which, this Agreement requires to be performed and observed by Manager shall be binding upon Manager and its successors and assigns, and shall insure to the benefit of the Town and its successors and assigns, and those terms, covenants and conditions whkh this Agreement requires to be performed by the Town shall be binding upon the Town and its successors and assigns and shall insure to the benefit of Manager and its successors and assigns.

(b) Assianment Manager shall not have the right to make any assignment of this Agreement, or any interest therein, by express assignment, operation of law, or otherwise. without the prior written consent of the Town. (c) Third Party Rights Nothing in this Agreement, express or implied, shall <:OIlVC:Y upon any person or entity. other than the parties hereto and their successors and assigns. any rights or-remedies under or by reason of this Agreement.

9.5

All notices 10 the Town shall be addressed to the Town at: Town of Duxbury Attn: Town Manager Town Hall 878 Tremont Street Duxbury. MA 02332

or to such other place as may be ucsignalcu shall be addressed to;

by written notice to Manager.

All notices to Manager

Jobnson Turf &. Golf Maoagemcnt

II Btlybcfry Lane Weston, MA 02193

or to such other place as may be designated by written notice to the Town. Notice shall be sufficient if given by certified mail, postage prepaid, return receipt requested, addressed to the party at its address as described above and shall be effective upon mailing. Unless otherwise notified in writing, each party shall direct all sums payable to the other party at its address for notice purposes. 9.6 Competitive Pricjll~ If required by Stale Law, any contract entered into by the Manager in regard to the golf course facilities, shall conform to statutory bid requirements. 9.7 Interpretation This Agreement is being executed and delivered in the Commonwealth of Massachusetts and shall be governed by, construed, and interpreted accordance with the laws of that jurisdiction. in

9.8 Hcadinas The Captions and headings throughout this Agreement are for convenience and reference only, and they shall in no way be held or deemed to define, modify or add to the meaning. scope or intent of any provision of this Agreement. 9.9 Consent Except as herein otherwise provided, wherever in this Agreement the consent of approval of the Town or Manager is required, such consent or approval shall not be unreasonably withheld or delayed, and shall be in writing, si gned by an officer or agent, thereunto duly authorized, of the party granting such consent or gi ving such approval. 9.10 Relationship be or create a co-partnership

Qf Parties

Nothing herein contained shall constitute or be construed to agency or joint venture relationship between the Town and Manager.

9. I I Severability In the event that anyone or more of the phrases, sentences, clauses or paragraphs contained in this Agreement shall be declared invalid by the final and unappealable order, decree or judgment of any court of competent jurisdiction, this Agreement shall be construed as if it did not contain such phrases. sentences. clauses or paragraphs. 9.12 [n(carated ProvisioBS This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. supersedes all prior discussions, proposals, understandings or agreements of the parties with respect to the subject matter hereof, and may be modified only by written agreement signed by both the Town and the Manager. 9. f 3 Starters and Ran&ers The Manager shall adhere to the Operational to starters and rangers as attached hereto in Addendum It Plan as it relates

9.14 Ameriean with Disabiliti,sAct The Manager further convents that the Town or its agents shall have tbe rights to enter and inspect the premises at all times and require the work to be done if, in their opinion. such work is necessary to keep the demised premises in the condition required by tbe terms of the Agreement hereinafter set forth. Notwithstanding the foregoing. the parties agree that the fo!lowing provisions shall govern their respective obligations in coaaeetion with the Disabilities Act and/or any other governmental requirements relating to accessibility by handicapped. disabled or physically impaired persons (the Americans with Disabilities Act and such other governments programs being hereinafter referred to as "A.D.Aft).

The Town shall have 110 responsibility for any repairs or alterations to the premises that may be required by AD.A The Town agrees that the Manager shalf also not be obligated LO make any repairs or alterations to the premises that may be required by A.D.A. However, if any compliance action related to A.D.A. is initialed with reference to tbe premises, whether against the Town or [he Manager, then the Manager is authorized to negotiate, along with the Town, or participate in negotiations, with any government entity andlor private party seeking such compliance. If despite such negotiations, a government entity or court of competentjurisdiction issues an order for compliance relative to the premises that is unsatisfactory to the Manager, then the Manager shall have the right, at its sole cost and expense. to pursue any and all administrative andlor court appeals of such order available. At such time as any such order becomes final andlor legaUy enforceable, the Manager may elect to comply with such order, or to terminate this Agreement as hereinafter provided. The Town, at its sole cost and expense, may intervene through its attorneys in any such administrative and/or court appeals. Not Withstanding the foregoing. if the Town reasonably and in good faith dete-mines that any such appeal is unlikely to prevail, then the Town may send written notice to the Manager: (l) specifying the reasons for its determination, and (2) notifying the Manager that the Agreement is terminated. unless the Manager elects to comply, at its sole expense with such order under A.D.A. which such election shall be carried out with diligent efforts by the Manager. If the Town does not so notify the Manager, then at such time as any such order becomes final and/or legally enforceable, the Manager may elect to comply with such order, or to terminate this Agreement as hereinafter provided. The Town shall have the right to terminate the Agreement at any time after a government entity or court of corr.petentjurisdiction issues an order for compliance if the Manager does not covenant in writing to comply with the order within thirty (30) days of the issuance of said order. Said termination shall be in accordance with the provisions of this paragraph inra. If the Manager elects to terminate this Agreement, then the Manager may do so by sending written notice of such termination to the Town. Such notice shall specify the date of termination, which shall be no earlier than ninety (90) days from the date such notice is mailed by certified mai I, return receipt requested, provideu, however, that in the event that the Manager is ordered to vacate the premises by an appropriate government entity or court of competent jurisdiction prior to such termination date as a result of A.D.A. then the date of vacating pursu.mt to such order shall be deemed the termination date hereunder. Upon termination. ail obl;galions of the parties hereunder shall cease, the Agreement shall be null and void, and neither party shall have any further recourse hereunder. 9.15 GolCCarts The Manager shall supply motorized golf carts for the use by patrons of the golf course as shall be rea:.vuably required to meet the demand thereof. Manager shall, at its expense, keep the golf carts well maintained. clean. and generally available for daily use. 9.16 Winter Play In case of a mild winter during the period of time that the ground is freezing and thawing, the Manag~r may elect to use temporary greens. If at all possible, it is the desire of the Town to utilize the regular greens for winter play,

10

IDdenmificatioa "ad Liability

10.1 Manager agrees, at its sole cost and expense, to iaden.nify and hold harmless the Town against and from any aad all claims made by or on behalf of any person arising from or in connection with: (i)any act, negligence or fault of Manager. or any of its agents. servants, employees, contractors, invites or licensees, or of any person holdilJg or claiming through. or under Manager; (ii) any accident. injury or damage whatsoever caused to person (other than those caused by the negligent acts or omissions of the Town or its ageltts, eml)loyecl\ or COlltlaclorsoccurring after lhc dale hereon oc."Currillguring the ler., l ,,1' lhis Agreement, in or aoout d the golf course, residential hoUse. Driving Range and clubbouse, or upon the sidewalks or areas immediately adjacent thereto; (iii) the use or escape of water by bursting of pipes or (iv)the failure to remove Snow or icc the roof of buildings or the sidewalks lots on or bordering the premises so leased. and (v) any nuisance made or suffered on the premises. Further, Manager agrees to indemnify and bold harmless the Town against and fmllt all

and reasonable costs. reasonable counsel fees, losses. damages, expenses and liabilities incurred ill connection with or in defending <lilysuch claim or any action or proceeding brought thereon. 11 Fire Casualty

11.1 Should a substantial portion of the leased premises, or of the property of whkh they are a part, be substantially damaged by fire or other casualty, the Town may elect to terminate this lease. When such fire and/or casualty renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and the Manager may elect to terminate this lease if: (a) The Town fails to give written notice within thirty (30) days of intention to restore leased premises, or(b) The Town fails to restore the leased premises to a condition substantially suitable for their intended use within ninety (90) days of said fire or casualty.
12 12.1 DeCault and Bankruptcy

It shall be a default under this Agreement if Manager:
(a) Shall default in the observance or obligations hereunder; or

performance of any of its covenants, agreements

(b) Shall be declared bankrupt or insolvent according to the law, or if an assignment shall be made of its property for the benefit of creditors; or (c) Shall breach its duty to take action. or commi ts an act in violation of its duty, which impairs the continuity of the operation and maintenance of the golf course.

.In the event of a default, the Town shall have the right thereafter, at the Town's discretion, to enter and to re-enter and take complete possession of, and operate and maintain the golf course. and to declare this Agreement ended, and remove Manager's effects. without prejudice to any other or further remedies or rights available to the Town against an loss of revenue and other damages (including reasonable attorney's fees and costs including those forcolJection of amounts due), which the Town may incur or suffer by reason of a default arising out of action or inaction of the Manager. or termination of this Agreement resuhlng therefrom. If Manager shall default in the observance or performance of the conditions or covenants of this A greernent, the Town, without being under obligation to do so and without thereby waiving such default, may remedy such default at the expense of the Manager. If the Town makes any expenditures or incurs any obligations for the payment of money in connection therewith includiag, without limitation, prosecuting or defending any action or proceedin,. such sums paid or obligations incurred, shall be paid to the Town by Manager upon demand. With interest at the rate of twelve percent (12%) per annum.
13 To:dc or Hazardous Material

aU toxic or hazardous substances as listed by the Commission of Public Health. The Manager

13. I

The Manager shall notify the Board of Selectmen in writing of the use of any and

further agrees to discontinue the usc of substances determined (0 be hazardous ur toxic by the Ooartl ufScleclmcn. Manager shaH cumply with all Slate autl Federal environmental laws,

14.1 The Manager will supply to the Town, in writing, within thirty (30) days of the dale hereof an Integrated Pest Management (IPM) program for the Golf Course. If such written procedure is not received as required, or it is not approved by the Town, the Manager agrees to abide by such IPM program as the Town promulgates. 15

Ground Water Mana.ement Proaram

15. I The Manager shall test the ground water as described below four times per year from wells previously installed by the Town of Duxbury. Tests shall be performed April 15, JUlie 15, August 15 and October 15.*

* /5.1 All Ground Water Monitoring tests, to be performed as outlined below, shall be done at the Manager's expense from well sires previQuslv installed by the Town 0/ Duxbury.
15.2 These simple guidelines below should help future management of the golf course 10 comply with the spirit of this agreement. The course lies within the Aquifer Protection Zone and it abuts and lies down gradient of Town well fields. This program should help to ensure that the ground water resources under the golf course continue to meet drinking water standards now and. in the future.

l5.3

ApplicatioQ of Pestici des:
8.

Chipco, 26019, Bayleton, Oftanol, Dursban, roundup are allowed for use al labeled rates.

b.
c.

A mixture of MCPP and 2,4..0 (Lescopar) may be used but is limited to 5. J
gallons per year. No other pesticides may be used without approval of all signatories of this program: I. To obtain approval of new pesticides, the golf course superintendent must submit complete supporting data to the Recreation Department

2. The data must consider the post-application leaching potential, etc.
analysis in the ground-water monitoring

fate of the pesticide,

3. If approved. the active ingredients must be added to the pesticide
program.

d.

shall be under the supervision of a certified applier.

Store IlCSfiddes ililhe locked fireproof slomgc area and adhere to all current Federal and State pesticide laws. especially including lhat the pesticides

15.4

Apl)lication of Fertilizers: a. Total nitrogen (N) application allowed per year:
Arm Applicalion Rate - - - - - .. - .. - - - - .• - . - .. - . - - - . - Greens 2.Macres 5.0 per 1.000 square feet 3.4 acres 273 acres 43.8 acres

Location - . - . - ...

Tees
Fafn"ay~ Roughs

4.0 pounds per I.om square teet 3.5 pounds per I ,om square feel 3.5 pounds per t ,000 squUl'C Icct

b. I. 2. a. b.

Slow release nitrogen formulas must be used in all applications to minimize leaching potential. Greens fertilizer should contain at least 60% slow release N materials in their formulation. Fairways, roughs and tees fertilizers should contain at feast 30% of the Nitrogen in a slow release form. Ureaformaldehyde, Methylene Urea, IBDU, Plastic coaled (polycoat), and Sulfur coated urea fertilizers may be considered as slow release fertilizers. No fast release fertilizers may ever be applied at a rate greater than I Ib N per 1,000 square feet in one application.

15.5

WatcrOuality Monitorim:: a. Nitrogen monitoring shall be done 4 times per year (once per quarter) and pesticide monitoring shall be done once per year, testing all wells individually. Pesticide sampling shall be done in October of each year. Ammonia nitrogen (NH3-N), nitrate nitrogen (N03-N), organic nitrogen (N-org.) and total kjeldahl nitrogen (TKN) shall be measured. The active ingredients of all pesticides lhat have ever been used on the course shall be measured. Should the N03-n in the water sample from any monitoring well(s) exceed a value of 5 ppm. fertilizer use shall be reduced in the proportion to the highest N03-N concentration above S ppm and up (0 10 ppm or more. (Example: if the highest N03-N concentration in any well is 7 ppm, the fertilizer applied would be reduced by (7-5)/5 or 40%. If it is 7.1 ppm, the fertilizer applied would be reduced by (7. 1-5)/5 or 42%. (fit is 10 ppm or more lhe reduction would be (1().5)lSor 100%.) The fertilizer use to be proportionately reduced is the amount of fertilizer applied during the

b. c. d.

uf 5ppUl shall be rcs3mp'ec.i at intervals of no more than 2 wceks with fertilizerreducuons adjusted accordingly unul N03-N concentrations are less than 5 ppm for two (2) consecutive samplings.
e. Should the pesticide (either individually or in combination) in the water

previous yeer or growing

scnSOII.

The well(s)

ill

wllich NOJ·N is ill excess

sample from any monitoring welJ(s) be found to be 100 ppb or:moro, or It> exceed allY federal or state drinking water standard that may be set. then the use of pesticidefs) found will be suspended immediately, and the wcll(s) will be resampled within two (2) weeks of receipt of the laboratory report by the golf course Superintendent. Should the second sampling not confirm the first, that is, if the pesticides do not exceed the limits stated above, then rhe pesticide suspension may be lifted after confirmation of the second sampling by a third sampling. Any pesticide findings above the detection limit must be resampled for confirmation. A 5ppb MDL is acceptable. f. Should the N03-N in any monitoring well(s) exceed 10 ppm for two consecutive samplings, or should the pesticide resampling confi rm the first sampling showing excessive concentrations, then the Town of Duxbury shall conduct a hydrogeologic investigation as soon as possible. The purposes of this study are to determine the specific source area of the contaminants, the area affected, and the area threatened; to determine the feasibility of remediation and to formulate an appropriate plan of action; and to initiate necessary action to prevent any contamination from reaching the down gradient public water supply.

15.6. Report The golf course Superintendent shall provide copies of the monitoring data to the the Recreation Department, upon receipt of the pesticide and nitrogen analysis. The Superintendent shall compile the data. and, by February 14 of each calendar year, present to the Town, an annual report of the monitoring and related maintenance activities for the proceeding calendar year. The annual report shall summarize the results of the monitoring reports, shall describe any actions taken based upon the monitoring data as required by this Agreement, shall specify the amounts of nitrogen and of each pesticide applied, and shall report the total gallons of water pumped from the irrigation wells. Finally, the annual report shall relate the past year's record to the proceeding years.

16

Incol"lwrutioll

of Specifications. Rfl~ @nd Price l'roposals

16.1

The Town's specifications, Request for Proposal and Price Proposals by the Manager dated November 20. 1998 are hereby incorporated into this Agreement.

WITNESS our hands and seals Approved as to form:

day of )~e.e

.

.y:.-1.(. a I

{99K

Robert S. Troy, Town Counsel
IQlVU

01; DUXBURY

Manaecr

Board of Selectmen

ndre P. Marteclunni, Chairman

~)?7.~.

MarretM:Keame~

EXHIBIT A

REI'RESENTATIONS

BY MANAGER

Manager is a management

firm with experience in managing and operating golf course.

Manager was formed to take advantage of the gruwiug opportunities in [he gulling industry to maintain, manage and improve existing facilities. Manager's personnel have over three (3) years experience in golf operations. The principles have proven themselves in their management of the following golf courses:

As part of this agreement for managing the North Hill golf course, Manager certifies that (J ) it is thoroughly familiar with the unique turf management requirements in this region of the country and (2) it has sufficient personnel to perform the maintenance and golf operations provided for herein.

ATTACHMENT I

*

PROPOSAL SHEE'T
l)ricc Proposal - Ten Year Term North Hill Country CIub Town of Duxbury. Massachusetts

Name of Firm or
Individual Submitting Address: Telephone:
E0
Box

Proposal:
126

Johnson Turf
WestoR, Ha.

&

Gol f Management.

Inc

Od493

781.136-0601

Cash Payment Year 1 : Year 2: Year 3: Year 4: Year 5: Year 6: Year 7: Year 8: Year 9:

(Dollar

Value per year)

$
~

90,000 00 (niotaty

thou. and. d.olleu;:s)

90,000.00 90,090.00 100,000.00 100,000.00 1aOO,000.00 110,000.00 110,000.00 110,000.00

(ninety thousand dollars) (ninety tbousaod dollars) (one hundred thousand dollars) (one hundred thQusand dollars)
I' , '

$ $
$ $
$

(one hundred thousand dollars) (ooe hundred ten thousand dollars) (one hundred ten thousand dQllars)

$

$

(one hundred ten thousand dollars) (one hung';:i:Q thousand ti:ll flo] az s ) 1
00

Year 10: $110,000.00

Total Cash Value of payment
Authorized Signature ofProposer:.4L

for 10 years:

k?-£ (one mi

$, , a 10 ,000

11 ion ten thousa nd doll,",

Name and Title (typed):
Date: Nov. 19, 1g 9 9

COlli;'

j,d:~t.i-------

'" Reminder; Price above is for the ten ( to) year Agreement. cxciusi \t~ of the cost construction of clubhouse and septic system the Town of Duxbury.
SUBMIT
PRrCE

[0

Proposer for

THIS FORM
AND

NO LATER THAN
PROPOSALS

IQ A.M. FRIDAY NOVEMBER
MJJST BE

NON·PRICE.

IN

SEP,\RATELY

10, 1995. SI;ALEO

The information below is intended to replace section 0.2 in the Management Agreement. All Proposers should carefully read the new infOimation. Again, thrs new section entirely replaces section 8.2. NEW SECTION 8.2
8.2 fEE S The current fee schedule is attached as Exhibit B and is hereby approved as reasonable within the golf industry. Changes to the fee schedules in either amounts charged or category additions/deletions shall be instituted using tile foflowing guidelines:

GREENS FEES At the commencement of this Agreement. the Manager may, at his discretion, increase 9 hole greens fees in the categories shown in Exhibit B, $1 (one dollar) each year, through the calendar year 2001. The Manager may. at his discretion, increase 18 hole greens fees in the categories shown in Exhibit B, $2 (two dollars) each year, through the calendar year 2001. The greens fee, fee schedule in the year 2001 shalf remain in effect through lhe year 2004. After that date, the Manager may, at his discretion, increase Greens fees every three years. Increases can be made by adding the consumer price index together (cumulative) from each of the prior three calendar years. Example: If the consumer price index for 2002 was 5%, in 2003 3%, and 2004 4%. the Manager may increase greens fees in 2005 by 12%. MEMBERSHIP FEES All membership fees shown in Exhibit B snau remain in effect for the first three years of the contract (or through the calendar year 2001). AHer that date, the Manager may, at his discretion, increase membership fees every three years. Increases can be made by adding the consumer price index together (cumulative) from each of the prior three calendar years. Example: If the consumer price index for 1999 was 5%, in 20003%, and 2001 4%. the Manager may increase membershipfees in 2002 by 12%. MISCELLANEOUS FEES Regular coupon books. senior coupon books, cart rentals and "twilight rate greens fees" shan follow the same guidelines as membership fees stated above. In other words, the fees as shown in Exhibit B shall remain in effect for the first three years of the contract. Thereafter, these fees may be increased using the CPI formula discussed above. NEW FEE CATEGORIES It is the intention of the Town of Duxbury to institute three changes to the current Fee Schedule. Exhibit 8. at the commencement of the contract. First, atl resident juniOrsshall receive a $1 discount off of a nine hole greens fee and a $2 discount off of an eighteen hole greens fee throughout the duration of this Agreement. Second. the junior resident membership fee shall be $150 at the commencement of this Agreement Third, there shalf be a resident senior husband and wife weekday membership made available for sale for a charge of $725.

Fee increases may, at the Manager's discretion, be rounded up to the nearest doUar Any changes (additions or deletions) to the fee calegorle, must be approved in advance by the Town in writing.

I

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.THTTJIV'iJ

EXHIBIT C

THE QPERATIONAL PLAN

The Pro shop will be stocked with quality merchandise as weJf as with a modem computer for computerization of all departments, including greens fees and cart fees. Weekly and/or monthly reports will be forwarded to the Town of Duxbury, Recreation Department. All programs will be designed to include men, women, junior and senior golfers. Lessons will be offered. by a PGA professional. and encouraged so that the general public can further enjoy the course. Junior golfers wiU be offered clinics during the summer months. All golf league and play decisions are governed by the written policies discussed in section 9.2 above. The flow of aU golfing traffic will be administered by GoJf Starters and Course Rangers. They will be assigned and supervised by the Golf Professional. Tee time policies will be established for weekends and holidays to assure maximum usage of daylight playing hours. Official golfing hours shall be 7:00 AM to sundown weekends and holidays.
011

weekdays. and 6:00 AM to sundown on .

The Pro Shop shall be staffed while the course is open, and players will be accorded courteous service in response to equipment needs and rulings where necessary and related to the game. All golf play will be supervised by the Manager's designee. He will have a team consisting of a Class A professional who will be responsible for managing the Pro Shop. Golf Repair Facility. Starters and Rangers. Fivesomes will not be allowed unless proper written permission is obtained in advance from the Town.

IV Ii A c,

The bar shall be operated in accordance with the terms and conditions set forth by the Board of Selectmen and pursuant to Section 1.3 paragraph (b) of the Management Agreement. The number of memberships for sale shall be limited. No more than 200 regular adult memberships in various categories (shown on Exhibit B) shall be sold. The Manager is prohibited from olJering less than the Iota' of 200 adult memberships but shall not be required to sell more than this. Any changes to this shall be approved by the Town in advance. The Manager shall make available for sale each year a minimum of 150 Resident Junior memberships. The Manager shall be prohibited from offering less than 150 Resident Junior memberships but shall not be required to sell any more junior memberships than this. No NonResidentlunior memberships shall be sold. Juniors shall be defined as any person 17 years of age or younger at the time the membership is purchased. The Manager may limit by policy the play of Juniors. both member and daily fee. Such policy shall be submitted to tile Town within (hilty days of the commencement of this Agreement.

Sucb I)olicy must be approved by the Recreation Director after consultation with (he North Ifill Advisory Committee before it is implemented by the Manager.

EXHIBIT D
YEARL Y GOLF COURSE MAINTENANCE PLAN
I. All equipment, maintenance and repairs will, to the extent possible, be performed by the Manager during the closed season. 2. The course wiJl be maintained by a staff of: one (1) full-time worker and three (3) summer laborers all of whom shall work under the supervision of the full time golf course Superintendent. The golf course shall be maintained under the following specifications:

A. MOWING
1. Greens mowed at3/16" four times weekly, May l-Oct. 1, with an additional Saturday! and Sunday mowing June 4 through Labor day.
2. Fairways mowed at I" three (3) times weekly May l-Oct. 1.

3. Tees and aprons mowed at 3/4" three (4) times weekly May I -Oct t.
4. Rough to be mowed at 1 112" once weekly May l-Oct. 1. areas will be done on an as needed basis.

5. Weedwacking

In addition, mowing of all other grass areas on the golf course, as well as tree trimming, shall be performed regularly by Manager. AU mowing will be done, except for rain or unexpected equipment failure, on schedule.

MVwing of fairways shall be done with neAt -weight Cairway mvwers. Monday thro Friday. greeD' shall be walk mowed. It will be acceptable to U1VW areeDs with U,htweight machines on weekends. und holiduys.

B. FERTILIZER
l. Greens and aprons fertilized six (6) times with a total of six (6Ibs) pounds of nitrogen. 2. Tees fertilized six (6) times with a total of six (6tbs.) pounds of nitrogen. 3. Fairways and roughs fertilized twice with a total of six pounds (2 lbs.) pounds of nitrogen. Rate of application for the above as specified In Management Agreement.

C. AERATIQr;

& TOPDRESSING

L Greens shall be core-aerated twice, spring and faiL Greens shall be topdressed with snnd mid overscedcd Wilb bculgrass during Ule aerating process,
2. Not including aeration. greens shaH

be Topdressed an additional four (4) times per year

3, Tees aerated and seeded twice, spring and fall. 4. Fairways aerated once, spring or fall.

D. PESTICIDE

Al~I)LICAT[Ol\'S

1. Fungicide applications on greens as needed with a minimum of ten( 10) times per season. (Granular snow mold protection applied before first snowfall on all grecns.) 2. Insecticide applicarion on greens as needed. 3. Herbicides ap~licati~ft to tees only for pre-emergence crabgrass protection. 0.\"\(\ 0. \\ .(7 I ~~i (,,' \ 4. Fairway pesticide application to be negotiated on an as needed basis.

f"

5. It is the responsibility of the Manager to properly identify turf diseases, pests. weeds. etc...• properly diagnose the cure and carry out the proper treatment.

E. SAND TRAPS
1. Raked twice weekly. Weedwacked as needed tA ~i \ 'l \ ''I. ( \' " c ¢ 1'1 2. Edged as needed but at least once before June 1 of each year. 3. Sand replenishment is the Manager's responsibility.
t<'.

IRRIGATION

SYSTEM

1. System operation and winterization to be done by staff. 2. Sprinkler repairs to be done by staff. 3. Pipe breaks to be repaired by staff. (Extraordinary repairs to irrigation system to be negotiated with the Town, e.g. pnmp repair, sprinkler replacement, and wiring.)

G. RAIN CLOSING
L Manager shaH keep the course closed for carts as well as for play when dictated by weather.

U. GREENS AND TEES
I. Rotation of pins and tee markers shall be made at least every day. 2. At the beginning of each Jaya container shall be placed adjacent containing a suitable seed and loam mixture to be used by the public in damaged tee areas. The mixture sball be replenished daily and the container daily.

m

PROPOSAL S UBMISSIQN REQUIREMENTS
To be considered responsive to this Request for Proposal, the Proposer. at a minimum, must include the following documentation describing his proposal for the clubhouse. This documentation will be used to evaluate each proposal on a qualitative basis with respect to how it meets the program requirements, creativity, aesthetics and presentation. This documentation will be in addition to the documentation required in other sections of the Request for Proposal. 1. Plan views of the proposed building drawn at a minimum scale of 1/4" l' - 0". The plans should indicate the proposed layout of the first floor and basement and shall include dimensions. Four exterior architectural elevations of the proposed building drawn at a minimum scale of 114" - l '0". A minimum of two architectural cross-sections of the proposed building drawn at a minimum scale of 112" - I 'Ott. The cross-sections shall show in detail the proposed construction of the building. including foundations, walls, roof and porches. An outline specification indicating all materials and finishes to be incorporated into the building construction. Name, address, telephone number and at least three references for the architect who will prepare and seal the final drawings. The references shall be from recent similar scale projects completed by the architect, preferably for a golf course or municipality.

=

2. 3.

4. 5.

The above design documents shall be developed to a preliminary design level of completion such that the proposed layout and construction is well defined and clearly shown. Drawings shall be a minimum size of 22" x 36". A total of eight (8) sets of aU documentation shall be submitted.

CODES Al'fD Sl'ANDAJ<DS The proposed clubhouse shall be designed in accordance with all applicable local, state and federal codes, regulations and standards, including the following: Massachusetts Slate Building Code, Sixth Edition Protective Bylaw of the Town of Duxbury (As Amended) Massachusetts Architectural Access Board (521 CMR) Massachusetts State Plumbing and Gas Code Massachusetts State Electrical Code

1.

"VArER CONTAINERS

The Manager shall furnish (2) water containers, to be filled with water and ice at the beginning of each day (and replenished as needed) for the consumption of golf course patrons. The containers shall be placed at the third (3rd) and sixth (6th) tees. The Manager shall furnish paper cups for each container, and the containers will be taken in each night.

.I. BALL WASHERS
Ball washers shall be maintained and repaired by and at the expense of the Manager. The containers under the ball washers shall be cleaned at least once a day.

K. CO URSE RANGERS AND SIARTERS
Manager shall employ at least one (I) Starter and one (1) Ranger during the period May through September inclusive. The Rangel shall patrol the nine holes to oversee the implementation of the golf course rules and regulations. The Starter shall be stationed at the first (1) tee and shall assist golf traffic beginning their round and lor assist golfers beginning a second nine. The Starter is to ensure the smooth flow of golfing traffic as well as making sure all golfers have paid or in the case of members that they have signed the rounds of play book.

L. UNUSUAL CONDITIONS
Manager shall use aU reasonable efforts to rectify and avoid any damage or condition which threatens to damage the vegetation at the facility, including those caused by unusual or severe weather, organisms and/or fungus or like problems. Also. in order to protect the vegetation. no play should be allowed on the Golf Course while frost is present.

M. REPLACEMENT OF SMALL EOUIPMENT
Manager shall repair andlor replace tee markers, pins, water containers, flags, cups, golf directional signs. stakes and markers on the course at its own expense.

fairways. The spread rate application shall be 6 Ibs. per 1,000 square feet. Each year following the year 2000, the Manager shall identify and overseed three fairways. The Town shall be consulted concerning the choice of fairways. and the Manager shall continue this process of overseeding three fairways every year for the duration of the contract.

. Beginning with the year 2000, the Manager shall aerate and overseed, with bentgrass, three
Z, I f~ f
/J

N. OVERSEEDING

OF FAlRWA YS

(./( (', t

1'(.

\

I

EXIIIDJT

E
'\ ..
-",

\ North HiJI Country Club Duxbury, Massachusetts

Performance Specification for the Construction and Operation of a New Clubhouse

GENERAL
The successful Proposer herein also referenced as Manager, shall furnish, construct, operate and maintain a new clubhouse for the North Hill Country Club located in Duxbury, Massachusetts. The clubhouse shall be designed and built in accordance with the performance characteristics and requirements of theis specification, The clubhouse shall include a function/dining room, rest rooms, pro shop. office, kitchen/rood preparation area, snack bar, basement, and an exterior wrap-around porch as further described herein, The building shall be constructed as a single level structure with a full basement. The entire first Iloor of the clubhouse shall be fully accessible to the handicapped and disabled in accordance with the requirements of the Massachusetts Architectural Access Board, The basement shall be for storage purposes only and shall be closed to the public. Therefore, it does not have to be handicap accessible, The new clubhouse shall be constructed in the same general location as the existing one. Demolition of the existing clubhouse will be by others and will not be the responsibility of (he Proposer, The Proposer's proposal shall include the cost for: preparing the final design and construction documents; filing and obtaining all required building and related permits; meeting with the North Hill Advisory Committee and other Town committees for the purposes of presenung the plan and obtaining public input for the final design; constructing the building, associated site work and landscaping; furnishing the building equipment and furnishings as specified; maintaining the required fire, casualty and liability insurance as described in the Management Agreement; and maintaining and operating the building for the period of the Management Agreement. Upon issuance of a Certificate of Occupancy by the Town of Duxbury, the building will become the property of the Town of Duxbury. The Proposer will operate and maintain the clubhouse under the terms of the Management Agreement with the Town of Duxbury, Unless otherwise noted, the Proposer shall furnish and install all movable furnish'ings and equipment required to operate the business, including: tables, chairs, desks. counters, cabinets, stools, cash registers and computers. AU such furnishings and equipment shall remain the property

of the Manager.

All design and construction work. undertaken by the Manager mus; be performed in accordance with all loeal, state and federal laws governing the construction of a municipal facility under a lease agreement

DUILDING

l'ROGRAM

The clubhouse shall be designed to meet the following minimum program requirements:

L

Layout

and Functions

FunctionlDining Area - The function/dining area shall be sized to accommodate table seating for 72 people and shall have a minimum net area of 950 square feet. The room shall have at least one wall of windows overlooking the golf course. There shall be an entrance into the dining room from the wrap-around porch. The function/dining area shaH be carpeted. Pro Shop - The pro shop shall be approximately 400 square feet. It shall have an entrance and windows facing the first tee. The pro shop shall have a counter from which greens fees and cart rentals will be collected. The pro shop shall be carpeted. Office - The office shall be approximately 100 square feet and shall have windows facing the first tee and a door into the pro shop. The office shall be laid out to accommodate a desk, chairs and a work table for the club manager. The office shall be carpeted .: Rest Rooms - Rest rooms shall be provided for both men and women. The men's room shall be sized to accommodate two sinks, two urinals and two toilets. The ladies room shall be sized to accommodate two sinks and two toilets. At least one toilet and sink in each rest room shall be handicap accessible. The rooms shall be sized in accordance with Massachusetts Architectural Access Board standards. Rest room floors shall be tile. Kitchen/Food Preparation Area - The kitchen/food preparation area shall be at least 500 square feet. The kitchen shall shaH be sized to accommodate a commercial grade stove with six burners, a grill, a triple basin stainless steel sink, two refrigerators, a farge freezer, food preparation counters, storage shelves and cabinets. The kitchen wilt be used to prepare simple meals. AU cooking equipment shall be properly vented with hoods and fans in accordance with applicable state and local regulations. Kitchen and storage area flooring shall be linoleum. Snack Bar - A snack bar shall be provided directly adjacent to the kitchen with bar stool seating for at least eight people. The snack bar shall be wood and shall be used to sell food from tbe kitchen, drinks and other pre-packaged foods. It shalf contain a tap system for the dispensing of beer and other nOll-alcoholic carbonated beverages. The snack bar shall contain a built-in chest refrigerator for the storage of ice and cold beverages in cans and bottles. The flooring behind the snack bar shall be linoleum. In frost of the snack bar the floor shall be carpeted. Basement ~The basement shall be the same size as the first floor. The basement shall contain the mechanical/electrical. systems and equipment/dry goods storage. Foundation walls shall be concrete. A lockable door shall be provided [0 the basement. The basement floor shall be concrete and shall have a floor drain. A stair shall be provided from the first floor. An outside entrance shall also be provided with a basement trap door.

Wrap-Around EJ.terior Porch ~A wrap-around porch at least 10feet wide shall be provided on tbe sides facinB.tbe first tee and the ninth green. Tbe porcb sbaH have an attracti ve wooden to provide for between people !;itting on tbe porch outside the builtJing. The porch shall and shall have attractive exterior lighting. The porch floor may be treated limber or with an approved waterproofing sealer.

2.

Finishes

Exterior - The intent of the exterior finish is that the clubhouse tit naturally into the setting of the golf course. The exterior of tl:e clubhouse shall be finished in stained and sealed white cedar shingles with painted wood trim. The roof shall be asphalt shingle with minimum 35 year warranty shingles. Interior - Interior
rooms. water proof gypsum

walls shall be gypsum board with a plaster finish. board shall be used.

In the kitchen

and rest

L.

Exterior

Site \-Vork
attractive manner with plant material that material sl1,:111 be as [ow maintenance as all plant materials shall be subject to lb.' Duxbury.

The exterior of the clubhouse sh.:111 landscaped in an be fits the setting of the golf COUI SI? Plant and landscape possible and shall be common in Duxbury. Choice of approval of the authorized representati ve of the Town of

Exterior site work shall include construction of an pathways, rarnp; and railings required to make the clubhouse handicap accessible. In addition, exterior lighting sbll be provided to ensure safely of patrons. Walkway space shotl'(i be provided for the lining up of golf carts outside the building which does not interfere with the entrances to the building and porch.

~

Building

Systems

The clubhouse shall have a heating and central air conditioning system. Heating fuel shall be either oil or gas. The basement shall be heated. The building shall be insulated to meet all building code energy requirements. The building electrical system shall meet the requirements of the ~1.:lssachuset[s State Electrical Code. All permanent interior lighting fixtures shall be approved by the Town of Duxbury's authorized representative. Exterior electrical sockets shall be provided around the building. The building shall have a fire sprinkler system approved by the To.vn of Duxbury Fire Chief. ln addition, the building shall have a securitylfire alarm system with r.. .• .ote monitoring capabilities. The Manager shall be responsible for installing, maintaining and operating the alarm system which shall be the property of the Town of Duxbury. Windows and doors shall be double insulated glass. All windows sbll removable screens provided. be operabte and shall have

L
The

Title 5 Wastewater Sl'stem

Proposer sbaU construct a Title 5 compliant septic system fOI the building as described in Exhibit F. The system shall be pumped and inspected on a yearly basis by the Manager or as otherside required by the Duxbury Board of Health. .

PERMITS

AND API'ROVALS

The Proposer shall be responsible for obtaining aU permits and approvals required for the project. The permit fees for all local permits, including the building permit. will be waived.

ALLOWANCES The Proposer's price proposal for a ten year term shan provide for allowances for equipment (0 be furnished and installed by the Manager. AU "fixed" equipment, ie ... sinks, gas stoves, etc...shall become the property of the Town of Duxbury. All other equipment shall be the property of the Manager. In any event, all equipment shall be maintained by the Manager over the duration of the Management Agreement The final choice of equipment, including make and model. shall be approved by the authorized representative of the Town of Duxbury. It shall be understood that this is not a final equipment list, and that the Town of Duxbury reserves the right to modify the quantity and type of equipment being purchased up to the allowance amount. The following allowances shall be included in the price proposal for the ten-year term (Attachment
1):

pescription Kitchen Equipment (Oven/Range, Grill, Refrigerators, Freezers, Triple Basin Sink) Carpeting

AJlowunce Amount $15.000.00

$5,000.00

ADDITIONAL

IMPORTANT

INFORMATION

The Town of Duxbury. through its Recreation Department, has set aside funds in the FY 99 budget to demolish the existing clubhouse. The Town has also budgeted funds to rent a temporary building that will serve as the temporary clubhouse for a period not to exceed one (1) calendar year. The preliminary schedule of construction would be as follows; The Town would demolish and remove the debris of the existing clubhouse. The Manager would construct (he new Title V septic system. The Town would place a rented temporary building at the North Hill site and hook that up to the new septic system. The Manager would then commence construction of the new clubhouse.

FINAL DESIGN
specifications. Hnal contract documents shall be stamped by all :\n.:hitcct alit! ElIginccl. as required. The Architect andlor Engineer shall be licensed in the Commonwealth of Massachusetts in their respective disciplines. Tho! final design shall be approved iu writing by tbe authorized representative of the Town of Duxbury.

The successful Proposer shall prepare a final design of the clubhouse, inclUding all "hillS and

EXHIBIT F
North Hill Country Club Duxbury, Massachusetts Perfor-mance Specification for construction and operation of a new Title V septic system

GENERAL The successful Proposer, herein also referenced as Manager, shall construct, operate and maintain a new Title V septic system for the North Hill Country Club located in Duxbury, Massachusetts. The septic system shall be designed by the Town of Duxbury and built by the Proposer in accordance with the septic plan/design provided by the Town of Duxbury's engineering finn, Seacoast Engineering.
The new septic system

Superintendent's house.

shall be constructed

to serve both the new clubhouse

and adjacent

As previously stated, the Town of Duxbury will raise and demolish the existing clubhouse. After this has taken place the Manager will construct the new Title V septic system. The Town of Duxbury will then provide a temporal)' building which will be connected to the new septic system. The Town will provide this temporary building for a period not to exceed twelve months, and the Town shall be responsible for "hooking up" this temporary' building to the new Title V septic system. It shall be the responsibilityof the Manager to hook up the Superintendent's house and the new clubhouse to the new Title V septic system. ALLOWANCE The Proposer shall set aside an allowance for the construction of a new Title V septic system. This system shall service the new clubhouse and the Superintendent's house. Current sizing requirements are based on the clubhouse construction requirements outlined in Exhibit E. As such, the design/specifications for the new Title V septic system will be sized for 3,500 gallons per day, will include a 7,000 gallon septic tank, a 1,500 gallon grease trap, and a pressure dosed soil absorption system. The design for this system shall be provided to the Proposer by the Town of Duxbury through the Town's engineering firm. Cost for said design/specifications shall be the responsibility of the Town. Description Title V septic sysler.1 for clubhouse and Superintendent house as approved Allowance Amount

by Board 01' Health

$35,000

.~.1

NORTH HILL ADVISOR.Y COMMITTEE MEEnNG MINUTES
Held on Wednesday, October 9.1996 . Not Pru,nt:

elUent:

Tom Rich (TR) Greg Chandler (GC) Gordon Cushing (GHC) Sal Scalesse (SS~ 'Chuck Walker (CVV1 SIeve Carleton (SC)

I/'_' .

J:'rOWN' OLERJ<:i
AI, 55
I

Robert McGill (RM)88 HOY 12 Paul Capraro (PC) ~ . r e JackWalkey (JW)OU"SURY. Bill Childs (BC)

MASS.

ij~i:.'l.~"::l!~''''!''~''_'.:•,•..•. ·.r"' ..jUi~·... •

Non - NHAC Members Present Joe Eckstrom (jE) • Johnson Golf Management (JGM) Gordon Cushing (GH~)· OuxburyTown Rec. Manager Doug Johnson (OJ) • Johnson Turf & Golf Manag.,ment Meeting called to order at 7:40

p.rn.

1.0 2.0

Minutes of the September 11 meeting were reviewed and .accepted as written.
Cushing Report (memo attac.hed)

2.1 2.2 2.3 2.4
2.5

2.&

House painting by Inmates completed. 'nstallation of heeting sy&tem in house. Complation of MaIntenance Building. Reconstruction of th8 fourth tee by JTGM. Refurbishing and BldScaping at first tee. . ChemicalJPesticida Storage Center is underway. Shown samples
of cornainment

i
i .I .

2.7

EJectr1ca111nes re soon going out for rebid. a
Fairways and tees would be fertilized soon . Results of the.well monitoring (press release results). Sa.es figures forllhrough September. Key information Y TO ~i7.136 through 9 months with bad' spring. (TR requested swnmary of rounds by category. OJ advised those figures were difficult to obtain due to members habits but he would try to work

.3.0

JTGMManagement Report
3.1

.f

3.2 3.3

3.4 3.5
3.8

18 hole course. OJ'. optimistic estimate of 25.000 rounds for NH in 1996. 1997 Fee SchtK:tule. JTGM presented the 1997 proposed NH fee schedule. OJ fait the jw1ior membership was a real problem with playing time and a low cost 88 btought up Ihe fact that the seniors were getting too high a percentage increase in membership. GC felt that the non residents should get the brUnt of any increases and maybe some categories should pe dropped for them and give the discounts to residents. Final recommendation will be determined at November meeting,

rmJI1:;.;;emenl bt)ie. management contract). OJ advised that a 9 hole course typically grosses abOut 35% of an

on it. TR/GHC stressed importance for future expansion.

91

4.D

Operating' Budgets 4.1 GHC also presented the proposed $22,000. Operating Budget for 1998. 1. Electrical work (house & club house) $3000 2. Landscaping $2000 3. Plumbing (house & club house) $3000 4. Cart path repair $3000

5. Meeting/seminars (GHC) 6. 'Course supplies, tee markers, sprinkler heads, ball washers, lighting rods 7. First tee construction 8. Cfubhouse design 9. Service contracts

$2000 $2000 $2000 $2000 $3000

5.0

5.1

CapitaJ Budget GHC reviewed the proposed $42.000 Capital Budget for 1998 and stressed the importance of maintaining our town asset On the list

were:

1. Rainbird Irrigation computer

2. Study removal of old diesel system 3.. Overseeing 5 of 9 fairways 4. Insulate and repeirson house 5. Safety fences installed on 2 holes

"

$10000 $ 8000 $12000 $ 7000 $ 5000

6.0

Committee Reports' ..
6.1

.i
f

,

,
i

.
:
"

Customer Member Relations Committee • SS stated members generally happy with course conditions. • Some difflcultywith waitiog. when making the turn. • Seniors are concerned ymh next year's fees • New Clubhouse Committee • T&bled for future meeting. Expansion CommHtee • Discussed a prior proposed expansion plan. • GC showed desired buffer area to keep expansion away from. • Discussed Green Harbor Historic Trail. • . Need to work with other departments/committees get feedback/concems.
DrivIng Range Feasibility Committee

6.2
6.3

6.4

Tabled for future meeting. .
,

Meeting adjoumed at 9:38 p~m.

92

"

"

7oa;n

0/ 7)uXbtlTY

f

~ ~-. -

MEMO

TO:
FROM: RE: OAT6:

North Hill Advisory Committee Gordon 11. Cushing, Recreation Director October Maeting October 1. 1.996

kf'l tit .1"c...

Our moochl)' meeting will be held en Wednesday, October 9 at 7:30 p.m. in the Recr~ation Office in the Lower Alden School. One or the items I believe will be on the agenda will be fee recommerio:';W:Jons frum Johnson Turf and Golf Management- for the North Hill AdviSOry Committee to consider. If I receive these ahead of time,' I will pass them !li'ong. ' Last months updace:
• #

9/11

Inmatt:s paint ~ sides of house. Mason on crew repairs chimney 300 in~tans new brick step on side door; Plumber ,begins t~ install new slaTft fin in basehQard heat. Removes old radiators; Hire a person to clean Out cellar of residential house - what a mess! Greens fertilized; Contractor repairs rotten kitChen floor in residential house. ". . Vinyl ,installed; 'T"""", 6~ .._..~ t Meet witr, Doug, Joe, John to figure out con~truction of 4th tee;

9/11

9/12

9/1 5
- 9/19

9/21

93

i,

.,
page 2

9/22

On a visit to the course, I find it in bad shape. Trash barrels full, greens not cut. bathrooms a mess. Receive many complaints as 1 tour the course. Speak to Johnson about this;

9/23
9/24

Crew from South Shore Country Club comes to assist North Hill with cleanup after o~ "monsoon season";

T rip to nursery to chose landscape stock;·
Inmates finish painting house; Lands and Natural Resources installs 180' of split rail fence. Also, installs planting on , St tee; Kingston Oil services burner iO residential house; ~pace Bu,idings .complete~ maintenance bam;

9/24 9/25
9/30 9/30 1011·

.

.

.o~.~""lIr·

4Ke&.p+

tr' (....

Johnsun Turf and Golf Management almost finishes construction ~f 4.t»· tee; Lands ~i~dNatural Resources plants 1600 perennial bulbs in iandscap;ng oft 1St tee; Re~identiai hous~ has new forced hot water slant fin basebuard he3t tUined on; Duxbury Chimney Sweep services chimney in residential house.

1011

10/3

1015

I hope to see you all on the 9th'

94

'96 HAY 17Ptt 2t22 Meo1iDa caUod to order at 7:30 by Chairman Gras CbJmdIer. PnIIeat wac Otq CJaudIor, Tom Rich, Doua JohaIoa, Sal ScIJeIo, Steve CaitoD, Bob McOiU, 00rd0Il CushfDa,1Dd CImct Walbr. The m..... ofClle April 22, 1996 mcedDa'Ml'O appowd
u .ubmittecl'

NOR11IHD.L ADVISORY COMMlTTEB MEETD«J May 8, 1996

1G~WlCUIIC _

_._--

DUX8UFlY.iIA-

GJea mtrocIuced our Dew member Sal ScaIoIc. 00rcI0a CuahiDt deIcribod the Dow . stonae buDctina that witt bo deUwnd ia IIbout 6 waIb and wbid:a be C'IJrPOdI wiD be in . operati<m by tho ead of 1UDO. It it 40 x: 60. a.9plco BaiJdina with • iMulated roof"
plmning

.

olectric door 10 COlt $32,580. Gordoa ., meatiaaed tbaIt die m,hway ~ OIl cIIa... ,... offiUjuIt NoI1hDast of the m.tiaa padrina lot. 1bD
in quoItioa. I8id daat there would be MlI

WIll

cammiUDo viewed tile ...

JJoua 1nhn1on
~
by the

JDOGitariIIa

Df«t week. Wo

ban 3 wdIJ.

weet of1ho 20th.

reported that the itJiptioa I)'IteID wat about ~

doae aDd IbouId be completed

StcJft CarJtmJ aid that our coGtrad sbopId be cbcctcd to mab sure that the various tCIIDI and ifaDI_ aueadod 1O,i.e.. iDIuraaco. etc.

"

. 'l'hc= WII conIide.rabIe di.,...;"a about loll of revamc that JoJmton T1IrfM-naancat bad loa bocauIo thDy did DOt haw, 1hrouah DO fimlt of1hein, _liquor IiccaIo 1br much of the time after .. COlD"'" Itarted ill 0ct0IIer of'9S 11Idil about Api 19th. It wu 1bD ..... i,,"OUI ~ of ... QamjttM memhon poel.at that _ adj'IIItJDNt equal to 60 per cca of tile &WftID'for a lib period for 1110 lilt 3 years be 1JIDCl said IdjuItmeDt to 1ate the form of Ill ....... in relit but iNt DOt to caraod S7,ooo. Ja .. COUOIO of1bD dllC'JI'kJG it was poiDtecl oat that IIWII hid, It .... oxpaDIO, JaataIlod • new carpet IIId·,..."aced • gil JiaD.
laD WII aoiaI to do 81 North HiU iaclucIiaa ftxhta 1be can patlldlat .... the 2IIcI..- to the ltd ... aad 1IJ to gat. JIOW how'ina.,.... ia 1110 wIIito bIDe. lID ioaod that lID hoped to be abIc to .. _ IlMUlei ftoal tho Coaly FII'IIl1D ,.. boo. wbidl woakI COlI about S2.000.1caviaa ssooo tIIIt could be lad for 1110 ... i.. 8ysIcm at 1110 wbitD IIouIo. CIRxJt oftacd., write to Shaifr FOl'DIIIl for'WllaMr Wp thIt might be. .

00rd0D listed

ccrtUl..,..

The DC1t mee1iDa wiJlltIrt early • 1:00 PM 11IIIc 12th It Nordl milO 1Ut the mtlIDbem wiD..., time to view the COUIID. n. Dwcbury TIX Payca ~ iaviIDd tho ~ to aUead 1IIeir DOlt me cJina It BlIck Memorial JJII1i"_ at 1:30 May 161h ReIJIIDdlUIly IUbmitted,

.. ,L-. ~

95

~OWN CLERK'
MEETINS
NORTH HILL

No Quoru.

ADGENDA

ADVISORV COMMI..a:lfM' - April 22, 199&

on MarC!h7,

-2 ANf2: fIt . lCJ'OOXBURY, ~fASS.
.... -it., .;........;.i:v: 'l"l$t.!a.,t.l,,, .

Call

to Order

at 7:40 p ••• GC.)l_ 8M_ll_ GC_ TR_X_ PC_ll_ FW_

e

Me.bera

Preaent.

Non-Me.bera Ot.hera MINUTES of February aa.ended.

8C_ SCJ_' 3TM

3W_ll_ CWJ_ SS_ 30e Eckat.ro. __ ...__

7th

aeet.ing were

reviewed

and

acepted

aa

Newly appointed ••• ber Bob MeGill waa not. in .tt.endance.

waa introduced.

Sal Seale ••

The let.ter fro. Gordon R.: Building Collepee and t.he £in.l .et.t.le.ent. wa. di.t.rtbut.ed.. The location o£ t.he bUilding w.a Mover t.o the North aide of ~he lot due t.o t.he layout. of' land. 30hnson Tur:f and Golf "anag •• ent. wa~ adviaed that. t.hey. au.t. aupply t.he Town with ••• ber.hip infor.at.ion and .onthly atat. ••• nt.a. The itea •• uat. be provided by t.hr "ay 8th .eet.ing for review. Alao diaeuaaed wae t.he Wat.er Monitoring and the well aite. available :for aonit.oring. It. wea noted t.hat.there aay only be two .onit.oring locat.ion.. GCh.ndler will cont.act.t.own. Updat.e on Liquor Lieanae3TGN coaplat.e. J'TGM gave Updat.e cable and puaphoua. schedule. had rec.ived. Irrigat.ion was 80~ waiting for elec:t.rical Underground

N.xt eo•• itt.ee Meet.ing acheduled :for Nay 8, 7:30 at North Gordon will contact. if it haa to be ehanged to Rec Dept. ADJ'OURN at. 9:10 p••

Hill,

Reapect£ully

Submitted,

,

Minutea 01.. the Januer., 10, 1996 .•.,et:;!~g The .eating waa celled •••bera weI'.pre••nt: to order at 7:41 p. and the following

NORTH HILL

ADVISORY

COMMITTEE

..~ .
..

Greg Chandler, Chair.an; To. Rich, Vice Chair.an: Chuck Walker: Paul Caprero; Chuck Walke., [JTGM waa excused by GC due to weather.] . The .inut•• of the Dee••b.r 6th .eating were aeeepted .s written. Me.bar. were advised of the Select.an'. aeeeptanee of the Th1a wa. due to a change in hi. re.ignetion oi John Kirtlend. work/trav.l. Me.bera were adviaed to look for prospective a••bar. and have thea fill out a talent bank fora. To. Rich discu.aed the. preaentation of the Operating Gordon preaanted to the Select.en on 12/18, as part Recreation Depart.ent overall budget. Budget of the

Diacussion ,of the Capital Budg.t. pre_nt.t.ion was ineo.plete bee.u.e no •••ber. ", w.r• pr••ent for t.h. 12/19 Sele~t.en'. •••ting. Th. Charge of th. »HAC was diacu...d. To. Rich developed" .nd expanded listing of of the it.•• we should'be reaponaible • for baaed on the exiating' cont.ract.'and prea.nt. charg.. Thi. bri~g. up a repo~t.ing probl.. if the cont.ract. not co.plied i. wit.h. A lett.erahall be .ent. t.ot.h.Salect ••n t.oeatabliah the prop.r line. oieo ••unieat.ion. Ther. wa. a diaeu.sion o£ the .xi.ting contract. that Gordon had .ai·ladto all •••bar.. Paul Capraro not.ed that.he did not get a copy. Paul and Steve Carleton received a cop., £1'0. To. Rich. MHAC ha. not.aean any Tourna.ent Rule. or ot.h.r procedures t.hat J'TGNwaa t.o .ub.it. to t.heTown for approval. Gordon to cl.rif., et naxt .eat.ing. Additionally t.he KHAC 'Ie. un.ura what. t.he "Manager'. Stat.u.Report" a. out.lined in t.hecontract wa.. J'TGM would be contact.ed and ... if they had a atend.rd raporting for.at.t.hatwould auit the require.ent. The 1aaua of t.heelubhou .. wa. diaeu.aed. It wa. agreed that the MHAC ahould inve.t.igat.e various t.ype.of .elubhouse conatruct.ion and ai.. and devalop reco••endat.ion. t.obe praaent.ad to the S.lect••n. To. Rich would .ake eont.act.a for d••1gn info. Paul capraro asked if thera could be Faderal or St.ategrant./refund. available ii the building w.a used aa fira fighter training and burned.

.0..

tfi

Reapt£ully SUb.itt~.

~ ~~

~6~

P. Chandler

91

....

,....-

NORTH HII-ALADVISORY COMMITTEE
Minutes of Meeting held on JanuarylO, 2007
Absent; Michael DQoHn Jim Ford , Bob McCarthy Mike Marlborough Dick Manning Emmett Sheehan BobDiramio Committee Members Absent: Paul McDermott limBwmeU
10hnOeary

(ex-officio )

Gordon Cushing - Recreation Dept.
I

\

Present;

Joe Eckstrom - Johnson Golf and Turf Management

Meeting called to order at 7:38 PM at the Girl Scout HOuse

t.1

AppnvalofMlaata
The minutes of the last meeting (held on 10/1812(06) were presented for review and were approved.

2.1

J......

G.If"

T.rfM .......

t Report

Joe Eckstrom tom lobnaon Golf and TurfManagemeDt reported the golf course "has been put to bed for thewintel'". Course conditions were lood and with the weatber tbrough December, play coDtiDued to commence •••the greens even needed to be cut in Dec:embcr.

warm

loe also reported • new pipe and trench have been installed in the ninth ilirway to alleviate the standing water that sits after heavy rainstorms. Approximately 110 membersbipt have beeD sold to date. Once again, junior membenlUps sold out quietly; 145 were sold on day one aud they were completely sold out on day two.

1

No financials were provided by 10hnson Golf 8Dd TurfMaJJaaemcnt - they were sent to Gordon CU"';"g who, with Duxbury B.S. having a basketball game, was unable to attend the :meeting. A pneraI discussion ensued ~ actually a league•••1oe reported they welcome to organize.into one. whether the Friday gathering ofJadies was not an ofticia11eaguo but they would be •
I

1ft

Bob Diramio noted the bunkers were in pretty rough shape fur the wint« play Joe said they could nm the machine through.them to improve the conditions.
3.0

OtIaer B.. I... Committee business: Mike Doolin, Chairman of the NHAC, annollDCed Paul McDermott 8Dd1im BUDDeDhave resigned. Further, Jim Ford was introduced as a aew member, thus there is currently one opcnina that needs to be fi.J.led. One current talent baDk tbrm had been on file 8Dd wasnM.ewed •••the committee unanimously voted to have Michael Ru1b join in time for the February :meeting. Mike Doolin was going to check with Anne MtJfl'8.y at town hall to get an up to date Jist of talent bank submittals. Next, a discussion ensued about the boule on the North Hill property. Mike Doolin reported a decision has been made to demolish it due to the high cost of restoration 8Dd getting it back up to code. The committee 88 a group was disappointed to hear this 88 a restored bouse could be beDeficiiU throughout the next maaagemem temI (Le. a Dice benefit toward bri:ngi:ng in a greeDI superintendeut that could live on the premises). Once again, opinions 8Dd recommendations were brought up as to what should be doDB with the management of North Hill when the current contract expires at the end of the year in 2001.

2

It was decided. tasks need to be assigned and research needs to begin. Other similar golf course operations that can be sources of information: pUblic nine hole courses mentioned include Highland Links (Truro) and Bungay Brook (Bellingham).
In addition, Hopedale CO (semi-private) and Needham CC (private, but town

owned) were mentioned. Emmett Sheehan vohmteered to research and report on the manpower and equipment it would require should the Town of Duxbury decide'to take over the operation of North HiD. Emmett was going to try to put together an approximate cost for the maintenance equipment that endeavor would require. Mike Marlborough and Mike DooRn vohmteered to do some calling around to obtain more information as wen.

Meeting adjoUT1lt!d at 8:40 PM.

(Note: Nat Meeda. will be held Mardi 14th, 200'7at the Girl Sco.t Bo•• e at 7:38PM.)

MUti,. will co1llinueto be held the r' w,dnesday of each month at 7:30 PM at the GIrl8cout Hf1IISe.It ia ll88'IlIIIIUl all committee 1IWIIIber, will be pruent ....lt is tM Nsponslbility of 011 ptI11I" to c01ltact Loretto In tM Rec. ojJIce If they c"""ot attend. Pleas, do thU no loter tllan the Monday prior to the Wedneaday meeting.

3

Exhibit E

North Hill Golf Course Financial Information

32

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