Loading...
TR-2013-34 LEASE WITH GOLF MNGMNT INC RFPS Golf Merchandise Clearance Sentice Purchase Order 61 Sherman Hei(,hts Road Woodbury, CT 06799 Date P.O.No. 2/21/2014 2679 Vendor Ship To Ag wam Muuicipal Golf Course Golf Merchandise Clearuncc Service Per:Tony Roberto 61 Slremian licights Road Woodbury.C'06799 Item Description Qty Rate Amount Goll'Club Leftover Cobra,Nike K misc golrequipmcnt at currrent 1,300.00 1,300.00 PGA Trade Values=l0-20% Ciotraothing LeftoverNikc R Puma Golf apparel at 30%of orig. 1,000.00 1,000.00 wholesale. Paid check# 3251 CT Resale# 5183 1402-001 Total s2.300.00 09/28/2013 08 43 FAX 413(86ay5d NINIlR �v•• �v•• , *GM Professional Golf Management s Amendment To Lease BE IT KNOWN. that for good consideration PROFESSIONAL GOLF MANAGEMENT of Ludlow, Massachusetts,and the TOWN OF AGAWAM, MASSACHUSETTS, under a certain lease agreement between them for the premises known as AGAWAM MUNICIPAL GOLF COURSE, dated April 22"d, 2013 through December 31", 2013, herby agree to amend said lease as to the following terms: A. PGM agrees to pay 2.5%of the gross sales on a monthly basis to the Town of Agawam B. PGM agrees to pay 100% of the electrical costs for the meter on the second floor of the clubhouse only,to the Town of Agawam C. PGM aggress to pay 100%of the heating costs for the second floor of the clubhouse only, to the Town Of Agawam All other terms shall remain in force as contained in the original lease, which provisions are incorporated hercint by reference. This Lease Amendment shall become part of the original Lme and shall be binding upon and inure to the benefit of both parties. Signed on this 21"day of May, 2013 Bill Kubinski, President, Professional Golf Management r: a G w Z )> � Dr N �r CO 3�� Golt Shop: (413) 547-8610 • Fax: (413) 610-0109 LEASE ADDENDUM This addendum is made this LrI day of li,Q E , 20 I , and is added to and amends that certain agreement by and between Professional Golf Management, Inc. as Leasee and the Town of Agawam as Leasor, which agreement is dated 4`h day of,Tune, 2013. Said agreement is amended as follows: Paragraph 11 section A shall read: A. This lease shall be effective for the term of twelve (12) months, commencing on June 41h, 2013 and ending on June 3rd, 2014. Furthermore, the Leasee will be obligated to provide stated services at the Lease/rental rates proposed for the option years which begin .tune 4`h, 2014 through June 3Td, 2016. The Leasor will determine if the option year(s) will be extended to the Leasec for the period stated and at the rates quoted by the Leasee in his original proposal. If the Lease is extended for the option year(s) then the Leasor will issue a Contract Amendment that shall state the additional Lease period and lease/rental rates for the option year(s). Signed on the day and date as first set forth; above. TOWN OF AGAWAM PROFESSIONAL GOLF MANAGEMENT, INC. ell.�—Z/W le" Approved As To Dorm: Law Department �rSod Ntlo D. During the term of this Lease, the Leasee: shall have the use, together with the general public, of all parking lots providing that the Leasee's use thereof shall not interfere with the use of the general public thereof. 11. TERMS OF LEASE A. This Lease shall be effective for the teen of twelve(12) months, commencing on June 2013 and ending on June , 2013. Furthermore, the Leasee will be obligated to provide stated services at the Lease/rental rates proposed for the option years which begin June , 2014 through June , 2016. The Leasor will determine if the option year(s) will be extended to the Leasee for the period stated and at the rates quoted by the Leasee in his original proposal. If the Lease is extended for the option year(s) then the Leasor will issue a Contract Amendment that shall state the additional Leasc period and Lease/rental rates for the option ycar(s). B. The Leasee shall provide the Leasor with 2.5% of the Gross Monthly Sales for all business activities. Payment will he due within one week (7 days) of the completed month. A daily receipt of sales shall be submitted to the General Manager the following day. The General Manager shall have the right to inspect, at any time and without notice, the receipt of sales. C. The Leasee shall commence the operation of the concession on the demised premises on Opening Day and such operation shall continue during the golf season and at such hours as follows: The Restaurant shall be open to the public on a daily basis no later than 6:30 a.m. every day. Leasee shall be ready to serve customers one half hour before the first tee time on a daily basis. Any changes to this Schedule shall be made only with the 2 TR-2o13-34 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A LEASE AGREEMENT BETWEEN THE TOWN OF AGAWAM AND PROFESSIONAL GOLF MANAGEMENT, INC. Sponsored by Mayor Richard A. Cohen Whereas, the Town owns the land known as the Agawam Municipal Golf Course in the Feedings Hills section of Agawam, Massachusetts; and Whereas, the'rown requested proposals for the operation of the facilities; age o z Whereas, Professional Golf Management, Inc. has submitted a suitable pro�asalDF for the leasing of the second floor restaurant and first floor concessions; and Ni�ti z Whereas, the request for proposals proposed a lease price of of 1% of they Gross Monthly Sales; and 4? '� Whereas, City Council approval is required to permit the Town to enter into `r lease agreement with Professional Golf Management, Inc. for use of said property. NOW, THEREFORE, BE IT RESOLVED BY THE AGAWAM CITY COUNCIL that the Mayor is authorized to enter into a one-year lease agreement with optional renewable one-year terms with Professional Golf Management, Inc. for said use of the Agawam Municipal Golf Course Restaurant located in the Feeding Hills section of Agawam, Massachusetts. Dated this ., day of J1,LtU , 2013. ofl PER ORDER OF THE AGAWAM CITY COUNCIL C6nsopt her C. Wnson, President C A PRO D A O FOR.I11 AND LEGALITY Vincent o ia, City Solicitor 2. TR-2013-34 -A Resolution Authorizing the Mayor to Enter into a Lease Agreement between the Town of Agawam and Professional Golf Management,Inc. (Mayor)(Referred to Finance Committee)(Tabled 5/20/13) President Johnson — Is there a Motion to remove the item from the table? Moved by Councilor Rheault, seconded by Councilors Letellier and Magovern. All those in favor of taking it off the table say Ay? Any opposed? The item is off the table. Is there a Motion to approve TR-2013-34? Moved by Councilor Magovern, seconded by Councilor Cichetti. Questions or discussion? Councilor Mineo? Councilor Mineo — I would be more than happy to give a Finance Committee report. We debated this for a long time. It was passed 3-0-1 with one abstention to approve it as amended at 2 '/2 %. In attendance at the meeting was Bob Magovern, Don Rheault, Gina, myself, Chris Johnson, Laurel, Tony Roberto, Bill Kubinski and Cheryl, our Auditor and again it was 3-0 with one abstention. President Johnson —As I understand it the amendment was to increase the percentage of the gross to 2 '/2 % and also that the vendor would pick up the utility costs for the second floor. Councilor Mineo—The utility costs, that is correct. President Johnson —Councilor Magovern? Councilor Magovern — I just wanted to repeat what I said in the conference committee and that is number one I want to give Tony Roberto accolades for the hard work that he's putting into the golf course if anybody's been up there I think that you'll see that it's been improved. He's also doing the work of two or three men in there from answering the telephone to putting out water to handling the golf sales, to you name it, he's doing it and he's totally understaffed and we have to do something with the restaurant facilities up there and for that reason we went out to try to get the contract from somebody that could come in and handle the restaurant. I am not in favor of the 2 '/2 % rent. I think that that is a low figure. I really feel that we should be getting more for the facility however he did come back and sweeten it up from the original one or half percent that they were originally gonna offer, so 2 '/2 % is better than what we have but it's still not what it should be given the amount that the facility has and the potential that it has to offer. He is gonna pick up all the utilities which is a cost right now and the idea of trying to do something is to improve the golf course so that we can bring in more rounds of golf. I feel that the golf course isn't up to potential as far as what it could be generating in income because of the fact that there's just limited facilities that we have to offer. So my comment is that I'm in favor of it, not one hundred percent, but I think that we've gotta try something to improve the dining facilities up at the golf course. President Johnson — Other questions or discussion? Councilor Mineo? I didn't see you with Bob leaning over. 7 Councilor Mineo — I just wanted to say I am in favor of this. A lot of us who are sitting up here today, a few of us anyways, were on the City Council when we approved this banquet facility. This costs the taxpayers $50,000 - $60,000 a year, $50,000 - $60,000 a year, we have no parties up there, we have nothing going on up there. This agreement is for seven months, seven months, whether we're only gonna make $1000 or $2000, whatever it is, we're not paying the utility bills, there's really no cost there, we're not, it won't be running a deficit this year. Are we better off with this deal for seven months? I mean do we really wanna ask the taxpayers to come up with $60,000 for the golf course? I mean here's a way out. For seven months, for one year, hey if it doesn't work, it doesn't work but I think you've got Tony Roberto here, he's in his second season and I think we need to give him a chance. I mean if it doesn't work, it doesn't work, we come back in January and we gotta figure out what we gotta do up there but I honestly believe that we need to do something here, something is better than nothing and I've heard all the complaints. I've been on this Council for 14 years, I don't know how many years nothing's going on up at the golf course, nothing's going on up at the golf course, what do they have up there, when a teacher retires or a superintendent leaves or they use it two or three times a year, is that what we passed, all this funding for this facility? I mean I don't think so, I mean I think we need to move forward and there's an opportunity to move forward. I think if you vote against it, I understand, I mean I'm not a businessman here, I'll admit it, but I think the deal that we have here for seven months is better than nothing and again I don't know what happened, I mean I don't think it's Mr. Roberto's fault or Mr. Kubinski 's fault, I don't know what happened, they're operating out of there already, they're already operating out of there. Mr. Kubinski from what I understood tonight at this meeting, he's already got flat screens TV's in the clubhouse. He says he's gonna take everything down. We have no restaurant facilities there, it's gonna go back to selling hot dogs, hamburgs, potato chips, popcorn, soda and beer. I mean if that's the direction this Council wants to go, that's fine with me, but it's not the direction I want to go. President Johnson —Councilor Bitzas? Councilor Bitzas —Thank you Mr. President. Yes, I am already in agreement and I love to see better agreement like everybody else see a better agreement but you cannot get what we want to get, nobody else I.think applied or replied for the request to run the facilities. I'm not a golfer but I do have many friends that play golf and I heard that the golf course is in very, very good shape and in the last couple years, improved by far. Tony's doing a great job and I hope all his crew continues to do so. I will vote in favor for this. I like to give him a chance. Let us all give him a chance, give it a try and I hope we succeed and I have faith in him and I believe it will be better for us, for the town. Thank you. President Johnson — I don't know who was first, I think Gina, Councilor Letellier, then Councilor Cavallo. Councilor Letellier — Oh, it doesn't make a difference to me who goes first. I was the one who abstained on the sub-committee vote in the hopes that based on our discussion 8 Mr. Kubinski would go back, talk to his partners and then between when we adjourned and now, which I guessed would be 45 minutes, and it was, he could come back with a higher percent but apparently he has had to leave for an emergency at another golf course and so I'm gonna basically say what I said at the sub-committee meeting which is I'm of two minds—I want the golf course to succeed, I want the restaurant business to succeed, I think Mr. Roberto's got a lot of energy and if energy alone was enough, that would be great but you know, President Johnson did some math, I did some math, Mr. Kubinski 's saying he thinks he could make maybe 40% of last year's gross sales and at 2 '/z %, that would be oh God I forgot the math already, yes, $600.00, $600 — is that enough even to cover the cost of our liability insurance and the wear and tear and the use on things? I don't know. So I guess I have to decide which half of my brain is gonna vote. So maybe we can hear from people that weren't at the sub-committee meeting. Thank you. President Johnson —Councilor Cavallo then Rossi. Councilor Cavallo — Yea, I last week, I listened to a man who came in here with a proposal, with a lot of this, Gina said, energy but I also listened to a man who should be given a chance. 1 wasn't on the Council when the previous professional golfer ran the golf course but he certainly sounds like he is much more highly motivated to do a good job. What are we really going to lose? I mean we're talking about a golf course which is a very small, small part of a $70million budget. I mean is it really, right now, we're making nothing. He said that last week. So what damage can really be done? it's like anything else, I'm willing to give the man a chance and if it doesn't go well, like anything else, whether it's public or private enterprise, if you don't do well, then you don't get a second chance. He's convincing us, at least he's convinced me, he can do it and as far as I'm concerned, it's not like it's gonna cost us a lot of money and if it doesn't pay out for him, then we look at other alternatives. That's the way I'm looking at it and you know you also want to be very careful, he seems to be a fairly intelligent guy who's got a lot of ideas and you really don't want to discourage people like this because sometimes they may say gee I may look somewhere else if they're not gonna give me a chance because I came in here at a much lower salary than the gentleman that left and working probably twice as hard from what I've been told, I think the man should be given a chance and I am gonna vote yes. President Johnson —Councilor Rossi? Councilor Rossi — Thank you. I was glad, I listened to the, I was at the sub-committee meeting and I listened to the committee and I was happy to hear the turn of events that shifted more towards allowing the golf course to try to move forward and I honestly believe that maybe this isn't perhaps the best contract that maybe we could come up with but it's certainly a good tool for the golf course in order to try to get more competitive in the area, to get more events, more leagues, those kinds of things because I looked at this golf course, I've been following this golf course for many, many years with a great deal of disappointment over the years with the other manager that we had and we've been losing money and our Retained Earnings have been steadily going down and now, when Dan Shay came back as our Maintenance Manager, Greens Keeper, and Tony Roberto 9 came in here and are generally interested in getting this golf course turned around and they have turned it around and play is starting to pick up but you have to give them the tools that they're gonna require in order to keep that thing going, to get people to play and one thing I know about golfers is they will not go to a golf course where they don't have the amenities or where the golf course is in terrible condition regardless of the money so I think we need, this is a very important first step. We put that thing, the upstairs in place at a great deal of expense and as other councilors have mentioned and we've never used it, we've never put this thing into practice. In the beginning and I can remember before I retired, working for the town, that they had a few retirement parties and stuff up there when President Johnson was the Mayor, they used that thing a little bit, but after that nothing seemed to happen, everything seemed to just die up there and it was a shame that we have facilities like that that's going to waste. I know and I'm a member of the Unico and we used to do functions for the High School up there and we did the cooking for the High School tournaments under Mr. Conte and the facilities up there are wonderful, the kitchen is spectacular equipment up there and it's a shame just to see this thing not being used. So and the whole point of this whole thing is I think that the best think we could possibly do is given them to tools to try to get the golf course running and that's what I really wanna see happen. I wanna see that golf course meet its potential. I think we could really make a lot of money and I think over the years maybe this food and beverage business would pick up to the point where the town will start to realize a few more bucks but in the meantime we need to start somewhere and we. need to start attracting people and I think this is a very good way of doing it because you're not gonna get leagues, you're not gonna get people paying for events and outings up there where there are no food available regardless of how much money we make from the rental agreements in the beginning, our object is to get 144 golfers on a golf course at an outing —that's our objective and if we need to get this vendor in there to accomplish that goal, I think we will succeed. Thank you. President Johnson —Councilor Rheault? Councilor Rheault — Yea, excuse me, I don't want to be redundant to the previous speakers however I think as I look at this issue, it's very simple. We're currently in a position where we're going down hill and we have an opportunity with new blood and new direction to take and to make it a success so I would say that we've got one choice — that's to given him and opportunity to prove himself, It`s a very short-term contract. We're not locking ourselves in to a long-term and he seems like he has enough energy and will and desire to prove us all, prove the town successful and that's what we're looking for. President Johnson — Stepping from the Chair, I just wanna correct an inadvertent mis- statement by Councilor Mineo. The golf course hasn't cost the taxpayers of Agawam a dime. Golf course is paid as an Enterprise Fund by the people who utilize the golf course so to say that it's costing the taxpayers money is not accurate and I know it was inadvertent Joe but you stated it three or four times during your remarks. 10 Councilor Mineo — Well, that's what I've heard that we're operating under a deficit and didn't we have to, didn't something come before us last year? President Johnson — We had to reduce the budget because what we took in in Fiscal 2012 was less than what our Fiscal 2013 appropriation was so DOR requires that you can't year over year in an Enterprise Fund appropriate more than what you took in in actual revenue from the prior year unless you have sufficient reserves to cover the difference. Councilor Mineo — So what you're saying is the golf course is making money? President Johnson — You stated, Councilor Mineo — that it's costing the taxpayers money - Councilor Mineo — I understand that. But it does cost the taxpayers money. It cost the taxpayers money when you're not utilizing that facility up there. President Johnson —How? Councilor Mineo —Because it's not in use. President Johnson — Again, the Golf Course is an Enterprise Fund like the Water Department and the Sewer Department. To my knowledge and I believe the Auditor answered it during the sub-committee meeting, that it's an Enterprise Fund and the taxpayers have never paid a dime towards Agawam Municipal Golf Course so I wanted to correct the inadvertent misstatement because it's not costing the taxpayers money. Councilor Mineo—Fine. President Johnson — And we've all made this assumption that the food and beverage operation is losing money based upon a piece of paper that was handed to the five committee members only this evening prepared by the current course manager. There's absolutely no analysis, there's no information to make sure and he indicated that Laurel who will return from vacation today hadn't had the opportunity to even look at the numbers that he presented. So we're making the assumption that the current food and beverage operation's losing money based on his assertion. We don't have that information because no one has bothered to put it together. For that reason, I don't think that this is a good idea even if they doubled the amount of food and beverage according to the piece of paper provided today, even if they doubled it, we're gonna make a whopping two or three thousand dollars a year. That's, I can only attest to the seven or eight years where I oversaw the operation of the course and during all of those seven or eight years, we made money in the food and beverage operation. We didn't lose money in the food and beverage operation. If you're in favor of TR-2013-34, vote yes. If you're opposed, vote no. I'd ask Barbara to call the roll. lI ROLL CALL — 9 YES, 1 NO (Council President Johnson), 1 ABSENT (Councilor Calabrese) President Johnson —With a vote of nine yes, one no, we've approved TR-2013-34. 3. TR-2013-36 -A Resolution Authorizing the Reservation and Appropriation of Funds from the Community Preservation Act Fund (CPA) President Johnson — Is there a Motion to approve? Moved by Councilor Bitzas, seconded by Councilors Cichetti and Rheault. Questions or discussion? This is the reservation of funds anticipated for Fiscal Year 2014. Seeing none, all those in favor say Ay? Any opposed? It's unanimous. Item 7. Report of Council Committees None. Item 8. Elections None. Item 9. Public Hearings 1. PH-2013-4 (TR-2013-29) -A Resolution Adopting the Fiscal Year 2014-2018 Capital Improvement Program (Mayor) (Tabled) (Referred to the Finance Committee) President Johnson — The matter is on the table is there a Motion to remove the item from the table? Moved by Councilor Rheault, seconded by Councilor Cichetti. All in favor of taking it off the table say Ay? Any opposed? The item is off the table. At this point, the Chair would entertain a Motion to approve TR-2013-29. Is there a Motion to approve? Moved by Councilor Letellier, seconded by Councilor Rheault. At this point, the Chair will open the Public Hearing. If you're in favor of the proposed Fiscal Year 2014-2018 Capital Improvement Program, I'd ask you to come forward, identify yourself by name and address and you may address the Council. The Public Hearing is open. Anyone wishing to speak on TR-2013-29 in favor? Richard Bennett — Richard Bennett, Willowbrook Drive. On the golf course issue and stuff and again let me just be clear I look at that as part of the recreational facilities in town so I don't have any problem with taxpayers' money being spent but maybe the Council could in fact clarify the Capital Expense items, as we incur in expenses each year from $10,000 to $15,000 and the bonding request of$315,000 for carts. Is that gonna be reimbursed to the town? I think that's an important question that should be answered or am I missing something? 12 LEASE ADDENDUM This addendum is made this Ln day of Twik'E , 201-1. and is added to and amends that certain agreement by and between Professional Golf Management, Inc. as Leasee and the Town of Agawam as I.,easor, which agreement is dated 4«` day of June, 2013. Said agreement is amended as follows: Paragraph 11 section A shall read: A. This Lease shall be effective for the term of twelve (12) months, commencing on June 4th, 2013 and ending on June 3rd, 2014. Furthermore, the Leasee will be obligated to provide stated services at the lease/rental rates proposed for the option years which begin June 4` , 2014 through June 3`d, 2016. The Leasor will determine if the option year(s) will be extended to the Leasee for the period stated and at the rates quoted by the Leasee in his original proposal. if the Lease is extended for the option year(s) then the Leasor will issue a Contract Amendment that shall state the additional Lease period and Lease/rental rates for the option year(s). Signed on the day and date as first set forth, above. TOWN OF AGAWAM PROFESSIONAL GOLD' MANAGEMENT, INC. Mayor Approved YToorm: La-,Nf Department 06/28/2013 08:43 FAX 4137860958 NTNDA (Moo 1/001 *GM . Professional Golf Management , Amendment To Lease BE IT KNOWN, that for good consideration PROFESSIONAL GOLF MANAGEMENT of Ludlow, Massachusetts,and the TOWN OF AGAWAM, MASSACHUSETTS, under a certain lease agreement between them for the premises known as AGAWAM MUNICIPAL GOLF COURSE, dated April 22"1 , 2013 through December 31", 2013,herby agree to amend said lease as to the following terms: A. PGM agrees to pay 2.5%of the gross sales on a monthly basis to the Town of Agawam B. PGM agrees to pay 100%of the electrical costs for the meter on the second floor of the clubhouse only,to the Town of Agawam C. PGM aggress to pay 100%of the heating costs for the second floor of the clubhouse only,to the Town Of Agawam All other terms shall remain in force as contained in the original lease,which provisions are incorporated herein by reference. This Lease Amendment shall become part of the original Lease and shall be binding upon and inure to the benefit of both parties. Signed on this 21"day of May, 2013 Bill Kubinski,President,Professional Golf Management .� o 4 v c-) G �r- x n� � nr D �p -n Golf Shop: (413)547.8610 • Fax: (413) 610-0109 �� `� Memo To: Town Clerk, Auditor, Golf Course & Council From: Mayor Richard A. Cohen Subject: EO-#1203 Contract c� Date: June 27, 2013 G CC: Nadine Porfilio ! r co �3 3 �Q fr' Please note that this is a lease addendum - CONTRACT AGREEMENT is on C& in the Town Clerk's Office in its entirety. Should you have any questions or if you wish to review this contract please refer to the Town Clerk's Office regarding this agreement. Thank you for your cooperation. Q ea C N S .J LEASE ADDENDUM This addendum is made this 7C day of J/tJy 5 , 20-L,:�-, and is added to and amends that certain agreement by and between Professional Golf Management, Inc. as Leasee and the Town of Agawam as Leasor, which agreement is dated 4`h day of June, 2013. Said agreement is amended as follows: Paragraph 1I section A shall read: A. This Lease shall be effective for the term of twelve (12) months, commencing on June 4th, 2013 and ending on June 3rd, 2014. Furthermore, the Leasee will be obligated to provide stated services at the Lease/rental rates proposed for the option years which begin June 40', 2014 through June 3rd, 2016. The Leasor will determine if the option year(s) will be extended to the Leasee for the period stated and at the rates quoted by the Leasee in his original proposal. If the Lease is extended for the option year(s)then the Leasor will issue a Contract Amendment that shall state the additional Lease period and Lease/rental rates for the option year(s). Signed on the day and date as first set forth, above. TOWN OF AGAWAM PROFESSIONAL GOLF MANAGEMENT, INC. Mayor r. Approved As T orm: I r�jk Law Department prov Mll TR-2013-34 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO'A LEASE AGREEMENT BETWEEN THE TOWN OF AGAWAM AND PROFESSIONAL GOLF MANAGEMENT, INC. Sponsored by Mayor Richard A. Cohen Whereas, the Town owns the land known as the Agawam Municipal Golf Course in the Feedings Hills section of Agawam, Massachusetts; and Whereas,the Town requested proposals for the operation of the facilities; w � Whereas, Professional Golf Management, Inc. has submitted a suitable proksal ni= for the leasing of the second floor restaurant and first floor concessions; and N 3m Whereas, the request for proposals proposed a lease price of/z of 1% of the> Gross Monthly Sales; and -P v N Cn Whereas, City Council approval is required to permit the Town to enter into `T' lease agreement with Professional Golf Management, Inc. for use of said property. NOW, THEREFORE, BE IT RESOLVED BY THE AGAWAM CITY COUNCIL that the Mayor is authorized to enter into a one-year lease agreement with optional renewable one-year terms with Professional Golf Management, Inc. for said use of the Agawam Municipal Golf Course Restaurant located in the Feeding Hills section of Agawam, Massachusetts. Dated this day of_ ��1,(�� , 2013. fee - PER ORDER OF THE AGAWAM CITY COUNCIL C� i Chns opher C. V An's'on, President C C Cc011-k ;-�, s A PRO D A O FORM AND LEGALITY pj� Vincent YV49aia, City Solicitor s MAYORAL ACTION Received this day of cr�-c , 2013 from Council Clerk. Signed by Council President this day of , 2013. APPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agaw harter, as amended, herebX approve the passage of the above legislation on this �- _day of 2013. Poe Richard A. Cohen, Mayor DISAPPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as amended, 1 hereby veto the passage of the above legislation on this day of 2013 for the following reason(s): Richard A. Cohen, Mayor RETURN OF LEGISLATION TO COUNCIL CLERK Returned to Council Clerk this day of 2013. Agawam Massachusetts office of the Mayor 36 Main Street, Agawam, MA 01001 mayor@agawam.ma.us Richard A Cohen Tel: 413-786-4520 Mayor Fax:413-786-9927 EXECUTIVE ORDER # 1203 EXECUTIVE ORDER OF THE MAYOR EXECUTING THE AGREEMENT BETWEEN THE TOWN OF AGAWAM AND PROFESSIONAL GOLF MANAGEMENT, INC. C) . 0 Pursuant to the powers vested in me by the Charter, as amended, Section 3-2, I hereby tcute fir Agreement between the Town of Agawam and Professional Golf Management, Inc. for thgur� of food services at the Agawam Municipal Golf Course. 40r ! 1 Said agreement is herewith placed on file in the Offices of the Town and Council Clerks. 3x � r DATED THIS � ,��^ DAY OF J1&,CLC, , 2013. N Tn Richard A. Cohen, Mayor Approved as to Form and Legality -Solicitor oti.�+�� Approve as to Appropriation -Auditor L C. Ccr.M�c. Acc t # A prow - Ant ny Roberto, Golf Manager i& I,.,)�eC a aav au, Staff Review Complete Executive Assistant to the Mayor ���lY/ f :6 WV • LEASE AGREEMENT THIS AGREEMENT(hereinafter"Lease"), made and entered into this_-e day of June, 2013, by and between the Town of Agawam with its principal place of business at 36 Main Street, Agawam, Hampden County, Commonwealth of Massachusetts (hereinafter "Leasor"), and Professional Golf Management, with its principal place of business at 76 Bartlett Avenue, Wilbraham, Massachusetts (hereinafter"Leasee"). WITNESSETH WHEREAS, the Leasor is the owner of the property and premises known as the Agawam Municipal Golf Course, 128 Southwick Street, Feeding Hills, Massachusetts; and WHEREAS, the Leasor has accepted the bid of the Leasee herein named and authorized the execution of this Lease Agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements contained herein, and other valuable consideration, the Leasor does hereby demise and let into the Leasee, and the Leasee does hereby hire and take from the Leasor certain property, premises, facilities and rights as hereafter follow. 1. DEMISED PROPERTY A. The Agawam Municipal Golf Course second floor restaurant and first floor concessions at the Agawam Municipal Golf Course, located 128 Southwick Street, Feeding Hills, Massachusetts, excepting there from the areas known as the Pro Shop. B. It is understood and agreed that the list of personal property and fixtures as listed in Appendix A constitute a part of the demised premises covered by this Lease. C. During the term of this Lease, the Leasee shall have the exclusive right to operate a restaurant and roving cart concessions on the golf course and uses incidental thereto. 1 D. During the term of this Lease, the Leasee shall have the use, together with the general public, of all parking lots providing that the Leasee's use thereof shall not interfere with the use of the general public thereof, II. TERMS OF LEASE A. This Lease shall be effective for the term of twelve (12) months, commencing on June _ 1j_,2013 and ending on June , 2013. Furthermore, the Leasce will be obligated to provide stated services at the Lease/rental rates proposed for the option years which begin June 4-1 2014 through June , 2016. The Leasor will determine if the option year(s) will be extended to the Leasee for the period stated and at the rates quoted by the Leasee in his original proposal. if the Lease is extended for the option year(s) then the Leasor.will issue a Contract Amendment that shall state the additional Lease period and Lease/rental rates for the option year(s). B. The Leasee shall provide the Leasor with 2.5% of the Gross Monthly Sales for all business activities. Payment will be due within one week (7 days) of the completed month. A daily receipt of sales shall be submitted to the General Manager the following day. The General Manager shall have the right to inspect, at any time and without notice, the receipt of sales. C. The Leasee shall commence the operation of the concession on the demised premises on Opening Day and such operation shall continue during the golf season and at such hours as follows: The Restaurant shall be open to the public on a daily basis no later than 6:30 a.m. every day. Leasee shall be ready to serve customers one half hour before the first tee time on a daily basis. Any changes to this schedule shall be made only with the 2 permission of the Golf Course General Manager. Restaurant shall close when all golfers have left the premises. All customers must leave the premises no later than midnight. D. The hours listed may be reduced/extended at the discretion of the Golf Course General Manager. In case of inclement weather when the course itself is closed, the concession may be closed at the discretion of the Leasee. In addition to the Lease payment herein provided, the Leasee shall also be obligated to obtain/pay all licenses and fees for its operation, including but not limited to liquor licenses, common victualer license and licenses for handling milks and food. E. The Leasee shall operate a Beverage Cart throughout the season. The season shall consist of the first day the course opens to the public and the last day of operation as determined by the Golf Course General Manager, The Leasee may lease a Beverage Cart from the Leasor for an estimated $500.00 per month with payment to be made to the Leasor on the first of each month or provide his own cart. F. The period of operation shall be determined by negotiation between the Golf Course General Manager and the Leasee if operation of the restaurant should continue beyond the regular golf season. G. The Leasee shall pay all electric and heating costs for the second floor of the clubhouse throughout the term of the Lease. III. INSURANCE A. The Leasee shall acquire and maintain for the duration of this Lease the following insurance coverage, with the Town of Agawam as an additional named insured: 1. $500,000 Liquor Liability Insurance 2. $1,000,000 General Liability Insurance 3 B. The Leasor shall be supplied certificates of insurance prior to taking possession of the premises and each option year if exercised. C. The Leasee shall be responsible for making accident reports of any accident in the concession area, including rest rooms and storage areas. At the time of the accident the Leasee must notify the Golf Course Manager, Golf Course General Manager, Agawam Law Department.and the Leasee's Insurance Company. D. Leasee, for itself, its contractors, successors and assigns, does hereby release, remise, acquit and forever discharge the Leasor and the Leasor's officers, agents, contractors and employees of and from any and all actions, causes of action, claims, costs and expenses, including attorneys fees, on account of, or in any way arising out of the exercise, by the Leasee, of its rights under this Agreement. Without limiting the generality of the foregoing, this release includes, but is not limited to, a release of all claims as may arise for personal injury, including death, damage to property, loss of services, lost profits and specifically includes a release of and from any consequential damages E. The Leasee shall indemnify and hold the Leasor harmless against any claim of liability from any third party who claims injury of any nature related to, directly or indirectly, the exercise by the Leasee of its rights under the Agreement. This obligation to indemnify and hold harmless includes, but is not limited to, any claim of liability or loss from personal injury, including death, or property damage resulting from or arising out of the use and occupancy of the premises except in cases of negligence by the Leasor. IV. USE OF LEASED PROPERTY A. The Leasee shall use the leased property and premises, including the roving cart concession on the golf course for the purpose of operating a restaurant and uses incidental 4 thereto, such as the retail sale of tobacco, alcoholic beverages, sales from vending machines, lottery and Keno machines, and for no other purpose whatsoever, without the prior written consent of the Golf Course General Manager. B. The Leasee shall operate a class restaurant with excellent quality food service, atmosphere and equipment. C. The Leasee will have the use of the building that houses the restaurant operation and the equipment located therein during the term of the Lease only including two weeks prior to opening and two weeks after closing so that the Leasee can prepare the building and necessary equipment and inventory. However, any equipment required to provide the necessary services must be furnished by the Leasee without cost to the Leasor. The Leasee may also install additional vending machines on the golf course property, subject to the approval of the Golf Course General Manager or its designated representatives. D. Additional equipment may be installed subject to the approval of the Golf Course General Manager. E. The Leasee will be permitted to sell, service and dispense at the location as herein described any items of food and beverage as are customary. The Leasee further agrees that all articles offered for sale shall be subject to the approval of the Golf Course General Manager. F. The Leasee agrees that it will keep the quality of the service at the highest level consistent with the premises and maintain all areas unused by the public and all areas where food is stored and prepared clean and orderly at all times. 5 G. The Leasee further agrees that all personnel employed by the Leasee will be neat in appearance. The Golf Course General Manager strongly encourages a uniform dress code including but not limited to similar color staff shirts, pants, shorts or shoes. H. All employees of the Leasee shall have recent training in sanitary food handling practice. All employees shall be tested including but not limited to a Mantoux Test. I. The Leasee shall be the manager/principal food service worker at the restaurant, the Leasee may appoint/hire someone to fulfill that position in his contract. Written notification must be given to the Leasor before opening day as to who the manager or appointee will be, including addresses and phone numbers where they may be reached. J. All employees of the Leasee shall submit to a CORI administered by the Leasor. V. MAINTENANCE OF DEMISED PREMISES A. The Leasee has examined the demised premises and found them acceptable and in satisfactory condition and adequate for the purpose of the Leasee as of the date of execution of the Lease Agreement. The Leasee agrees that during the term of the Lease the Leasee shall maintain and keep the demised premises and property in a safe, workable, clean and sanitary condition according to the usage, habits and ordinary risks of the business, and at the end of the term the Leasee shall surrender the demised property and premises in as good condition as received, with reasonable wear and tear excepted, including the rest rooms. B. The Leasee shall maintain the interior of the demised premises in a state of good order, repair and condition, including but not limited to ceiling fixtures, restroom fixtures, light bulbs, ceiling tiles, water service after the meter, periodic preventive maintenance of restrooms, including, but not limited to, daily cleaning and weekly sanitation of the 6 restrooms. The Leasee shall be financially responsible for all paper goods including but not limited to toilet paper, paper towels and cleaning materials during the year. The personal property belonging to the Leasee shall be maintained in good condition by the Leasee during the term of the Lease Agreement. The Leasee agrees that the personal property belonging to the Leasor shall not be removed from the demised premises but shall be surrendered at the end of the term in good condition, reasonable wear and tear excepted and that the Leasee shall keep such personal property in good repair at the expense of the Leasee during the term of this Lease. C. The Leasor shall not be liable for any damages sustained by the Leasee because of the failure of the equipment to operate. The Leasee shall repair or replace any article of equipment or furnishing supplied by the Leasor or purchased by the Leasee, if in the opinion of the Leasor, the article should be repaired or replaced in that the public may receive proper service. The Leasee covenants and agrees that all alterations, additions or improvements in or to the premises made by the Leasee, excepting only business fixtures, shall become the property of the Leasor, and shall be surrendered with the premises at the end or other termination of the Lease, it being understood and agreed that any damage caused by the removal of such business fixtures shall be repaired by the Leasee at his or her own expense. D. The Leasor shall maintain the exterior of the demised premises. The Leasee agrees that it will not hold the Leasor liable for any latent defect in the premises or in the building of which the premises form a part in that the Leasor shall not be liable including but not limited to any failure of water supply, heat or electric current nor for any injury or damage to persons or property in the building or from falling plasters or from gas, 7 electricity, water, rain, snow, dampness or from pipes, roof, appliances, or plumbing unless the same be caused or result from the Leasor's negligence. E. At the end of the Lease, the Leasee shall secure all property within fourteen (14) days of notification from the Leasor that the Leasor intends to winterize the premises. Failure of Leasee to properly prepare its equipment and portion of premises under its control that results in any damage to the Leasor shall be a substantial breach of the lease. VI. DAMAGE OR DESTRUCTION OF PREMISES A. If the Agawam Municipal Golf Course building shall be partially damaged by fire, the elements, or the public enemy so as to affect the Leasee's use thereof but not render it unusable for its intended purpose, such building shall be repaired with due diligence by the Leasor at its own cost and expense. If the damage shall be so extensive as to render such premises unusable for its intended purpose but capable of being repaired in sixty (60) days, the same shall be repaired with due diligence by the Leasor at its own cost and expense and the rent payable there under shall be proportionately paid up to the time of such damage and shall henceforth cease until such time as the building shall be restored. B. In case said building is completely destroyed or damaged such that it will remain unusable for its intended purpose for more than sixty(60) days then restored or reconstructed with due diligence by the Leasor at its own cost and expenses, then the rent will cease until the building is fully restored or the Leasee shall have the right to cancel this Lease Agreement as of the date of such damage or destruction, provided that nothing in this article shall apply to the damages to said building caused by the acts of the Leasee, for which the Leasee is legally liable, and further provided that the Leasee shall, at the Leasee's own expense repair all such damage resulting from its negligent act. 8 VII. CANCELLATION A. It is agreed that if any monthly installment of rent shall be in arrears and unpaid for the duration of ten (10) days after the same shall be due and payable as established, then the balance of said rent shall be due and payable immediately, and the Leasor shall have the right at its option to terminate said Lease upon seven (7) days notice and at any time after such neglect or default and without any previous demand or notice whatever, to re- enter and take possession of said Lease premises, and such re-entry and taking possession shall end and terminate this Lease and the term thereby created, and in such event the Leasee agrees to waive and does hereby waive notice to quit possession and every other formality or requirement of law provided by any statue with respect to summary process proceedings to enforce; the right of the Leasor shall be repossessed in the Lease premises as in its former estate and it is further agreed that if the Leasee shall fail to keep and fulfill any of the other covenants, agreements and conditions of this Lease to be kept and fulfilled in its part and such failure shall continue or remains uncorrected for a period of ten (10) days after the Leasor shall have given seven (7) days written notice of the default and shall have demanded correction of the same by mailing such notice and demand by registered mail, postage prepaid, addressed to the Leasee at the premises herein leased, then this Lease and the term hereby created at the Leasor's option shall cease and terminate and the Leasor shall have the right to re-enter said leased premises and demand possession of the same without any previous demand or notice, whatever, and such re- entry and taking possession shall end and terminate this Lease and the term created. B. Any breach of any of the terms of this contract by the Leasee will result in a rescission of the entire contract upon the option of the Golf Course General Manager. 9 VIII. OBSERVANCE OF LAW A. The Leasee agrees to observe, obey and comply with all rules and regulations promulgated from time to time by the Leasor governing conduct on and operations at the Agawam Municipal Golf Course. The Leasee agrees to observe, obey and comply with all laws and regulations of the Federal, State and City Governments applicable to the operation of the demised premises and to properly pay all license and permit fees imposed in connection with the business operations conducted by the Leasee. B. It is recognized that the Agawam Municipal Golf Course operates on Leasor property and therefore, such facilities must be made available to all citizens without discrimination. C. The Leasee shall secure, at its own expense, and display properly all permits and licenses required by the laws or ordinances of the Federal, State and City Governments. The Leasee will not permit any violation of the Laws of the Commonwealth of Massachusetts or the ordinances of the Town of Agawam by any of its personnel, including but not limited to sexual harassment, vulgar language and hostile work environments nor will the Leasee permit any obnoxious or offensive business, trade or occupation to be carried on in said concession. D. Leasee and his employees shall comply with all state ethics laws. IX. INSPECTION BY THE LEASOR A. The Leasor by its authorized personnel, may enter upon the demised premises hereby leased exclusively to the Leasee at any time for any purpose necessary, incidental to or connected with the performance of the provisions of the Lease Agreement, or in the exercise of its government functions. 10 B. In all cases, the Leasee will offer employment and promotional opportunities to qualified applicants and employees without regard to race, color, religion, sex, age, sexual orientation or national origin. C. The Leasee will pay Federal and State minimum wages to those employees to whom the minimum wage laws apply. Those employees not covered by minimum wage laws will be paid a salary or wage based upon prevailing rates in the local market area according to value, quality and quantity or work performed. X. QUIET ENJOYMENT A. The Leasor covenants and agrees that, on payment of the rentals, charges, licenses and taxes herein provided for and the performance of the covenants and agreements on the part of the Leasee to be performed hereunder, the Leasee shall peaceably have and enjoy the leased premises, facilities and rights granted herein term of this Lease Agreement. XI.SURRENDER OF POSSESSION A. The Leasee shall not, at any time, assign this Lease Agreement or any part hereof, nor shall the Leasee sublet the demised premises or any part thereof, nor shall the Leasee grant any licenses or concession in connection with the demised premises, without the prior written consent of the Golf Course General Manager. B. The Leasee covenants and agrees that if the Leasee shall be adjudged bankrupt, or if a receiver shall be appointed to take charge of its business and property either in whole or in part, or either through voluntary or involuntary proceedings, or if any assignment is made by the Leasee for the benefit of creditors, or the Leasee shall permit said premises to become vacant or occupied, then upon the happening of any such events, all installments of rent for the entire Lease period shall become due and payable at the 11 option of the Leasor or its assigns, and upon demand of the Leasor or its assigns, the Leasee shall surrender complete and peaceable possession of the premises, waiving all other notice of every kind of description, but this provision shall not be constructed so as to prevent the Leasor from recovering damages that it may sustain for failure on the part of the Leasee to perform any of the covenants and agreements or conditions in this Lease that it agreed to perform, and if the Leasee shall so surrender possession, the Leasor shall make reasonable effort to re-let said premises on such terns as it shall deem best and apply the proceeds of such re-letting to the reduction of such rent, and the Leasee shall be liable for the balance. XII. MODIFICATIONS OR EXTENSIONS A. The Lease Agreement contains all understandings, covenants and agreements between the parties hereto, and the provisions herein contained shall be modified or amended only by written agreement duly executed by the Leasor and the Leasee. Except as herein provided, the term of the Lease Agreement shall not be extended except upon advertisement and competitive bidding accomplished in compliance with the requirements of the Ordinances of the Town of Agawam. No waiver of default by the Leasor of any of the terms, covenants hereof to be performed, kept and observed by the Leasee shall be constructed as acting as a waiver of any subsequent default, and the acceptance of rent during or after a default shall not be deemed as a waiver of a right on the part of the Leasor. B. This Lease shall be executed in two counterparts, both of which shall have the force and effect of an original, but both counterparts together shall constitute one instrument. 12 Executed on the day and date as first set forth, above. TOWN OF AGAWAM PROFESSIONAL GOLF MANAGEMENT, INC. Mayor Ajcq.+94 }E Ce1f6N thorized Official of Leasee "DpiTftnt' To orm: CERTIFICATION As authorized agent of Professional Golf Management, Inc., in accordance with G.L. c. 52C, §49A, 1 certify under pains and penalties of perjury that, to the best of my knowledge and belief, Professional Golf Management, Inc.has caused to be filed all state tax returns and paid all state taxes required by law. Federal Tax Identification Number X' u thoini zeeKke6 13 APPENDIX A--INVENTORY OF TOWN OWNED EQUIPMENT Lower Concessions on 1" Floor: • Seventeen (17)Tables with Chairs • "R" Series Freezer • Grill • Hot Dog Steamer • Fryolator • Microwave + Small Pizza Oven • Stainless Steel Prep Area with Two (2) Cutting Tables • Five (5) High Storage Shelf + Beverage Air"R" Series Refrigerator • Two (2) Beverage Coolers • Full Bar with Soda Fountain Hook-up • Coffee Pause coffee maker • Nine (9) seat bar Upper Restaurant/Banquet Facility (48' x 30' Interior with a 56' x 12' Enclosed Patio): • Walk-in Cooler • Walk-in Freezer • Manitowoc Ice Machine • Commercial Dishwasher Unit • Stainless Steel Prep Area • Stainless Steel Prep Area with Sink • Southbend Grill • Southbend Commercial Ovens • Panasonic Microwave • Auto-Sham • True Freezer • Three (3) High Top Bar Tables • Eleven Seat Bar • Stainless Steel Sinks with Fountain Set-up • True Beverage Cooler • Sixteen (16) Rectangular Tables with 64 Chairs • Men's & Women's Restrooms • Outdoor Patio with Eight Tables • Ceiling Fans • Sound System with Microphone All Town owned equipment shall be inspected and tested no later than seven (7) days after opening day of each year. 14 LEASE AGREEMENT THIS AGREEMENT(hereinafter"Lease"), made and entered into this XXth day of May, 2013, by and between the Town of Agawam with its principal place of business at 36 Main Street, Agawam, Hampden County, Commonwealth of Massachusetts (hereinafter "Leasor"), and Professional Golf Management, with its principal place of business at 76 Bartlett Avenue, Wilbraham, Massachusetts (hereinafter"Lessee"). WITNESSETH WHEREAS, the Leasor is the owner of the property and premises!known as the!Agawam Municipal Golf Course, 128:Southwick Street, Feeding-Hills, Massachusetts; and WIIEREAS, the}Leasor has'accepteL the bid of the Leasee herein named and authorize the execution of this Lease A#greernent. - NOW; THEREFORE, consideration of the pr in and'of the mutual covenants and h t agreements con.aired herein, and other.,valuable con d,t66n, the Leasor does hereby demise i and let into the�Leasee, a I d the Lease does hereby hire an ,take from the Leasor certain property, premises, facilities and rights as hereafter follow. I. DEMISED PROPERTY A. The Agawam Municipal Golf Course second floor restaurant and first floor concessions at the Agawam Municipal Golf Course, located 128 Southwick Street, Feeding Hills, Massachusetts, excepting there from the areas known as the Pro Shop. B. It is understood and agreed that the list of personal property and fixtures as listed in Appendix A constitute a part of the demised premises covered by this Lease. C. During the term of this Lease, the Leasee shall have the exclusive right to operate a restaurant and roving cart concessions on the golf course and uses incidental thereto. 1 D. During the term of this Lease, the Leasee shall have the use, together with the general public, of all parking lots providing that the Leasee's use thereof shall not interfere with the use of the general public thereof. H. TERMS OF LEASE A. This Lease shall be effective for the term of twelve (12) months, commencing on May XX, 2013 and ending on May XX, 2013. Furthermore, the Leasee will be obligated to provide stated services at the Lease/rental rates proposed for the option years which begin May XX, 2014 through May XX, 2016. The Leasor will determine if the option year(s) will be extended to the Leasee for the period stated and at tlie;rates.guoted.by-the Leasee i in his original proposal. if the Lease is extended,for the option year(s) then thelLeasor will issue';a Contract;Amendment that shall state the additional Lease period and r - Lease7renial rates for the,option years - — — B. The Leasee shal'l,;provide the Leasor,with '/Z ofj1.°Lo of thre,Gross Monthly Sales for all ! / a-Payment , i (7 days) of the completed � �_business activities Pa ent wsll be. ue within one week � Irl[ month. A daily receipt of sales shall be submitted to the General Manager the following day. The General Manager shall have the right to inspect, at any time and without notice, the receipt of sales. C. The Leasee shall commence the operation of the concession on the demised premises on Opening Day and such operation shall continue during the golf season and at such hours as follows: The Restaurant shall be open to the public on a daily basis no later than 6:30 a.m. every day. Leasee shall be ready to serve customers one half hour before the first tee time on a daily basis. Any changes to this schedule shall be made only with the 2 permission of the Golf Course General Manager. Restaurant shall close when all golfers have left the premises. All customers must leave the premises no later than midnight. D. The hours listed may be reduced/extended at the discretion of the Golf Course General Manager. In case of inclement weather when the course itself is closed, the concession may be closed at the discretion of the Leasee. In addition to the Lease payment herein provided, the Leasee shall also be obligated to obtain/pay all licenses and fees for its operation, including but not limited to liquor licenses, common victualer license and licenses for handling milks and food. E. The Leasee shall operate a Beverage Cart throughout the season. The'season shall- consist ., ti i , consist of the first day the curse opens to.thepublic and the last day of operation as I determined by they Golf Course General'Manag�er.'The Leasee may lease a Beverage Cart I � E from the Leasor for an estimated $500.00 per month with payment to be made to the Leasor on the firs of eachmonth or prroyide his own`cart. F.1_:he penod of operation sliall:be determined by negotiation between the Golf Course General Manager and the Leasee if operation of the restaurant should continue beyond the regular golf season. III. INSURANCE A. The Leasee shall acquire and maintain for the duration of this Lease the following insurance coverage, with the Town of Agawam as an additional named insured: 1. $500,000 Liquor Liability Insurance 2. $1,000,000 General Liability Insurance B. The Leasor shall be supplied certificates of insurance prior to taking possession of the premises and each option year if exercised. 3 C. The Leasee shall be responsible for making accident reports of any accident in the concession area, including rest rooms and storage areas. At the time of the accident the Leasee must notify the Golf Course Manager, Golf Course General Manager, Agawam Law Department and the Leasee's Insurance Company. D. Leasee, for itself, its contractors, successors and assigns, does hereby release, remise, acquit and forever discharge the Leasor and the Leasor's officers, agents, contractors and employees of and from any and all actions, causes of action, claims, costs and expenses, including attorneys fees, on account of, or in any way arising out of the exercise, by the .Leasee, of its rights under this•Agreement; Without limiting the generality of the foregoing, this release includes, but is not limited to, a release of all claims as may arise for personal injury, including death, damage to,property, loss of services, lost p lofits and i specifically includes a release of and from any consequential damages E. The Leasee shall indemnify,and hold the-Leasor harmless against any claim of liability from anylthird party who claims injury of any nature related to, directly or indirectly, the exercise by the Lessee of its rights under the Agreement. This obligation to indemnify and hold harmless includes, but is not limited to, any claim of liability or loss from personal injury, including death, or property damage resulting from or arising out of the use and occupancy of the premises except in cases of negligence by the Leasor. IV. USE OF LEASED PROPERTY A. The Leasee shall use the leased property and premises, including the roving cart concession on the golf course for the purpose of operating a restaurant and uses incidental thereto, such as the retail sale of tobacco, alcoholic beverages, sales from vending 4 machines, lottery and Keno machines, and for no other purpose whatsoever, without the prior written consent of the Golf Course General Manager. B. The Leasee shall operate a class restaurant with excellent quality food service, atmosphere and equipment. C. The Leasee will have the use of the building that houses the restaurant operation and the equipment located therein during the term of the Lease only including two weeks prior to opening and two weeks after closing so that the Leasee can prepare the building and necessary equipment and inventory. However, any equipment required to provide the necessary seMces.must be furnished by the Leasee without cost.to the Leasor. The Leasee may also install additional vending machines on the golf course property, subject E I to the approval of the Golf Course General'Manager or its designated representatives. D. Additional equipment may be installed subject to the approval-of the Golf Course General Liager.."-'.-� E. The Leasee will be permitted to sell, service and dispense at the location as herein described any items of food and beverage as are customary: The Leasee further agrees that all articles offered for sale shall be subject to the approval of the Golf Course General Manager. F. The Leasee agrees that it will keep the quality of the service at the highest level consistent with the premises and maintain all areas unused by the public and all areas where food is stored and prepared clean and orderly at all times. G. The Leasee further agrees that all personnel employed by the Leasee will be neat in appearance. The Golf Course General Manager strongly encourages a uniform dress code including but not limited to similar color staff shirts, pants, shorts or shoes. 5 H. All employees of the Leasee shall have recent training in sanitary food handling practice. All employees shall be tested including but not limited to a Mantoux Test. I. The Leasee shall be the manager/principal food service worker at the restaurant, the Leasee may appoint/hire. someone to fulfill that position in his contract. Written notification must be given to the Leasor before opening day as to who the manager or appointee will be, including addresses and phone numbers where they may be reached. J. All employees of the Leasee shall submit to a CORI administered by the Leasor. V. MAINTENANCE OF DEMISED PREMISES 4 A. The Lessee has examined the demised premises and found ahem acceptable and in ' _ satisfactory condition and adequate for the pur of the Lessee as of the date of execution}of the Lease Agreement. The 1 ase agrees that during the term of the Lease the Leasee shall maintain and keep the'deinised premises and property in a safe; j workable, clean and.sanitary:condition accordingjto ithe usage, habits and ordinary,risks of.the:b mess, and at the end of the,term the Leasee-shall surrender the demised. property and premises in as good condition as receLd, with reasonable wear and tear excepted, including the rest rooms. B. The Leasee shall maintain the interior of the demised premises in a state of good order, repair and condition, including but not limited to ceiling fixtures, restroom fixtures, light bulbs, ceiling tiles, water service after the meter, periodic preventive maintenance of restrooms, including, but not limited to, daily cleaning and weekly sanitation of the restrooms. The Leasee shall be financially responsible for all paper goods including but not limited to toilet paper, paper towels and cleaning materials during the year. The personal property belonging to the Leasee shall be maintained in good condition by the 6 Leasee during the term of the Lease Agreement. The Leasee agrees that the personal property belonging to the Leasor shall not be removed from the demised premises but shall be surrendered at the end of the term in good condition, reasonable wear and tear excepted and that the Leasee shall keep such personal property in good repair at the expense of the Leasee during the term of this Lease. C. The Leasor shall not be liable for any damages sustained by the Leasee because of the failure of the equipment to operate. The Leasee shall repair or replace any article of equipment or furnishing supplied by the Leasor or purchased by the Leasee, if in the gpinion of the Leasor, the article should be repaired or replaced in.that the.public may-. - I 1 receive proper service. The Leasee covenants and agrees that all alterations, ad itions or improvements in or to the premises made by the Leasee, excepting only business fixtures, shall become the property of the Leasor, and shall be surrendered-with the proses at the end or o/jt1her termination of the e Lease'.rt being-understood and agreed that any damage caused by the ren loval of such business fixtures shall be repaired by the Leasee'at his or her own expense. D. The Leasor shall maintain the exterior of the demised premises. The Leasee agrees that it will not hold the Leasor liable for any latent defect in the premises or in the building of which the premises form a part in that the Leasor shall not be liable including but not limited to any failure of water supply, heat or electric current nor for any injury or damage to persons or property in the building or from falling plasters or from gas, electricity, water, rain, snow, dampness or from pipes, roof, appliances, or plumbing unless the same be caused or result from the Leasor's negligence. 7 E. At the end of the Lease, the Leasee shall secure all property within fourteen (14) days of notification from the Leasor that the Leasor intends to winterize the premises. Failure of Leasee to properly prepare its equipment and portion of premises under its control that results in any damage to the Leasor shall be a substantial breach of the lease. VI. DAMAGE OR DESTRUCTION OF PREMISES A. If the Agawam Municipal Golf Course building shall be partially damaged by fire, the elements, or the public enemy so as to affect the Leasee's use thereof but not render it unusable for its intended purpose, such building shall be repaired with due diligence by the i Leasor;at its ow n.cost.and expense. If he damage shall be so extensive as to render p g `i such premises unusable for its intended purpose but capable of being repaired in sixty (60) days, the same shall be repaired with due diligence by the Leasor at its owh cost and expense and the rent payable there under shall be proportionately paid up to the time of such damage and shall henceforth cease until.such time as t he building shall be restored. i B. In-case-said building is 1pletel'r destro ed or damad such that it will remain Y Y g i unusable for its intended purpose for more than sixty(60) days then restored or reconstructed with due diligence by the Leasor at its own cost and expenses, then the rent will cease until the building is fully restored or the Leasee shall have the right to cancel this Lease Agreement as of the date of such damage or destruction, provided that nothing in this article shall apply to the damages to said building caused by the acts of the Leasee, for which the Leasee is legally liable, and further provided that the Leasee shall, at the Leasee's own expense repair all such damage resulting from its negligent act. VII. CANCELLATION 8 A. It is agreed that if any monthly installment of rent shall be in arrears and unpaid for the duration of ten (10) days after the same shall be due and payable as established, then the balance of said rent shall be due and payable immediately, and the Leasor shall have the right at its option to terminate said Lease upon seven (7) days notice and at any time after such neglect or default and without any previous demand or notice whatever, to re- enter and take possession of said Lease premises, and such re-entry and taking possession shall end and terminate this Lease and the term thereby created, and in such event the Leasee agrees to waive and does hereby waive notice to quit possession and every other _formality or requirement of law provided by any statue with respect to summary process proceedings to enforce; the right of the Leasor shall be repossessed in the Lease premises as in its farmer estate and ifis further agreed that if the Leasee shall fail to keep and fulfill anyrofthe other covenants, agreements and conditions of-this Lease to be kept and J r fulfilled in its part.and such failure shall continue or,remains uncorrected for a period of f �' �f ten (10);days after`the Leasor shall have given seven:(7) days written notice of the default and shall have demanded correction of the same by mailing such notice and demand by registered mail,postage prepaid, addressed to the Leasee at the premises herein leased, then this Lease and the term hereby created at the Leasor's option shall cease and terminate and the Leasor shall have the right to re-enter said leased premises and demand possession of the same without any previous demand or notice, whatever, and such re- entry and taking possession shall end and terminate this Lease and the term created. B. Any breach of any of the terms of this contract by the Leasee will result in a rescission of the entire contract upon the option of the Golf Course General Manager. VIII. OBSERVANCE OF LAW 9 A. The Leasee agrees to'observe, obey and comply with all rules and regulations promulgated from time to time by the Leasor governing conduct on and operations at the Agawam Municipal Golf Course. The Leasee agrees to observe, obey and comply with all laws and regulations of the Federal, State and City Governments applicable to the operation of the demised premises and to properly pay all license and permit fees imposed in connection with the business operations conducted by the Leasee. B. It is recognized that the Agawam Municipal Golf Course operates on Leasor property and therefore, such facilities must be made available to all citizens without i discrimination. i C. The Leasee shall secure,t its own expense, and display;properly all permits and licenses required by the laws or ordinances of the Federal,;State and City Governments. The Leasee.will not permit any violation of the Laws of the Commonwealth of I � I` I 1 � � •, _ rf� Massachusetts or the ordinances of the Town.k ofAgawam by any of its personn j 1, including but not limited to sexual harassment, vulgar language and hostile work environments nor will the Leasee permit any obnoxious or offensive business, trade or occupation to be carried on in said concession. D. Leasee and his employees shall comply with all state ethics laws. IX. INSPECTION BY THE LEASOR A. The Leasor by its authorized personnel, may enter upon the demised premises hereby leased exclusively to the Leasee at any time for any purpose necessary, incidental to or connected with the performance of the provisions of the Lease Agreement, or in the exercise of its government functions. 10 B. In all cases, the Leasee will offer employment and promotional opportunities to qualified applicants and employees without regard to race, color, religion, sex, age, sexual orientation or national origin. C. The Leasee will pay Federal and State minimum wages to those employees to whom the minimum wage laws apply. Those employees not covered by minimum wage laws will be paid a salary or wage based upon prevailing rates in the local market area according to value, quality and quantity or work performed. X. QUIET ENJOYMENT A. The Leasor covenants and, agrees that,.on payment of the rentals, charges, licenses and taxes herein provided for and the performance of the covenants and agreements�on the part of the Leasee to'be performed hereunder, the Leasee shall peaceably have and enjoy the leased premises., facilities and rights granted+herein term of this Lease Agreement. 1 XI[ SURRENDER OF POSSESSION -_ r A. The Leasee sh A ll not, at any tim, assign this Lease Agreement or any part hereof, nor shall the Leasee sublet the d,ised�premises or any part thereof, nor shall the Leasee grant any licenses or concession in connection with the demised premises, without the prior written consent of the Golf Course General Manager. B. The Leasee covenants and agrees that if the Leasee shall be adjudged bankrupt, or if a receiver shall be appointed to take charge of its business and property either in whole or in part, or either through voluntary or involuntary proceedings, or if any assignment is made by the Leasee for the benefit of creditors, or the Leasee shall permit said premises to become vacant or occupied, then upon the happening of any such events, all installments of rent for the entire Lease period shall become due and payable at the 11 option of the Leasor or its assigns, and upon demand of the Leasor or its assigns, the Leasee shall surrender complete and peaceable possession of the premises, waiving all other notice of every kind of description,but this provision shall not be constructed so as to prevent the Leasor from recovering damages that it may sustain for failure on the part of the Leasee to perform any of the covenants and agreements or conditions in this Lease that it agreed to perform, and if the Leasee shall so surrender possession, the Leasor shall make reasonable effort to re-let said premises on such terns as it shall deem best and apply the proceeds of such re-letting to the reduction of such rent, and the Leasee shall be V Vliable foi the balance. XI(I. MODIFICATIONS OR EXTENSIONS A. The Lease Agreement contains all understan`dings, covenants and agreements between the parties hereto,'and-the provisions herein contained shall be modified or amended only r _ i by written.agreemeni duly executed by-the Leasor and the Leasee. Except as herein provided,.the term of the Lease Agreement shall not be extended except upon advertisement and competitive bidding accomplished in compliance with the requirements of the Ordinances of the Town of Agawam. No waiver of default by the Leasor of any of the terms, covenants hereof to be performed, kept and observed by the Leasee shall be constructed as acting as a waiver of any subsequent default, and the acceptance of rent during or after a default shall not be deemed as a waiver of a right on the part of the Leasor. B.This Lease shall be executed in two counterparts, both of which shall have the force and effect of an original, but both counterparts together shall constitute one instrument. 12 Executed on the day and date as first set forth, above. TOWN OF AGAWAM PROFESSIONAL GOLF MANAGEMENT, INC. Mayor Authorized Official of Leasee Approved As To Form: Law Department CERTIFICATION As authorized agent of Professional Golf Management; Inc., in accordance with G.L. c. 62C,' §49A, I cert=fy under pains :and penalties ofperjury that, tv.the best of my knowjedge and belief, Professional Golf Management,Inc.has caused to be filed`a f.'kate tax returns and-paid all state taxes required by law. Federal Tax Identification Number Authorized Agent l_ 13 i APPENDIX A—INVENTORY OF TOWN OWNED EQUIPMENT Lower Concessions on 0 Floor: • Seventeen (17) Tables with Chairs • "R" Series Freezer • Grill • Hot Dog Steamer • Fryolator • Microwave • Small Pizza Oven • Stainless Steel Prep Area with Two (2) Cutting Tables • Five (5) High Storage Shelf • Beverage Air"R" Series Refrigerator ,• -Two (2) Beverage Coolers -- • Full Bar with Soda Fountain Hook-up + CoffeePause coffee makers + • Nine (9).seat bar �, E Upper Restaurant/Banqu'et Facility�(48' x 30' Interior with a 56' x 12' Enclosed Patio): • Walk-in Cooler f 1 i I • ; Walk-in Fredzer . 01i �. Manitowoc Ice Machine Commercial Dishwasher Unit �• Stainless Steel Prep Area , ! `• Stainless Steel Prep Area with Sink • Southbend Grill • Southbend Commercial Ovens • Panasonic Microwave • Auto-Sham • True Freezer • Three (3) High Top Bar Tables • Eleven Seat Bar • Stainless Steel Sinks with Fountain Set-up • True Beverage Cooler + Sixteen (16)Rectangular Tables with 64 Chairs • Men's & Women's Restrooms • Outdoor Patio with Eight Tables • Ceiling Fans • Sound System with Microphone All Town owned equipment shall be inspected and tested no later than seven (7) days after opening day of each year. 14 TR-2013-34 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A LEASE AGREEMENT BETWEEN THE TOWN OF AGAWAM AND PROFESSIONAL GOLF MANAGEMENT, INC. Sponsored by Mayor Richard A. Cohen Whereas, the Town owns the land known as the Agawam Municipal Golf Course in the Feedings Hills section of Agawam, Massachusetts; and Whereas, the Town requested proposals for the operation of the facilities; and Whereas,Professional Golf Management, Inc. has submitted a suitable proposal for the leasing of the second floor restaurant and first floor concessions; and Whereas, the request for proposals proposed a lease price of%2 of 1% of the Gross Monthly Sales; and Whereas, City Council approval is required to permit the Town to enter into a lease agreement with Professional Golf Management, Inc. for use of said property. NOW, THEREFORE, BE IT RESOLVED BY THE AGAWAM CITY COUNCIL that the Mayor is authorized to enter into a one-year lease agreement with optional renewable one-year terms with Professional Golf Management, Inc. for said use of the Agawam Municipal Golf Course Restaurant located in the Feeding Hills section of Agawam, Massachusetts. Dated this day of 12013. PER ORDER OF THE AGAWAM CITY COUNCIL Christopher C. Johnson, President jrjPR0 D A LFORM ND LEGALITY 0 d I 'VW *W1VMV9V Vincent ia, City Solicitor 331JA0 N8313 113H11{la REQUEST FOR PROPOSALS AGAWAM MUNICIPAL GOLF COURSE RESTAURANT FACILITIES LEASE ` Alad A �n DUE at 2:00 p.m., April 26, 2013 Office of the Mayor 36 Main Street Agawam, MA 01001 INTRODUCTION The Town of Agawam is seeking bids to operate its golf clubhouse food and beverage operations at the Agawam Municipal Golf Course commencing upon approval by the City Council and signed lease with an optional renewable one-year terms. Bids shall be received no later than 2:00 p.m. Friday, April 26, 2013 in the Office of the Mayor, 36 Main Street, Agawam, Massachusetts, 01001. Copies of this Request for Proposals may be obtained at said office. The Town reserves the right to reject any or all proposals, to waive informalities and to award in the best interest of the Town. A pre-bid walk through will be held on Friday, April 12, 2013 at 10:00 a.m. at Agawam Municipal Golf Course, 128 Southwick Street, Feeding Hills, Massachusetts 01030. MINIMUM ACCEPTABLE BID The selected candidate will provide the Town with 1/2 of 1% of the Gross Monthly Sales. Payment will be due within one week (7 days) of the completed month. A daily receipt of sales shall be submitted to the General Manager the following business day. The General Manager shall have the right to inspect, at any time and without notice, the receipt of sales. SITE INFORMATION The Town, acting through the Office of the Mayor is soliciting proposals for the lease disposition of a portion of a parcel with a building at 128 Southwick Street, Feeding Hills, Massachusetts. Address 128 Southwick Street, Feeding Hills, Massachusetts, 01030 Town of Agawam Assessor's parcel number K10132 and more particularly described in a deed recorded with the Hampden County Registry of Deeds in Book 1268, Page 494. The Present Restaurant Inventory available for use is described as follows: Lower Restaurant on 151 Floor: • Seventeen (17) Tables with Chairs • "R" Series Freezer • Grill • Hot Dog Steamer • Fryolator • Microwave • Small Pizza Oven • Stainless Steel Prep Area with Two (2) Cutting Tables • Five (5) High Storage Shelf • Beverage Air"R" Series Refrigerator • Two (2) Beverage Coolers • Full Bar with Soda Fountain Hook-up • Coffee Pause coffee maker • Nine (9) seat bar Page 2 of 15 Upper Restaurant/Banquet Facility(48' x 30' Interior with a 56' x 12' Enclosed Patio): • Walk-in Cooler • Walk-in Freezer • Manitowoc Ice Machine • Commercial Dishwasher Unit • Stainless Steel Prep Area • Stainless Steel Prep Area with Sink • Southbend Grill • Southbend Commercial Ovens • Panasonic Microwave • Auto-Sham • True Freezer • Three (3) High Top Bar Tables • Eleven Seat Bar • Stainless Steel Sinks with Fountain Set-up • True Beverage Cooler • Sixteen (16) Rectangular Tables with 64 Chairs • Men's & Women's Restrooms • Outdoor Patio with Eight Tables • Ceiling Fans • Sound System with Microphone The Town of Agawam retains ownership of all items listed above while the Proposer will be required to maintain all items throughout the life of the Lease and at termination all items shall be left in working order. INSTRUCTIONS TO PROPOSERS I. The Town of Agawam may cancel this RFP, in whole or in part, or may reject all proposals submitted in response, or may procure only some goods and/or services outlined in this RFP whenever such action is determined to be fiscally advantageous to the City or if it is otherwise in the best interest of the City. 2. The Town of Agawam may request that supplementary information be furnished to assure the City that a proposer has the technical competence, the business and technical organization, and the financial resources adequate to successfully promote the purpose the City has outlined for the building. 3. No forms are provided by the awarding authority except the Certificate of Non Collusion (Appendix A), the State Taxes Certification Clause (Appendix B), the price worksheet, which must be submitted with the proposal (Appendix C) and the Disclosure of Beneficial Interest (Appendix E). However, all proposals shall be in ink or typewritten and must be completed according to the instructions contained herein. Page 3 of 15 4. Questions or clarifications arising from these documents must be submitted to the Office of the Mayor in writing by either fax or mail to Office of the Mayor, 36 Main Street Agawam, Massachusetts, 01001 (F): 413-786-9927 (T): 413-786-0400 5. The proposer shall sign the proposal correctly in ink or in the case of an organization, firm; partnership or corporation, a person having the legal authority from said organization to sign the proposal will sign the document. 6. All proposals shall be submitted to the Mayor's Office,Town of Agawam,36 Main Street, Agawam, MA 01001, on or before Friday,April 26, 2013 at 2:00 p.m. the date and time stated in the "Legal Advertisement"- Appendix D. Each proposal shall be in a SEALED envelope, clearly marked on the outside of the envelope to indicate the contents, and the name and address of the proposer. 7. Proposers may correct, modify or withdraw the original proposals on or before the date and time as stated in the "Legal Advertisement". Corrections or modifications shall be in sealed envelopes, clearly marked to indicate the contents, with the name and address of the vendor. Any late correction or modification to the proposal will not be accepted. A proposer who wishes to withdraw a proposal must make a request in writing. 8. Each proposer shall be presumed to have read and be thoroughly familiar with these documents. Unfamiliarity with these documents shall in no way relieve any proposer from any obligation in respect to his/her proposal. 9. It is understood that the Vendor's Proposal to the Town of Agawam to provide said services and products will remain valid for 90 days past the submission deadline. 10. The proposer's attention is directed to the fact that all applicable state laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over this proposal/lease shall apply to the contract throughout, and they shall be deemed to be included in the contract the same as though herein written out in full. 11. It is understood that the proposer has submitted the Proposal in good faith and has not colluded with any other individuals, firms, or corporations in creating the proposal to subvert the market process. See Non-Collusion Certificate attached (Appendix A). 12. All costs involved in preparing the Proposal will be borne by the vendor; the City will not be liable for any costs associated with the creation of the Proposal. The proposer shall be familiar with all state, local and other laws relating to this type of work and shall obtain all permits required and shall pay all expenses for same. All proposals shall become the property of the Town of Agawam and shall be disclosed pursuant to public records laws. 13. Proposals, which are incomplete, conditional or obscure, will be rejected. No award will be made to any proposer who cannot satisfy the awarding authority that he/she has sufficient ability and sufficient capital to enable him/her to meet the requirements of these specifications. The awarding authority's decision or judgment on these matters shall be final, conclusive and binding. 14. Any proposal received after the date and time stated in the "Legal Advertisement"will be deemed "non-responsive"and shall not be opened. Unopened proposals will be returned to the proposer. 15. The evaluation of the Proposals will be conducted by a team/committee appointed by the Mayor. The judgment of the evaluators will be based upon the evaluation criteria set forth in this RFP and shall be final. Page 4 of 15 16. The Proposals will be opened on the date and at the time stated in the "Legal Advertisement" The name of the person or organization, submitting a proposal will be read and recorded along with the total price. The contents of all proposals will be opened public. A register of proposals will be completed indicating the name of the proposer and the number of proposal modifications submitted by each proposer. This register may be viewed upon request. The names of the witnesses will also be recorded. 17. Any contract resulting from this RFP shall be awarded to the proposer whose Proposal is deemed to be the most Highly Advantageous to the Town of Agawam. The City alone will be the sole judge in determining whether a vendor's proposal satisfies the requirements of this RFP and whether or not the Proposal will prove advantageous to the City. The selected vendor will be under contractual agreement to the City per the attached terms and conditions. 18. Response to this Request for Proposal acknowledges the vendor's acceptance of all sections and requirements of this document. The Request for Proposal will be written into the successful vendor's proposal as part of the system contract. IF THE VENDOR'S PROPOSAL DOES NOT COMPLY WITH THE REQUIREMENTS OF THIS REQUEST FOR PROPOSAL, OR IF AN ITEM IS NOT UNDERSTOOD IN ANYWAY, A COPY OF THAT SECTION OF THE REQUEST FOR PROPOSAL MUST THEN BE INCLUDED IN THE PROPOSAL AND ALL ITS COPIES CLEARLY STATING THE DEVIATION, ADDITIONS, OR OTHER COMMENTS. 19. M.G.L. c.7, §40J, requires disclosure of all beneficial interests in real property acquired or disposed of by a public agency. The selected proposer's disclosure of beneficial interests (Appendix E) must be filed with the Commissioner of Division of Capital Asset Management ("DCAM"). 20. The City makes no representations, expressed or implied, regarding the property except that problems may exist or arise. The City advises the prospective proposer to have his/her attorney examine the appropriate title as any buyer would. Proposer will take subject to any encumbrances, restrictions, easements, covenants, or conditions that may exist. 21. Final approval of a lease is subject to acceptance by City Council. KEY DATES FOR THIS PROPOSAL Monday,March 11, 2012 Request for Proposals Issued Friday,April 12, 2013 Pre-Bid Walkthrough @ 10:00 a.m. Friday, April 19, 2012 Last day to submit questions in writing concerning clarifications arising from the Request for Proposals Friday, April 26, 2012 Proposals Due No later than 2:00 p.m. Office of the Mayor 36 Main Street Agawam, MA 01001 Page 5of15 GENERAL REQUIREMENTS The property will be leased to the selected proposer under the terms of the attached Lease Agreement. All maintenance of the building will be the responsibly of the Lessee. Lessee will be required to show proof of insurance for building and grounds. Any development must conform to all building and zoning requirements and/or ordinances of the Commonwealth of Massachusetts and the Town of Agawam. Should the proposer be granted permission by the City to perform any testing on the property at the sole cost of the proposer, the proposer shall hold harmless the City for any loss or damage arising from such testing. The City reserves the right to reject any and all proposals for any reason at its sole discretion, to negotiate the terms and conditions of the eventual lease agreement, and to impose additional requirements; if necessary. The contents of this RFP are for informational purposes only and the representations made herein, though thought to be accurate, are without warranty. Proposers should rely exclusively on their own due diligence. BIDDER QUALIFICATIONS 1. The successful BIDDER must submit proof of performance from past and present clients. 2. The successful BIDDER must submit evidence of experience in organizing, planning and coordinating the activities needed to provide food and beverage services for breakfast, lunch, barbecues, clam bakes and other banquet type functions, 3. The successful BIDDER must submit evidence that they have the necessary equipment, fixtures and trained staff to handle the food and beverage needs of the AGAWAM MUNICIPAL GOLF COURSE. 4. The successful BIDDER must submit evidence of having a high credit rating with suppliers and access to food preparation and storage facilities. 5. The successful BIDDER must submit evidence of insurability including produce and liquor liability insurance. They must show evidence of workmen's compensation insurance. Liquor liability insurance must be a minimum of$500,000. 6. The successful BIDDER must submit evidence of accountability through its financial records including sales reports. 7. The successful BIDDER must submit evidence to indicate a policy exists for recruiting, selecting, training and evaluating employees. 8. The successful BIDDER must submit evidence that all employees have recent training in Page 6 of 15 sanitary food handling practices. All employees shall be tested including but not limited to a Mantoux Test. 9. The successful BIDDER must submit evidence that they have the capability to operate the restaurant at the AGAWAM MUNICIPAL GOLF COURSE. 10. The successful BIDDER has the exclusive right to serve all food and beverages at the AGAWAM MUNICIPAL GOLF COURSE. 11. The successful BIDDER will be responsible for the maintenance and upkeep of the lavatories including but not limited'to periodic preventative maintenance and repair. The successful BIDDER will be financially responsible for all cleaning materials, paper towels and toilet paper. 12. The successful BIDDER must submit a suggested menu and a list of food and beverages. They must also submit a list of any other items to be sold and prices to be charged for review and approval by the GENERAL MANAGER. 13. The successful BIDDER shall be the manager/principal food service worker at the restaurant, the successful BIDDER may appoint/hire someone to fulfill that position in his/her contract. Written notification must be given to the GENERAL MANAGER before opening day as to who the manager or appointee will be, including addresses and phone numbers where they may be reached. 14. Any and all employees shall be required to pass an annual CORI administered by the Town. The Town reserves to right to require any employee who fails said CORI to be removed from employment of the Proposer. 15. The manager or designee shall be on duty at the Restaurant at least thirty-five (35) to forty (40) hours per week. 16. Any and all modifications, alterations and additions to the Leased premises shall be submitted in writing to the GENERAL MANAGER for his prior approval. 17. The successful BIDDER shall acquire, at his/her own expense,all licenses, permits, etc., required by the local municipality, the Town of Agawam and all other applicable and necessary leases including a liquor license with the Town of Agawam. The Town shall remain the holder of the liquor license for the premises. 18. The successful BIDDER shall lease, from the Town of Agawam, a Beverage Cart for the season. The season shall consist of the six months of May through October. The estimated cost of the Beverage Cart is $500.00 per month with payment to be made the first of each month to the Town, (ALL ITEMS STATED MUST BE SUBMITTED WITH THE BID FORM) Page 7of15 SELECTION CRITERIA The Mayor or any group the Mayor may appoint will evaluate each proposal against the criteria listed below and rate the relative merits of each as Highly Advantageous (HA), Advantageous (A), Not Advantageous (NA) or Unacceptable (U). 1. Food & Beverage Sales Experience— It is a good indicator of the success of the proposer if the proposal includes documentation of successful performance in operating a food and beverage business. A minimum of five years' experience is required. (HA) The proposal includes documentation of ten or more years' experience and successful operation of a business or concession selling food and beverages to the public in a situation similar to the Agawam Municipal Golf Course. (A) The proposal includes documentation of more than five but less than ten years' experience and successful operation of a business or concession selling food and beverages to the public in a situation similar to the Agawam Municipal Golf Course. (NA) The proposal includes documentation of five years' experience and successful operation of a business or concession selling food and beverages to the public in a situation similar to the Agawam Municipal Golf Course. (U) The proposal fails to include documentation of at least five years' experience and successful operation of a business or concession selling food and beverages to the public in a situation similar to the clubhouse. 2. Golf Course Experience to A Municipality—Experience working in or in management of public golf course programs, including in the clubhouse, pro-shop, golf course maintenance, or restaurant similar to the Agawam Municipal Golf Course is desirable in the proposer. (HA) The proposal includes documentation of then or more years' experience in managing or working in a golf course clubhouse operation similar to the Agawam Municipal Golf Course or equivalent. (A) The proposal includes documentation of more than five but less than ten years' experience in managing or working in a golf course clubhouse operation similar to the Agawam Municipal Golf Course or equivalent. (NA) The proposal includes documentation of five or less years' experience in managing or working in a golf course clubhouse operation similar to the Agawam Municipal Golf Course or equivalent. Page 8 of 15 BID SIGNATURES PAGE Signature for Individual Name of Company Telephone Number Name and Title of Individual Fax Number Authorized to Sign Signature Date Signature for Partnerships (must be signed by ALL general partners) Name of Partnership Date Name and Title of Partner Signature Name and Title of Partner Signature Name and Title of Partner Signature Telephone Number Fax Number of Company Offices Page 9 of 15 BID SIGNATURES PAGE CONTINUED Signatures for Corporation Name of Corporation Date Printed Name and Title of Duly Signature Authorized Company Officer Corporate Seal (affix below) Telephone Number Fax Number E-Mail Address FID Number Signature of Clerk Please furnish the following additional information: Incorporated in what state? President: Treasurer: Secretary: If you are a foreign (out of state)corporation, are you registered with the Secretary of the Commonwealth in accordance with the provisions of M.G.L. Chapter 156D § 15.03? If you are selected for this work, you are required, under M.G.L. Chapter 30 §391, to obtain from the Secretary of State, Foreign Corporation Section, a certificate stating that your corporation is registered, and to furnish said certificate to the Town of Agawam before award. Page 10 of 15 Appendix A TOWN OF AGAWAM CERTIFICATE OF NON-COLLUSION The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification the word "person" shall mean any natural person, business, partnership, corporation, union, committee, club or other organization,entity,or group of individuals. FIRM SIGNATURE ADDRESS NAME(print} TITLE TELEPHONE DATE Page l 1 of 15 Appendix B TOWN OF AGAWAM STATE TAXES CERTIFICATION CLAUSE I certify under the penalties of perjury that I, to my best knowledge and belief, have filed all state tax returns and paid all state taxes under law. By: * Signature of individual or Corporate Officer Corporate Name(Mandatory) (Mandatory, if applicable) **Social Security# (Voluntary) or Federal Identification# * Approval of a contract or other agreement will not be granted unless the applicant signs this certification clause. ** Your Social Security Number will be furnished to the Massachusetts Department of Revenue to determine whether you have met tax filing or tax payment obligations. Providers who fail to correct their non-filing or delinquency will not have a contract or other agreement issued, renewed or extended. This request is made under the authority of Mass. G.L. 62C s. 49.A. Page 12 of 15 Appendix C Price Proposa1 — 128 Southwick Street #1 Pricing Structure—Fixed Costs Yearly Lease Price of 128 Southwick Street Y of 1% of Gross Sales Monthly The undersigned agrees to abide by the terms and conditions of this pricing sheet and fully understands the obligations they are making to the Town of Agawam by signing this form. Company Authorized Signature Name and Title Date Page 13 of 15 Appendix D LEGAL ADVERTISEMENT REQUEST FOR PROPOSALS TOWN OF AGAWAM The Town of Agawam, Massachusetts, is offering an opportunity to lease a publicly owned parcel located at 128 Southwick Street for the purposes of operating a restaurant. Specifications may be received at, and proposals are to be sent to Mayor's office, 36 Main Street, Agawam, MA 01001. Proposals must be clearly marked on the outside of envelope: "Lease of Restaurant - RFP 128 Southwick Street." All proposals must be in the Mayor's Office no later than Friday, April 26, 2013 @ 2:00 p.m. No proposals will be accepted after the above stated date and hour. The Town of Agawam reserves the right to accept or reject any or all proposals if it appears to be in the public interest to do so. The Town of Agawam is an affirmative action/equal opportunity employer (M/F/H) which encourages utilization of minority and women owned enterprises. Richard A. Cohen Mayor Sunday Republican 3/ 17/2013 t (4I3)788-I301 Agawam Advertiser 3/ 14/2013 (4I3)289-1977 Central Register 3/20/2013 Page 14 of 15 Appendix E Beneficial Interest Disclosure Statement ACQUISITION OF REAL PROPERTY BY THE COMMONWEALTH OF MASSACHUSETTS For sale of Real Property to the Commonwealth of Massachusetts the undersigned does hereby state, for the purposes of disclosure pursuant to Massachusetts General Laws,Chapter 7, Section 40J (a copy of which is attached hereto),of a transaction relating to real property as follows: (1)REAL PROPERTY: The parcel of land,containing approximately of land located at ,City of Westfield,County of Hampden,Commonwealth of Massachusetts,conveyed or to be conveyed to The Commonwealth of Massachusetts,acting by and through its Division of Capital Asset Management and Maintenance,on behalf of the Administrative Office of the Trial Court. (2)TERM: Lease (3)SELLER: (4)Names and addresses of all persons who have or will have a direct indirect beneficial interest in the property as Seller(attach additional sheets if necessary). NAME RESIDENCE ADDRESS (5)None of the above-mentioned persons is an employee of the Division of Capital Asset Management and Maintenance or an official elected to public office in the Commonwealth,except as listed below. Signed under the penalties of perjury, By: DATE: NAME: TITLE: Hereunto Duly Authorized Page 15 of 15 JPGM Professional Golf Management April 24, 2013 On behalf of PROFESSIONAL GOLF MANAGEMENT Inc., I respectfully submit the following technical proposal to operate the food and beverage concessions at the Agawam Municipal Golf Course for the 2013 golf season. Currently, PGM is managing the entire golf operation at Westover Golf Course in Ludlow, Massachusetts, and in this role we have shared in the operational and financial successes with the Town of Ludlow. It is our goal to thoughtfully and carefully increase our management opportunities locally, and feel this opportunity with the Town of Agawam, and Agawam Municipal Golf Course is an exceptionally great fit. We look forward to the opportunity to meet and exceed the customers expectations on a daily basis by providing a wonderful food and beverage experience that will add to the golf operations excellent reputation. It is our belief at PGM that attention to detail, while consistently exceeding the customers' expectations on a daily basis is paramount to quality service, and an invaluable reputation. These are our driving principles that lead to satisfied customers, and is the key to repeat play. In the proposal that follows, I have provided all of the required documents and look forward to hearing from you. Sincerely, Bill Kubinski, President GG Professional Golf Management 76 Bartlett Ave. Wilbraham,Massachusetts 01095 PROFESSIONAL GOLF MANAGEMENT P.O. Box 363 • Ludlow, Massachusetts 01056 Golf Shop: (413) 547-8610 • Fax: (413) 610-0109 JPGM Professional Golf Management Table pL Contents Bid Signatures Page...............................................................page 1 Bid Signatures Page continued..................................................page 2 Certificate of Non-Collusion.................................................... page 3 State Taxes Certification Clause-Appendix B..................................page 4 Price Proposal-Appendix C......................................................page 5 Legal Advertisement-Appendix D.................... ........................page 6 Beneficial Interest Disclosure Statement.......................................page 7 Business Owners Insurance Policy..............................................page 8 Liquor Liability Insurance Policy................................................page 9 Workers Compensation Policy...................................................page 10 List of Vendors and Accounts...................................................page 11 State Sales and Use Certificate...................................................page 12 State Meals and Beverage Certificate...........................................page 13 PGM Food and Beverage sales for 2012.......................................pages 14-21 Sample 19th Hole Menu and Banquet Menu.......................................page 22 PROFESSIONAL GOLF MANAGEMENT P.O. Box 363 • Ludlow, Massachusetts 01056 Golf Shop: (413) 547-8610 • Fax: (413) 610-0109 BID SIGNATURES PAGE Signature for Individual Las& �a�v► t 6) Name of Company Telephone Number Name and Title of Individual Fax Number Authorized to Sign ignature Date Signature for Partnerships (must be signed by ALL general partners) Name of Partnership Date Name and Title of Partner Signature Name and Title of Partner Signature Name and Title of Partner Signature Telephone Number Fax Number of Company Offices Page 9of15 BID SIGNATURES PAGE CONTINUED Signatures for Corporation Name of Corporation Date Printed Name and Title of Duly ature Auth rized Company Officer Corporate Seal (affix below) (IM-15) ;L.1- So55 Telephone Number (A,rj _ G\Zj - DWAn Fax Number E-Mail Address ao� \xg FID Number Signature of Clerk Please furnish the following additional information: Incorporated in what state? A�f�CJ���SE"CTS_ President: Treasurer: 4yc' Secretary: _ �`� Y\Mot�,x)s'vc'.__ —, If you are a foreign (out of state) corporation, are you registered with the Secretary of the Commonwealth in accordance with the provisions of M.G.L. Chapter 156D§ 15,03? If you are selected for this work, you are required, under M.G.L. Chapter 30 §391, to obtain from the Secretary of State, Foreign Corporation Section, a certificate stating that your corporation is registered, and to furnish said certificate to the Town of Agawam before award. Page 10 of 15 1 Appendix A TOWN OF AGAVI'AM CERTIFICATE OF NON-COLLUSION The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification the word "person" shall mean any natural person, business, partnership, corporation, union, committee, club or other organization, entity, or group of individuals. FIRM c e��S:n�.g.�_�eL�_ 1"1P.1.�A�i �S SIGNA ADDRESS 6 NAME(print) W'.t�rc.�.y.,N. 1 lY wl• C�4`tS TITLE S)t k5 TELEPHONBCAP)� _aL.1"5�5 - - DATE Page 11 of 15 Appendix B TOWN'OF AGAWAM STATE TAXES CERTIFICATION CLAUSE I certify under the penalties of perjury that I, to my best knowledge and belief, have filed all state tax returns and paid all state taxes under law. By: ►\\ * Signature of individual or Corporate Officer Corporate Name (Mandatory) (Mandatory,if applicable) **Social Security#(Voluntary) or Federal Identification# * Approval of a contract or other agreement will not be granted unless the applicant signs this certification clause. ** Your Social Security Number will be furnished to the Massachusetts Department of Revenue to determine whether you have met tax filing or tax payment obligations. Providers who fail to correct their non-filing or delinquency will not have a contract or other agreement issued renewed or extended. This request is made under the authority of Mass. G.L. 62C s. 49.A. Page 12 of IS Appendix C Price Proposal — 128 Southwick Street #1 Pricing Structure—Fixed Costs Yearly Lease Price of 128 Southwick Street of 1% of Gross Sales Monthly The undersigned agrees to abide by the terms and conditions of this pricing sheet and fully understands the obligations they are making to the Town of Agawam by signing this form. Company mca �Ot-.r- t4w�q�-4 Authorized Signature Name and Title Date Page 13ofIS Appendix D LEGAL ADVERTISEMENT REQUEST FOR PROPOSALS TOWN OF AGAWAM The Town of Agawam, Massachusetts, is offering an opportunity to lease a publicly owned parcel located at 128 Southwick Street for the purposes of operating a restaurant. Specifications may be received at, and proposals are to be sent to Mayor's office, 36 Main Street, Agawam, MA 01001. Proposals must be clearly marked on the outside of envelope: "Lease of Restaurant - RFP 128 Southwick Street." All proposals must be in the Mayor's Office no later than Friday, April 26, 2013 @ 2:00 p.m.. No proposals will be accepted after the above stated date and hour. The Town of Agawam reserves the right to accept or reject any or all proposals if it appears to be in the public interest to do so. The Town of Agawam is an affirmative action/equal opportunity employer (M/F/H) which encourages utilization of minority and women owned enterprises. Richard A. Cohen Mayor Sunday Republican 3/ 17/2013 (413) 788-130I Agawam Advertiser 3 / 14/2013 (413)289-I977 Central Register 3/20/2013 Page 14 of 15 t Appendix E Beneficial Interest Disclosure Statement ACQUISITION OF REAL PROPERTY BY THE COMMONWEALTH OF MASSACHUSETTS For sale of Real Property to the Commonwealth of Massachusetts the undersigned does hereby state, for the purposes of disclosure pursuant to Massachusetts General Laws,Chapter 7,Section 40J(a copy of which is attached hereto), of a transaction relating to real property as follows: (1) REAL PROPERTY: The parcel of land,containing approximately of land located at ,City of Westfield, County of Hampden,Commonwealth of Massachusetts, conveyed or to be conveyed to The Commonwealth of Massachusetts,acting by and through its Division of Capital Asset Management and Maintenance,on behalf of the Administrative Office of the Trial Court. (2)TERM: Lease (3)SELLER: (4)Names and addresses of all persons who have or will have a direct indirect beneficial interest in the property as Seller(attach additional sheets if necessary). NAME RESIDENCE ADDRESS (5)None of the above-mentioned persons is an employee of the Division of Capital Asset Management and Maintenance or an official elected to public office in the Commonwealth,except as listed below. Signed under the penalties of perjury. DATE: NAME'__ \ v j� r�S�L:• TITLE: Hereunto Duly Authorized Page 15 of 15 commerce INSURANCE" Direct Bill QA MAPFRE COMPANY Business Owners Policy New Business Declaration Pl[3;�[ t BDSG PR'I Caroration E-.'t dJI9LRfflVWJ THE COMMERCE INSURANCE COMPANY E # 08 30 12 P,o�CR ;1od= + From 08/30/12 to 08/30/13 p► ._ H61 aedilt `iandMajtin "ctdres5e,.. + '"erit�Na'�ne avtttciress; " PROFESSIONAL GOLF LEITAO INSURANCE AGENCY, INC. MANAGEMENT INC 564 CENTER STREET PO BOX 363 LUDLOW, MA 01056 LUDLOW, MA 01056 In return for the payment of the premium and subject to all terms of this policy, we agree with you to provide the insurance as stated in this policy. ;� �' ,C�VEREt}t KOCA�IQN{S� Loc# Bld # Street City SF Zip-Code 1 1 SOUTH STREET GRANBY MA 01033 1 2 SOUTH STREET (CLUB ROUSE) GRANBY MA 01033 if; v1 :a _ Building/Personal Property Deductible: $500 Optional,Coverage/Glass Deductible: $500 Loc# I Bld # JPrograrn Building_ Auto Incr I Personal Pro a Valuation I Bus Inc Premium 1 1 ' Mercantile 4% $25,000 RC INCL $593 1 2 Mercantile 4% $10,000 RC INCL $305 11` `Blf T�YsAN�3iVIEOtCAL _ NSf=S Except for Damage To Premises Rented To You, each paid claim for the following coverages reduces the amount of insurance we provide during the applicable annual period. Please refer to Section 11, Paragraph DA. of the Businessowners Coverage Form. Gouge Limits of Insurance Premium Liability and Medical Expenses $1,000,000 Per Occurrence (INCL,) Medical Expenses $5,000 Per Person (INCL.) Damage to Premises Rented to You $100,000 Any One Premises : " PREMIU x M as y f . Advanced Anny6l F remium: $1,307 Additional/Return Premium: Authorized R res ntat' . 09/10/12 Page 1 Insured Co V211 The Commerce Insurance Company Main Street Webster, MA 01570 1 508-943-9000 1 www.commerceinsurance.com Direct Bill Business Owners Policy New Business Declaration F AIN i LBDSGOP #. Ca oration THE COMMERCE INSURANCE COMPANY X -TRI.,, 0$ 30 12 From 08/30/12 to 08/30/13 H61 M'�#NUAT4��i�Y„�F�. S�l�filD ENt�4R5 ,�fNTS Form# Ed DWg Form/Endorsement BP-0003 07-02 BUSINESSOWNERS COV FORM BP-0108 07-02 MASS AMENDATORY END'T BP-0501 07-02 CALCULATION OF PREMIUM BP-0514 01-03 WAR LIABILITY EXCLUSION CIC-2022 12-05 'EQUIPMENT BREAKDOWN COV BP-0417 07-02 EMPLOYMENT RELATED BP-0419 07-02 LIQUOR LIABILITY EXCLUS l P,OLIY,LEYEI, Form# Ed Date Coverage 't o ur rice erg EMPLOYEE DISHONESTY $10,000 MONEY AND SECURITIES $10,000 INSIDE PREMISES $5,000 OUTSIDE PREMISES VALUABLE PAPERS AND RECORDS $25,000 $113 ACCOUNTS RECEIVABLE $25,000 $70 BP-0524 01-08 EXCL OF CERT TERR B.2. Fire Exception: MA BP-0578 11-02 LTD FUNGI/BACT (LIAR) $100,000 AGGREGATE C-080 09-06 LTD FUNGI OR BACTERIA $15,000 C-093 07-08 MOBILE EQUIPMENT C-113 12-08 IDENTITY THEFT SERVICES 4.rQC 'l l'NJ_L'G,Y, tr1:r'\J L# 8# Form# Ed Date Coverage LLrnft Premium 1 1 BP-0410 07-02 ADDT'L INSURED-OTHER INT. PREMS: SOUTH STREET GRANBY MA 01033 INSRD: TOWN OF LUDLOW 488 CHAPIN ST LUDLOW MA 01056 1 1 BP-1203 07-02 LOSS PAYEE OR MORTGAGEE PAYEE: ARGRICREDIT ACCEPTANCE LLC PROV: B PO BOX 3000 JOHNSTON MA 50131-0300 PROP: 1 I CIC-1070 12-03 PER LOCATION AGGREGATE SEE FORM $16 1 1 CIC-952 12-09 ENHANCER SEE FORM $28 09/10/12 Pa @ 2 CI- 1169504C *** RENEWAL CERTIFICATE -Customer Copy Renewal of Number POLICY DECLARATIONS United States Liability Insurance Company 1190 Devon Park Drive,Wayne,Pennsylvania 19087 No. CL 1 169504D A Member Company of United States Liability Insurance Group This policy is insured by a company which is not admitted to NAMED INSURED AND ADDRESS: transact insurance in the commonwealth, is not supervised by the commissioner of insurance and, in the event of an insolvency of PROFESSIONAL GOLF MANAGEMENT, INC. such company, a loss shall not be paid by the Massachusetts P. O. BOX 363 Insurers Insolvency Fund under chapter 175D. LUDLOW, MA 01056 POLICY PERIOD: (MO. DAY YR) From: 05/02/2012 To: 05/02/2013 12:01 A,M.STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE FORM OF BUSINESS: Corporation BUSINESS DESCRIPTION: Concessionaire rj0 TH,1,SOLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED, REMIUM MAY BE SUBJECT TO ADJUSTMENT. PREMIUM Liquor Liability Coverage Part $1,562.00 Wholesaler Broker Fee $50.00 Surptus Lines Tax $62.48 TOTAL: $1,674.48 Coverage Form(s) and Endorsement(s) made a part of this policy at time of issue See Endorsement.EOD (1195) Agent: COWLES&CONNELL INC.(MA)(1503) Issued: 4/11/2012 85 Post Office Park,Suite 8517 Wilbraham,NIA 01095 Broker: Leitao Insurance Agency, Inc. By: 564 Center Street Authorized Represe ati e PO Box 557 Ludlow, MA 01056 THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS,COVERAGE PART DECLARATIONS,COVERAGE PART COVERAGE UPC (08-07) FORM(S)AND FORMS AND ENDORSEMENTS,IF ANY,ISSUED TO FORM A PART THEREOF,COMPLETE THE ABOVE NUMBERED POLICY. LIQUOR LIABILITY COVERAGE PART DECLARATIONS Policy No. CL 1169504D Effective Date: 05/02/2012 12:01 AM STANDARD TIME �. a t i .r� a " uS E !..<„ a^+! zr 'u�dR .,,� ua ti �w.es♦,x w:dT` +Y r , •.1 LIMITS OF'INISURANCE t i iaY _n ...�.t. .. +' '?tom. :!^. r, Liquor Per Person Limit $1,000,000 Liquor Per Accident Limit $1,000,000 "Ligpulor Aggregate Limit $1,000,000 I31` :Y�:'„(11 it aN'd yf Y?r'i-.G? ♦,-i rirw •rr'J` h +� +fkSk "r= 3• .... :lLlb u,T=1'IDEDUCTIBLE .i rgr�r' ,c,�� $o�' �._.... w r. bYLOCA{TION__S'OF ALL`i?RI=M_!SE_S' OU_0_Wlil'RENT�OR'OCG_IIPY ''� ;'' r"°'ug }%�w �"r" x�"'�` � vt ''�( "" P,y �1 T� :�.... .max_ _�.' ��.. _� ..+1... ..iJ,' rr '•:'tr Y{'� CdY,r�S: ,.•`t rat,tr.�i. ctC.� .4.�.T. :ri:€+nS� Tix� �"' :a,i� Location Address Territory 1 181 South Street (Westover Golf Course), Granby, MA 01033 017 It r Z Vi -��; r 'ti M'K"ti wl� a rt+u n• r n'atij ia'.' ! Fa''rrta• 3, 'r .PREMIUM-COMP Rate Advance Premium Loc Classification Code No, Premium Basis Pr/Co Alt Other Pr/Co All Other 1 Miscellaneous Liquor Operation 00034 1 Liquor Receipts NIA 1.642 NIA $1,562 MINIMUM PREMIUM FOR LIQUOR LIABILITY COVERAGE PART: $1,105 TOTAL PREMIUM FOR LIQUOR LIABILITY COVERAGE PART: $1,562 (This Premium maybe subject to adjustment.) MP-minimum premium Coverage Form(s)/Part(s)and Endorsement(s)made a part of this policy at time of issue: See Form EOD(01/96) THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD. Includes copyrighted material of ISO Commercial Risk Services, Inc„with its permission, LQ 150 (02109) Copyright, ISO Commercial Risk Services, Inc., 1983, 1984, 1988 Page 1 Of 1 WORKERS COMPENSATION AND EMPLOYERS' LIABILTY INSURANCE POLICY -- INFORMATION PAGE INSURER: POLICY NO: WE077337A NORFOLK & DEDHAM MUTUAL FIRE INSURANCE COMPANY 222 AMES STREET RENEWAL DEDHAM, MA 02026 NCCI Company No: 21059 Account No: FEIN: 20-88 34 17 9 ITEM 1. 'NAMED INSURED AND MAILING ADDRESS: AGENT NAME AND ADDRESS: PROFESSIONAL GOLF MANAGEMENT INC NUMBER ONE INS AGCY, INC P O BOX 363 C/O LEITAO INSURANCE LUDLOW MA 01056 AGENCY, INC. 564 CENTER STREET, PO BOX 557 LUDLOW, MA 01056 AGENT NO.: 20001LEI LEGAL ENTITY: CORPORATION OTHER WORKPLACES NOT SHOWN ABOVE: (See Workers Compensation Classification Schedule) ITEM 2. POLICY PERIOD: From: 04/13/2013 To: 04/13/2014 Effective 12:01 A.M. Standard Time at the Insured's mailing address. ITEM 3. COVERAGE: A. Workers Compensation Insurance: Part One of the policy applies to the Workers Compensation Law of the states listed here: MA B. Employers' Liability Insurance: Part Two of the policy applies to work in each state listed in Item 3.A. The limits of liability under Part Two are: Bodily Injury by Accident: $ 100, 000 each accident Bodily Injury by Disease: $ 500 , 000 policy limit Bodily Injury by Disease: $ 100, 000 each employee C. Other States Insurance: Part Three of the policy applies to the states, if any, listed here: SEE ENDORSEMENT WC 20 03 06 A D. This Policy includes these Endorsements and Schedules: See Schedule of Forms and Endorsements. ITEM 4. PREMIUM: The premium for this Policy will be determined by our Manuals of Rules, Classifications, Rates and Rating Plans. All information required on the Workers Compensation Classification Schedule is subject to verification and change by audit. Total Estimated Minimum Premium: $ 219 Annual Premium: $ 1, 684 Audit Period: ANNUAL Additional/Return Premium: Comments Issued At: Date: 03/04/2 013 Countersigned by WC 00 00 01 A Copyright 1997 National Council on compensation Insurance INSURED COPY JPGM Professional Golf Management City Line Food Distributors- (203) 931-3707 Acct. #98230 Thomsen Foodservice Supply- (401) 431-2190 Acct. #908610 Williams Distributing- (413) 594-4900 Acct. #14670 Coca-Cola of New England- (800) 525-3788 Acct. #2952807 Commercial Distributing- (413) 562-9691 Acct. #3536 Horizon Beverage- (413) 583-7845 Acct. 9109436 United Liquors- (800) 862-4585 Acct. 9619191 Charter Communications- (800) 314-7195 Acct. #8350130010243032 PROFESSIONAL GOLF MANAGEMENT P.O. Box 363 • Ludlow, Massachusetts 01056 Golf Shop: (413) 547-8610 - Fax: (413) 610-0109 Massachusetts Depiiirtnnent of Revenue ST-1 Customer Service Bureau PO Box 7010 Boston, MA 02204 SALES AN75E igffi#i6 N —G .... ..... The vendor herein named is registered to sell tangible personal property at retail or for resale, pursuant to the General Laws, Chapters 62C, 64H and 641. This registration is effective only for the registrant at the location specified herein. Any change of name or address must be reported to the Department of Revenue so that a correct ST-1 can be issued. IMMFICA'1710N PROFESSIONAL GOLF MANAGEMENT INC NUMBER PROFESSIONAL GOLF MANAGEMENT INC 208-834-179 WESTOVER GOLF COURSE 181 SOUTH ST LUDLOW MA 01056 ISSUE DATE 01/01108 This registration must be displayed for customers to see and is not assignable or transferable. COMMISSIONER OF REVENUE Massachusetts Department of Revenue MT-1 Customer Service Bureau PO Box 7010 Boston, MA 02204 M 'RA"..10 ............ :ZE ALE EVEGt �t'�ANQP TAR. g: The vendor herein named is registered to sell meals and beverages pursuant to the General Laws, Chapters 62C and 64H. This registration is effective only for the registrant at the location specified herein. Any change of name or address must be reported to the Department of Revenue so that a correct MT-1 can be issued. IDENTIFICATION PROFESSIONAL GOLF MANAGEMENT INC NUMBER PROFESSIONAL GOLF MANAGEMENT INC 208-834-179 WESTOVER GOLF COURSE 181 SOUTH ST LUDLOW MA 01056 !SSUE DATE 05/05/07 This registration must be displayed for customers to see and is not assignable or transferable. COMMISSIONER OF REVENUE The Official Webslte of the Massachusetts Department of Revenue ate,. .Department of Revenue WebFhe for Business �. Home = File and Pay View Tax History/Activity ` Submit Reports Manage Registration Manage Account Log OH File Return Hide Column P .01 ATttis return can not be edited. Your Company PROFESSIONAL GOLF 2013 Meals Tax Monthly MANAGEMENT INC PROFESSIONAL GOLF MANAGEMENT INC Period End Date 208834179 208834179 LUDLOW,MA 01056 3/31/2013 1 A. Gross receipts from the sale of meals, Incl.food&nonalcoholic beverages(do not include non-alcoholic beer) 1536.98Return to my home 1 B. Gross receipts from the sale of alcoholic beverages(including non-alcoholic beer) 0.00 Make tax payments Report wages paid to employees 1.Gross receipts from the sale of meals,incl.food&beverages 1536.98 for the quarter Report new hire Information 2.Total charged for tax exempt meals 0.00 Add,update,delete or change passwords for authorized 3.Total taxable receipts(line 1 minus line 2) 1536.98 administrators of my account Review,update or close account State tax rate 0.0625 information 4A. State tax due(line 3 multiplied by state tax rate) 96.06 1.��'�` ��f Local tax rate 0.0075 Site Index 413. Local tax due(line 3 multiplied by local tax rate) 11.53 Contact Us 5.Total amount due 107.59 Continue (Q 2013 Commonweatth of Massachusetts Web Browsers Contact Us Site Policies lersion-0.0.0.0 nPF version-1.0,4757.24310 ittps://wfb.dor,state,ma.us/webfile/Business/private/WebForms/TaxForrns/TO 13 8Y2009V 1 FMForm.aspx?r... 4/25/201: The Official Websrte of the Massachusetts Department of Revenue Department of Revenue I ram�n,V! WebRe for Business }come File and Pay View Tax History/Activity Submit Reports Manage Registration Manage Account Log Off ? File Return Hide column ► I AThis return can not be edited. Your Company PROFESSIONAL GOLF 2012 Meals Tax Monthly MANAGFMENT INC PROFESSIONAL GOLF MANAGEMENT INC Period End Date 208834179 208834179 LUDLOW,MA 01056 11130/2012 1 IA.Gross receipts from the sale of meals,incl.food&non-alcoholic beverages(do 1, not include non-alcoholic beer) 7867.53 Return to my home 1B.Gross receipts from the sale of alcoholic beverages(including non-alcoholic beer) 0.00 Make tax payments Report wages paid to employees 1.Gross receipts from the sale of meals,Incl.food&beverages 7867.53 For the quarter Report new hire information 2.Total charged for tax exempt meals 0.00 Add, update,delete or change Passwords for authorized 3.Total taxable receipts(line t minus line 2) 7867.53 administrators of my account Review,update or close account State tax rate 0.0625 information 4A.State tax due(fine 3 multiplied by state tax rate) 491,72 Local tax rate 0.0075 Site Index 413.Local tax due(line 3 multiplied by local tax rate) 59.01 Contact Us 5.Total amount due 550.73 Continue Q 2013 Commonwealth of Massachusetts web Browsers Contact us site Polldes �rs.ion-C.0.0.0 DPP Version-1.0.4757.24318 ittps://wfb.dor.state.ma.us/webfile/Business/private/WebForms/TaxForms/T0138Y2009V 1 FMFOrm.aspx?r... 4/25/201. The Official Website of the Massachusetts Department of Revenue ! - tIi . - Rlke�venue t r�rsr- 1 Homo File and Pay View Tax History/Activity Submit Repoits 't Manage Registration Manage Account Log Off File Return Hide Column / AThis return can not be edited. Your Company PROFESSIONAL GOLF 2012 Meals Tax Monthly MANAGEMENT INC PROFESSIONAL GOLF MANAGEMENT INC Period End Date 208834179 208834179 LUDLOW,MA 01056 10/31/2012 1A.Gross receipts from the sale of meals,incl.food&non-alcoholic beverages(do i.!Ewl not include nonalcoholic beer) 6094.16 Return to my home 1$.Gross receipts from the sale of alcoholic beverages(incl u ding non-alcoholic beer) 8146.95 Make tax payments Report wages paid to employees 1.Gross receipts from the sale of meals,incl.food&beverages 14241.11 for the quarter Report new hire information 2.Total charged for tax exempt meals 0.00 Add,update,delete or change passwords for authorized 3.Total taxable receipts(line 1 minus line 2) 14241.11 administrators of my account Review,update or close account State tax rate 0.0625 information 4A.State tax due(line 3 multiplied by state tax rate) 890.07 Local tax rate 0.0075 � Site index 413. Local tax due(line 3 multiplied by local tax rate) 106.81 Contact Us 5.Total amount due 996.88 Continue 0 2013 Commonwealth of Massachusetts Web Browsers contact us Site Rotides lersion-0.0.0.0 OPF Version-1.0.4757.24310 ittps://wfb.dor.state.m'a-us/webfile/Business/private/WebForms/TaxForms/TO138Y2009V 1FMForm,aspx?r... 4/25/201: The Official Website of the Massachusetts Department of Revenue ,Department WebFiie for 1 Home File and Pay View Tax History/Activity Submit Reports ! Manage Registration Manage Account Log Off .,.,h.-sti.aaz._:.:sa�•ir+._=.T—.�.s.xm...r-_yea-+u.•.2 .�.->t..a--r ae-� �evrn�+,e. s.z:uam�ww+�rrFn+r File Return Hide Column:► 1 AThis return can not be edited. L ,. Your Company PROFESSIONAL GOLF 2012 Meals Tax Monthly MANAGEMENTINC PROFESSIONAL GOLF MANAGEMENT INC Period End Date 208834179 208834179 LUDLOW,MA 01056 9/3012012 I F.". iltrl�t 1A.Gross receipts from the sale of meals,incl.food &non-alcoholic beverages(don 12411.44 -- .. not include non-alcoholic beer} Return to my home 1 B.Gross receipts from the sale of alcoholic beverages(!ncludIng non-alcohollc beer) 13965.24 Make tax payments Report wages paid to employees 1.Gross receipts from the sale of meals,incl.food&beverages 26376.68 for the quarter Report new hire information 2.Total charged for tax exempt meals 0.00 Add,update,delete or change passwords for authorized 3.Total taxable receipts(line 1 minus line 2) 26376.68 administrators of my account Review,update or close account State tax rate 0.0625 information 4A.State tax due(line 3 multiplied by state tax rate) 1648.54 1 k2L4.1 4� Local tax rate 0 ' .. Site Index 413.Local tax due(line 3 multiplied by local tax rate) 0,00 Contact Us 5.Total amount due 1648.54 Continue 0 2013 Commonwealth of Massachusetts web Browsers Contact Us Site Popries 7ersion-C-0,0,0 , CPF Vers1or,-1.0.4717.2422A lttps:Hwfb.dor.state.ma.us/webfile/Business/private/WebForms/TaxForms/TO138Y2009V l FMForm.aspx?r... 4/25/20 i The Official Website of the Massachusetts Department of Revenue r:z$.-Irxirt Home '. File and Pay View Tax History/Activity `• Submit Reports Manage Registration Manage Account tog Off .a......e.c�:...c.a- File Return Hide Column AThis return can not be edited. Your Company PROFE55IONAL GOLF 2012 Meals Tax Monthly MANAGEMENTINC PROFESSIONAL_GOLF MANAGEMENT INC Period End Date 208834179 208834179 LUDLOW,MA 01056 8/31/2012 1A• Gross receipts from the sale of meals,Incl.food&non-alcoholic beverages(do 18139.38 - not include non-alcoholic beer) Return to my home 1B.Gross receipts from the sale of alcoholic beverages(including non-alcoholic beer) 19395.85 Make tax payments Report wages paid to employees 1.Gross receipts from the sale of meals,incl.food&beverages 37535.23 for the quarter Report new hire information 2.Total charged for tax exempt meals 0.00 Add,update,delete or change passwords for authorized 3.Total taxable receipts(line 1 minus line 2) 37535.23 administrators of my account State tax rate 0.0625 Review,update or close account information 4A. State tax due(line 3 multiplied by state tax rate) 2345.95 Local tax rate 0 11 Site Index 48. Local tax due(line 3 multiplied by local tax rate) 0.00 Contact:us 5.Total amount due 2345.95 Continue R42013 Commonwealth of Massachusetts Web Browacrs contact us site Policies rer.®ion-0.0.0.0 , rPF Ver.sl.on-1,0.C57,24318 ittps://wfb.dor.state.ma.us/webfile/Business/private/WebForms/TaxForms/T013 8Y2009V 1 FMForm.aspx?r... 4/25/201: The Official Wehsde of the Massachusetts Department of Revenue •• w F11=1.F-1 t�'t.ra - for . Home File and Nay View Tax History/Activity Submit RCports Manage Registration Manage Account Log Off . ...�..,.....,c...w...�n..m...s.:..-n.+,�.awo...._:,r-.._. . ...:.R �-,.,k„--aw.,.,m+e.�,.mwe.u�..wr.•..,y„y..a.e.nw,.+aw.�a....,..:,r«+.=e+.,-«.+,Esc....,e,o.«....,rKaeb..a•.r,ae,:^�.,s,.,m...wey m.r...w...... File Return Hide Column ► AThis return can not be edited. Your Company PROFESSIONAL GOLF 2012 Meals Tax Monthly MANAGEMENT INC PROFESSIONAL GOLF MANAGEMENT INC Period End Date 208834179 208834179 LUDLOW, MA 01056 7/31/2012 ) II :4 a ii.ee� i1J 1A.Gross receipts from the sale of meals,incl.food&non-alcoholic beverages(do . tlL.t.L'L� 1488260 k not include non-alcoholic beer) Return to my home 1B.Gross receipts from the sale of alcoholic beverages(including non-alcoholic beer) 15304.63 Make tax payments Report wages paid to employees 1.Gross receipts from the sale of meals,Incl.food&beverages 30187.23 for the quarter Report new hire information 2.Total charged for tax exempt meals 0.00 Add,update,delete or change passwords for authorized 3.Total taxable receipts(line 1 minus line 2) 30187.23 administrators of my account State tax rate 0.0625 Review,update or close account information 4A.State tax due(line 3 multiplied by state tax rate) 1886.70 _ILL, Local tax rate 0 Site Index 413. Local tax due(line 3 multiplied by local tax rate) 0.00 Contact Us 5.Total amount due 1886.70 Continue C�12013 Commonwealth of Massachusetts Weh browsers Contact us Site Polkies version-0.0.0.0 , DPF Ver.slvn-1.0.f7;7.24'18 ittps://wfb.dor.state.ma.us/webfile/Business/private/WebForms/TaxForms/T0138Y2009V 1 FMForm.aSpx?r... 4/25/201: The Official Webslte of the Massachusetts Department of Revenue WebFile •r us no sli_'�, _ r Home File and Pay View Tax HistorVI Activity Submit Reports ! Manage Registration Manage Account Log Off �,,,..--..-,....�.,•j�e+aaaR..wa,�.�u=ire_,�.-a�-��,��ra��-�-aa�++a•�raa+car:r+�-�• . 'u�n��ccara�i�ra�mr_rwrara�rn�r.s�+.m,r File Return Hide Column _► AThis return can not be edited. - - Your Company PROFESSIONAL GOLF 2012 Meals Tax Monthly MANAGEMENT INC PROFESSIONAL GOLF MANAGEMENT INC Period End Date 208834179 208834179 LUDLOW,MA 01056 6/30/2012 ►,StirJ;ll�.t'=.£��I:L�A�I er� e� 1A.Gross receipts from the sale of meals,Incl.food&non-alcoholic beverages(do '14479.49 L — - not include non-alcoholic beer) Return to my home 113.Gross receipts from the safe of alcoholic beverages(!including non-alcoholic beer) 18967.62 Make tax payments Report wages paid to employees 1.Gross receipts from the sale of meals,incl.food&beverages 33447.11 for the quarter Report new hire information 2.Total charged for tax exempt meals 0.00 Add, update,delete or change passwords for authorized 3.Total taxable receipts(fine 1 minus line 2) 33447.11 administrators of my account Review,update or close account State tax rate 0.0625 information 4A.State tax due(line 3 multiplied by state tax rate) 2090.44 Local tax rate 0Site Index 413.Local tax due(fine 3 multiplied by local tax rate) 0.00 Contact Us 5.Total amount due 2090.44 Continue Q 2013 Commonwealth of Massachusetts Web Browsers contact us Site paildrs ?ers.ion-0,0.0.0 DPF Ver.si.or.-1.0.4757.24310 ittps://wfb.dor.state.ma.us/webfile/Business/private/WebForms/TaxForms/TO138Y2009V 1 FMFOnn.aspx?r... 4/25/201: The Official Website of the Massachusetts Department of Revenue ��A WebFile for Home File and Pay View Tax History/Activity Submit Reports `. Manage Registration Manage Account Log Off File Return Hide Column' I AThis return can not be edited. Your Company PROFESSIONAL GOLF 2012 Meals Tax Monthly MANAGEMENT INC PROFESSIONAL.GOLF MANAGEMENT INC Period End Date 20B834179 208834179 LUDLOW,MA 01056 5/31/2012 1A.Gross receipts from the sale of meals,Incl.food 8 nonalcoholic beverages(do 11511 80 t _— not Include non-alcoholic beer) Return to my home 113.Gross receipts from the sale of alcoholic beverages(including non-alcoholic beer) 15154.88 Make tax payments Report wages paid to employees 1.Gross receipts from the sale of meals,Incl.food&beverages 26666.68 for the quarter Report new hire information 2.Total charged for tax exempt meals 0.00 Add,update,delete or change passwords for authorized 3.Total taxable receipts(line 1 minus line 2) 26666.68 administrators of my account State tax rate 0.0625 Review,update or close account information 4A.State tax due(fine 3 multiplied by state tax rate) 1666.67 �..tltl�L'J Local tax rate 0 Site Index 4B.Local tax due(line 3 multiplied by local tax rate) 0.00 Contact Us S.Total amount due 1666.67 Continue i�3 2013 Cornmonweatth of Massachusetts Web eroww.rs Contatttls Site PoUcies f�rsioa-C. 7.0.0 CPF vers1on-1,0.4757.24 1J ittps:Hwfb.dor.state.ma.us/webfilC/Business/private/WebForms/TaxForms/TO138Y2009V 1 FMForm.aspx?r... 4/25/201: The OfScral Website of the Massachusetts Department of Revenue Pepartment of Revenue WebFile for Business Home ` Fife and Pay View Tax history/Activity Submit Reports '. Manage Registration Manage Account Log Off File Return Hine column .c AThis return can not be edited. Your Company PROFESSIONAL GOLF 2012 Meals Tax Monthly MANAGEMENT INC PROFESSIONAL GOLF MANAGEMENT INC Period End Date 208834179 208834179 LUDLOW,MA 01056 4/30/2012 1A.Gross receipts from the sale of meals,incl.food&nonalcoholic beverages(do f ILS'�-1-^ALL" ALti' 10750.D0 not Include non-alcoholic beer) Return to my home 113,Gross receipts from the sale of alcoholic beverages(including non-alcoholic beer) 10250.00 Make tax payments Report wages paid to employees 1.Gross receipts from the sale of meals,incl.food&beverages 21000.00 for the quarter Report new hire infomiatlon 2.Total charged for tax exempt meals 0.00 Add,update,delete or change passwords for authorized 3.Total taxable receipts(line 1 minus line 2) 21000.00 administrators of my account Review,update or close account State tax rate 0.0625 information 4A.State tax due(line 3 multiplied by state tax rate) 1312.50 0 Local tax rate 0 Site Index 46. Local tax due(line 3 multiplied by local tax rate) 0.00 Contact Us 5.Total amount due 1312.50 Continue Q 2013 Commonwealth of Massachusetts Web Browsers Contact us Site Policies lerslon-0.0.0.0 , DPP Version-1.0.4757.24318 laps://wfb.dor.state.ma.us/webfileBusiness/private/WebForms/TaxForms/T0138Y2009V 1 FMForm.aspx?r... 4/25/201: JPGM Professional Golf Management Appetizers.................................... Burgers & Dogs............................. Basket of French Fries $4.50 Grilled % lb. Hot Dog $2.75 Basket of Onion Rings $4.95 Grilled '/. lb. Hot Dog w/chips $3.75 9-Piece Chicken Wings $5.95 '/ lb. Grilled Angus Burger $5.95 (Crispy,BBQ, or Hot) Grilled Angus Cheeseburger $6.25 18-Piece Chicken Wings $1095 Grilled Bacon Cheeseburger $6.95 (Crispy, BBQ,or Hot) Grilled Rodeo Burger $6.95 Fried Mozzarella Sticks (6-piece) $5.95 (4oz. angus beef topped w/onion rings&BBQ sauce) Chicken Tender Basket (5-piece) $5.95 3 Cheese Chicken Quesadilla $7.95 (Grilled chicken w/melted Monterrey jack, cheddar,&mozzarella) Salads......................................... Sandwiches......................... Garden Salad $4.95 Turkey $5.95 Chef Salad $6.75 (Fresh Turkey breast,lettuce,tomato,&American cheese) (Crisp iceberg lettuce,onions,tomatos,turkey,ham&crispy croutons) Ham & Cheese $5.95 BLT Salad $6.95 (Fresh Krakus Ham,lettuce,tomato,&American cheese) (Fresh romaine tossed whomatos,bacon,&blue cheese dressing) Tuna Salad $6.25 Chicken Caesar Salad $7.95 Chicken Salad $6.25 (Fresh romaine w/grilled chicken,croutons,&parmesan cheese) Grilled Chicken $6.50 (Grilled chicken breast,w/lettuce,tomato,&mayo) Wraps......................................... Crispy Chicken $6.50 Crispy or Buffalo Chicken Wrap $6.75 (Crispy Chicken filet,w/lettuce,tomato, &mayo) (Crispy chicken filet,w/your choice of sauce,lettuce,&cheese,on a tortilla) Chicken Caesar Wrap $6.75 (Grilled chicken,w/romaine lettuce,parmesan cheese,&Caesar dressing on a tortilla) Turkey Bacon Wrap $7.95 (Fresh Turkey with Bacon,lettuce,&ranch dressing on a floured tortilla) * All sandwiches and wraps are served with your choice of; Potato Chips,Cole Slaw,or Potato Salad * Add a side order of: French Fries for $1.50 Onion Rings for $2.00 gawam PROFESSIONAL GOLF MANAGEMENT P.O. Box 363 - Ludlow, Massachusetts 01056 Golf Shop: (413) 547-8610 • Fax: (413) 610-0109 Westover Grand Buffet. . . Choice of One Appetizer • Cheese&Crackers or Antipasto Platter (� Choice of One Pasta • Penne&Broccoli . Penne Pomodoro • Penne Absolute • Penne Bandiera • Stuffed Cheese Shells • Lasagna • Pasta and Meat Sauce • Mac `n'CHeese Choice of Two Entrees • Chicken Francaise • Pollo Domam • Roast Pork Loin • House Made Meatballs • Chicken Marsala • Chicken Parmigiano • Honey Baked Ham • Sausage&Peppers Choice of One Side • rice pilaf,seasonal veggies,roasted red potatoes,scalloped potatoes All Served with • house or Caesar salad, homemade breads (•. and garlic dip,an assorted dessert tray J..l� PGM 2013 Professional Golf Management jil, pGM rrices inderde MA meal fax and gratuity. PROFESSIONAL GOLF MANAGEMENT �y1"""�" _ -�-•"`� Continental •ver Deli Lunch . . . . . . . . . . .11195 Westover Chicken BBQ. sl 695 per petson Beverage Station-hot coffee(regular& Choice of Three Sandwiches or Wraps , Dinner Entree- 'h BBQ Chicken decal),hot tea,and a choice of orange or apple . ham &cheese,turkey&cheese,roast Served with a Choice of juice beef,chicken salad,tuna salad • baked potato or roasted red potatoes Bagel/Muffin Station-assorted bagels(plain, Choice of Two Salads Also included cinnamon raisin,poppy seed,and onion);as- potato salad, macaroni salad,or coleslaw, seasonal veggies,house or Caesar salad, sorted muffins (blueberry,bran,chocolate chip, three bean salad,italian pasta salad homemade breads and garlic dip,an as- and corn);assorted danish and donuts served with potato chips,fresh fruit platter, sorted dessert tray served with a condiment station providing butter, and dessert platter cream cheese,and assorted jellies Westover Cookout Lunch. . . . . . . . . 1595 Additional Lunch Options Westover Chop House . . . 5199'per person Choice of a-hot dog,hamburger,or cheese- Include a Domestic Draft Beer Choice of One Dinner Options burger or Fountain Soda .. .. . .add$2.25 per person IO oz. Grilled Flat Iron Steak r _Inclu Fresh l+rwt-.Pd ft-r r served with potato chips and a condiment 10 oz. Grilled Top Sirloin P P i p station providing lettuce,tomato,onion, + or Frui ask :°;.. .. . .add s2.50 per pets n Substitute Choices ketchup,mustard, and relish -`�-� Fr fnclud an sorted Cookie 2 oz. Ribeye . . . . .. add$3.00 per person t an as T.ay .. . ... .add s2.00 per erson.. f �• 12 oz.New York Sirloin Stirp. . . ....add$3.00 per person ' St1ouis Style Ribs.. add s3.00 per person over • Westover is oz.Swordfish ...add$3.00 per person WestM Served with a Choice of ..:7 baked potato or roasted red potatoes Choice of a- hot dog,hamburger,or cheese- Choice of One Entree p p burger Also Included • penne with chicken and broccoli seasonal veggies,house or Caesar salad, Additional Choices .. .add s3.00 per person • stuffed cheese shells • homemade breads and garlic dip,an as- • grilled sausage,peppers,and onions • vegetable or meat lasagna sorted dessert tray • grilled chicken breast • ziti and meatballs Choice of One Salad Also Included . potato salad,macaroni salad,or cole slaw house or Caesar salad,homemade breads served with potato chips and a condiment and garlic dip,an assorted dessert tray station providing lettuce, tomato,onion, ketchup, mustard,and relish Prices include MA meal tax and gratuity. Prices include MA meal tax and gratuity. Prices include MA meal tax and gratuity. PGMINC. Town of Agawam Agawam Municipal Golf Course 128 Southwick St. Feeding Hills, MA. 01030 May 151, 2013 The following document is an additional explanation to PGM's RFP for the food and beverage concession at the Agawam Municipal Golf Course. In the section marked"Bidder Qualifications"we furnished the required documents, certificates, licenses and menus in the form of a"Table of Contents" section and referenced each item by page number. In the paragraphs that follow,we're providing additional clarification. ITEM 3: PGM has been operating all three phases,'(Golf operations, Food and Beverage, and Maintenance)of a very successful municipal golf operation for the Town of Ludlow at Westover Municipal Golf Course for the past 12 years. In this role we have created and maintained a hiring and training practice that consistently meets and exceeds the customers' expectations. These procedures will be carefully executed to the satisfaction of the Town of Agawam. ITEM 15: The manager on site will be Joshua Lebeau who has been in a managerial role for the past 4 seasons with PGM. Mr. Lebeau is currently enrolled in the P.G.A. of America's Golf Management program level 1 and expects to gain membership within the next 18 months. In addition to the PGA Membership, Mr. Lebeau is Serv-Safe certified and T.I.P.S. certified. ITEM 18: PGM will supply a Beverage Cart of their own.We currently have two 2010 Caf6 Express Carts on site at Westover Golf course, and plan on transporting one over to the Agawam Municipal Golf Course. If any additional explanation is needed, please feel free to contact me at your convenience. Sincerely, Bill Kubinski (413) 547-8610 Office (413)262-5055 Cell Billkubinski220@msn.com