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P.O. Box 126

Weston, MA 02493
January 24, 2010

Board of Selectman
Town of Duxbury
Town Hall
878 Tremont St.
Duxbury, MA 02332

Re: North Hill Country Club – Management Contract

Dear Board Members:

As you know as part of our ongoing litigation with the Town of Duxbury we have been
conducting discovery. Thus far we have finished one deposition, Mr. Charles Lanzetta of
CALM Golf. We have suspended the depositions of both Mr. MacDonald, your town
manager and Mr. Madden your town finance director.

Our attorney took the depositions of Mr. Lanzetta, Mr. MacDonald and Mr. Madden. I
am enclosing copies of their testimony (evidently Attorney Troy did not order copies).

I am of the belief that Mr. MacDonald was being intentionally evasive throughout his
testimony. He couldn’t even remember what year he graduated from college. His answer
was “1991 or 1992”. He was asked as Chief Procurement Officer who drafted the RFP
for North Hill. Answer, “I don’t recall”. When asked what financial information he relied
on as part of his decision he answered “I don’t remember”. When asked if it was the
$169.00 in assets that CALM Golf reported, he answered “I don’t recall”. “I don’t recall”
was an answer he used at least seventy times. Mr. Madden was not much better.

I am communicating directly with you because I firmly believe that reasonable people
informed of all of the facts of this matter will be capable of arriving at a mutually
agreeable settlement without undue delay.

The fact of the matter is that the entire premise of CALM’s proposal was a lie. They were
an inexperienced and under capitalized company with total experience of four (4) months
managing a golf course. They had no equipment; they failed to provide evidence of
insurance; they did not name a superintendent and they offered no explanation
whatsoever as to why they raised their financial offer to the Town by 83% on January 9,
2009. It is no wonder that Judge Smith was of the opinion that it is “incredible” that
anyone could rate CALM’s proposal “Highly Advantageous.”
In our bid we offered $420,000 for five years an average of $84,000 per year. As I told
Mr. Troy, the court has appointed us to operate North Hill until either a settlement of the
case or a court decision. We are operating under the old RFP, not the new one.

In the first RFP in October of 2008, we bid some $100,000.00 more than CALM Golf.
Interestingly, Mr. Lanzetta, under oath, said he changed his bid from $280,000.00 on the
first RFP in October to the town, to $512,500.00 on the second RFP on advice of his
Attorney, Mr. John Geary. Lanzetta went on to state Mr. Geary was not representing him
in the first RFP but was on the second. As you may know, Mr. Geary is a Duxbury
resident and former member of the North Hill Advisory Committee. CALM Golf raised
their bid by a factor in excess of 83% in the worst economic times in the history of this
country, all on the advice of Mr. John Geary.

Mr. Lanzetta’s deposition also verified that every point made in Mr. MacDonald’s award
letter regarding CALM Golf was untrue. I have attached for your consideration Mr.
MacDonald’s award letter and Exhibit No. 11 from the Lanzetta Deposition. Lanzetta
confirms under oath that everything in the MacDonald decision was untrue.

I understand that you, the Board of Selectman have two attorneys on your committee. As
attorneys I am confident you will see where this is going to go if it is ever presented in
Court. I know other Towns have pursued the people who get involved in rigging bids to
get damages from them. I think part of the bidding laws in Chapter 30B allows for that.
No one should be allowed to just make something up to obtain the contract. That goes for
the bidders and the people who evaluate the bids.

I am willing to settle, however, please remember that some individuals in your town have
tried to cheat me and my company on an RFP which we won fair and square. You are in
a better position than I am to get to the bottom of this mess. If it goes to Court it will all
come out. I would certainly prefer to work this out but if you want to litigate it, I’ll have
no alternative but to do so.

I have enclosed a letter I sent to your Board last April. In it I address the statement from
the Duxbury Clipper that Mr. Troy states the course would be back out for bid for 2010.
The ongoing litigation benefits no one. Despite some news accounts to the contrary, I
take no pleasure in litigation. I simply want to do our job, maintain the course and
provide jobs for our staff people.

If you are interested in meeting and/or getting copies of the deposition exhibits please let
me know.


Douglas W. Johnson, President

Johnson Golf Management, Inc.