2025-925 GOLF - Restaurant Lease and Operation RFP.pdf

Invitation, Lease and Operation of Golf Restaurant

CITY OF GARDNER

PURCHASING DEPARTMENT

REQUEST FOR PROPOSALS

#2025-925 RESTAURANT LEASE AND OPERATION GARDNER MUNICIPAL GOLF COURSE

Sealed proposals will be received at the office of the Purchasing Agent, Room 217 City Hall, 95 Pleasant St., Gardner, MA 01440 until 1:00 pm on December 18, 2024, for the lease and operation of the food and beverage service (restaurant) for the Gardner Municipal Golf Course.

Specifications, information to bidders and proposal forms may be obtained website at www.gardner-ma.gov, under bid opportunities.

This bid is being conducted under the procurement standards of Massachusetts General Law Chapter 30B. Non-price proposal (technical information) must be submitted separately from price proposal (financial details). Failure to submit separate sealed proposals in appropriately marked envelopes will result in rejection of the proposals.

All questions concerning this proposal are to be presented to the Purchasing Agent in writing no later than 4 p.m. on December 11, 2024. Golf Course Commissioners and employees, neither individually nor collectively, are to be contacted, nor will they discuss proposals during the evaluation period.

The City reserves the right to reject any and all proposals, wholly or in part, waive any informalities or irregularities in the proposals received, and to accept any proposal or part thereof deemed to be in the best interest of the City.

City of Gardner By Joshua Cormier City Purchasing Agent The Gardner News November 27, 2024

PURCHASING DEPARTMENT

95 Pleasant Street, Room 217 Gardner, MA 01440 978-632-0426

INVITATION FOR PROPOSALS

(Service Contract & Lease) MGL Chapter 30B

Required Submission Date: Wednesday, December 18, 2024, at 1:00 p.m. local time

Deliver Submission To: Purchasing Department, 95 Pleasant Street, Room 217, Gardner, MA

Sealed Envelope Marked #2025-925 GOLF COURSE RESTAURANT

Last Day for Questions: December 11, 2024 at 4:00 p.m.

Charges for Bid Documents: None

Bid Bond: Refundable cash, check or money order in the amount of $500.00. The bid bond of the successful proposer will be deposited as the Security Deposit on the lease, refundable upon successful completion of the contract.

Written Rationale for using the RFP Process:

The City of Gardner, on behalf of the Gardner Golf Commission, intends to enter into an agreement for a leased operation of the restaurant located at the Gardner Municipal Golf Course. The successful proposer must meet all specifications in the minimum criteria and will be further evaluated in the technical and comparative evaluation criteria for qualifications.

Due to the intricacies and complexities involved in this type of lease operation, it is imperative that the City has a basis upon which to evaluate each proposer and their qualifications. This position requires a highly motivated, qualified proposer with management skills to coordinate duties required for the operation of the restaurant. The Golf Commission, therefore, requires detailed comparative criteria to judge the procurement of this service in addition to price.

The RFP process will enable the City to provide higher ratings to qualified proposers when comparing capabilities to obtain the maximum degree of performance by the proposer selected for this service.

PROCUREMENT # 2025-925

ISSUE DATE: November 27, 2024

Joshua Cormier, CPO, MCPPO

Director of Purchasing jcormier@gardner-ma.gov

CRITERIA FOR PROPOSALS

Responsiveness & Responsibility: Any proposal which fails to include required information or documentation specified in the proposal is considered non-responsive and will be rejected. Any proposer who fails to meet any standards set forth will be rejected.

Minimum Evaluation Criteria The proposer must fulfill the following minimum criteria.

1. The proposer must have successfully completed a minimum of three years formal experience as an owner and/or operator of a restaurant of at least this size and scope or have proven experience in a business which qualifies as comparable to restaurant ownership/management.

2. The proposer must be able to provide experienced staff with demonstrated ability.

3. Proposer must have sufficient staff on duty to properly deliver satisfactory services at all times.

4. The proposer must always have a manager/supervisor on premises when the restaurant is open.

5. The proposer must have a positive work history and ability to work cooperatively with agents of the City of Gardner and the public.

6. The proposer

7. The proposer must provide all services specified and comply with all submission requirements.

8. All documents attached to this RFP package must be completed and submitted as instructed.

9. The proposer must provide references for projects of similar size and scope, performed over the last three (3) years.

Comparative Criteria Ratings:

The evaluating team will evaluate all proposals meeting the responsiveness and responsibility requirements above further on a comparative basis as follows for each criterion/standard:

1. Menu Offerings - the proposer must submit sample menus with documentation of use in existing food service sites.

2. Community Outreach proposer must submit documentation of activities initiated in prior projects that reflect efforts to improve food services in existing sites.

3. Compliance with laws proposer shall provide a statement on letterhead regarding compliance with all laws pertaining to meal taxes, withholding taxes, and health inspections. Explanation of problems or non-compliance shall be explained as to the resolution of the problem or non-compliance. Proposer shall also certify, under oath and on company letterhead, that Proposer has reviewed the criteria for liquor license applicants as set forth in MGL c. 138 and all knowledge and belief, the Proposer meets the criteria set forth therein for eligibility to obtain a liquor license.

After the evaluating team has made the comparative evaluation for each criterion, they will make a composite rating of the overall proposal as follows:

Highly Advantageous: A proposal which fully meets all the requirements of the request for proposal.

Advantageous: A proposal that meets three out of the five requirements (numbers 1, 2 and 4).

Not Advantageous: A proposal which inadequately meets the criteria requested (two or fewer).

Unacceptable: A proposal which fails to meet the standards specified.

All proposals will be evaluated based on the ability to meet the required specifications as well as capability, integrity, reliability, and reputation to meet the contract requirements. The City of Gardner will then determine the most advantageous proposal taking into consideration price and the composite ratings.

OTHER TERMS AND CONDITIONS

(SEE SAMPLE LEASE AGREEMENT FOR COMPLETE TERMS AND CONDITIONS)

All utility accounts shall be held in the name of the LESSEE. The LESSEE shall pay, as they become due, all utility bills for electricity and other utilities including, but not limited to, water, sewer, and propane (for heat for other purposes) that are furnished to the lease premises.

Should the LESSEE require additional utilities or equipment, the purchases, installation, and maintenance shall be the sole responsibility of the LESSEE, subject to prior written consent of the

LESSOR.

The LESSEE, at its sole expense, shall provide a television available for viewing in the dining area, which shall remain in good working order for the entire term of this lease, and the LESSOR, at its sole expense, shall provide basic cable service.

liquor license from the City of Gardner License Commission.

The LESSEE shall provide the following service:

Service of no less than a regular menu served Saturdays, Sundays, and Holidays from 7:00 a.m.

until one (1) hour after closing of the Pro Shop; regular menu served Wednesday through Friday from 11:30 a.m. until one (1) hour after closing of the Pro Shop. The restaurant shall always be open to the public during all events.

Sufficient kitchen and dining room equipment to support the above style and restaurant service.

All events that request coffee, doughnuts or a continental breakfast shall be accommodated

Sit-down capacity of no less than 70 and no more than the number of patrons allowed by State and Local safety regulations.

A beverage vehicle on the Golf Course as weather permits. LESSOR shall provide LESSEE with a beverage vehicle for on course use. LESSEE shall be responsible for the annual cost of said vehicle and provide any fuel and basic maintenance for the beverage vehicle.

The LESSEE, at the discretion of the LESSOR, shall provide restaurant services for special course events, times and dates, in addition to the required hours of operation previously set forth.

The LESSEE agrees to maintain the leased premises in good and working condition. Anything costs beyond normal wear and tear will be borne by the LESSEE.

INSTRUCTIONS & INFORMATION TO PROPOSERS

The CITY OF GARDNER, acting through its Purchasing Department for the Gardner Municipal Golf Course, period of one (1) season, extendable for an additional two (2) seasons at the sole discretion of the City of Gardner.

Instructions:

In accordance with MGL Chapter 30B, proposers shall submit separate price and non-price (or technical) proposals.

The price proposal must be complete and signed by an authorized person, and include financial information requested of the proposer (tax information, financial references). The price proposal shall also detail any benefits to the City (in addition to rent and security deposit) such as improvements, additional equipment to be provided, etc. The minimum acceptable rent is $2,000.00 per season (Approximately March 15 through approximately November 30).

The non-price proposal must, at the very least, address and comply with all minimum requirements set forth in the Request for Proposals to be considered responsible. The non-price proposal shall also be signed and placed in a sealed envelope.

One complete original copy and one digital copy of the proposal is required. If the proposal is accepted, all documents in this bid packet, including all specifications and proposal, shall constitute part of the contract.

paper and signed and dated.

Envelope containing the price and non-date of proposal, and identification of proposal. Failure to submit proposals in an appropriately marked envelope will result in rejection of the proposal.

A contract will be awarded by the City of Gardner on behalf of the Gardner Golf Commission within 30 days after the proposal opening. The time for award may be extended for up to 45 additional days by mutual agreement between the awarding authority and the responsive and responsible offeror offering the most advantageous proposal as determined by the Chief Procurement Officer.

A Proposer may correct, modify, or withdraw a proposal by sealed written, signed notice, clearly marked as a correction, modification, or withdrawal received in the office of the Purchasing Agent prior to the time and date set forth for the proposal submission.

All proposals shall be submitted to the City as and where set forth above on or before the bidding deadline. Proposals and unsolicited amendments to proposals received by the City after the bidding deadline will not be considered and requests for extensions of time will not be granted. Proposers who mail bids should allow sufficient time for receipt by the City by the bidding deadline. Bids received after the bidding deadline will be returned to the proposer unopened.

Negligence on the part of the proposer in preparing the proposal confers no right of withdrawal after the deadline. The City does not assume any responsibility for errors, omissions, or misinterpretations which may have resulted in whole or in part from the use of incomplete bid documents. Any proposer finding an ambiguity, inconsistency, or error shall promptly notify the City.

Information:

1. Compliance with Laws: The proposer will be bound by all applicable statutory provisions of the laws of the Federal Government, The Commonwealth of Massachusetts, and the City of Gardner.

2. Addendum: If it becomes necessary to revise any part of this Request for Proposal or if additional data are necessary to enable an exact interpretation of provisions, such addenda will be provided to all who have requested this Invitation. If addenda are issued, all proposers shall acknowledge receipt of each addendum with their proposal, properly referenced.

3. Assignment: The Contractor will not be permitted to either assign or underlet the contract, nor assign either legally or equitably, any monies hereunder, or its claim thereto, without the previous written consent of the City Purchasing Agent and the Gardner Golf Commission.

4. Site Conditions and Failure or Omission: Before submitting a proposal, each proposer must make a careful study of specifications and proposal and fully assure itself as to the quality of the materials required and/or services to be provided. The proposer should visit the site to fully inform itself as to all existing conditions and limitations and the availability of services required that might affect the execution of the work under the contract. Failure to visit and be acquainted with conditions at the site shall in no respect relieve the proposer from any obligation imposed by their proposal or by contract. The submittal of an RFP shall be taken as prima facie evidence of compliance with all instructions contained.

The fact that an item may not be mentioned in these specifications does not excuse the contractor from supplying that item if it is necessary for the proper performance of this service or if it would be considered standard trade practice. This proposal for service must cover all contingencies, including all labor and materials necessary for the contract as required by the City of Gardner.

5. Inquiries Questions and Requests for Additional Information: Any and all questions regarding this proposal must be submitted in writing no less than four (4) working days prior to the proposal due date. Questions and answers will be provided in writing, as an addendum where appropriate, to all those listed as having received an RFP. The evaluating team will respond through the below listed contact person only, and proposers are prohibited from contacting any member of the Golf Commission regarding this RFP. Any unauthorized contact may be grounds for disqualification of the proposal. Questions regarding the RFP and selection process shall be directed to: Jennifer Dymek, City Purchasing Agent, Room 217 City Hall, 95 Pleasant Street, Gardner, MA 01440, telephone (978) 632-0426.

6. Form of Contract: Attachments to and forming a part of this request for proposal, this endorsement when countersigned by the City, is made a part of the RFP and is subject to all the terms and provisions hereof and of any prior endorsements hereto.

7. Insurance: The successful proposer shall obtain and maintain insurance as set forth in the form of contract included in this packet during the entire lease period. The City of Gardner must be listed as an additional insured and copies of the insurance binders will be required upon contract signing.

8. Right to Accept or Reject Proposals: The City of Gardner reserves the right to reject any and all proposals or waive any informalities deemed inconsequential, and to make awards in a manner deemed to be in the best interest of the City. Failure to follow the instructions, meet the minimum criteria, or agree to the terms and conditions contained in this proposal may be cause for rejection of the proposal as non-responsive.

9. Pricing: All prices agreed upon must be firm for the duration of the contract.

10. Unexpected Closures: If, at the time of the scheduled proposal due date, the City Hall is closed due to uncontrolled events, the due date for proposals will be postponed until 11:00 A.M. on the next normal business day. Proposals will be accepted until that date and time under such conditions.

11. Pre-Bid Site Walk-Through: Proposers should make an appointment to visit the Gardner Municipal at 154 Eaton Street, to become acquainted with the operation and set-up of the restaurant prior to submitting a proposal. This will enable proposers to familiarize themselves with the facilities and ask any questions that will help in submitting their responses to the Request for Proposal.

12. Discrimination: The City of Gardner is an Equal Opportunity Employer. The proposer in the performance of all work after award and prior to the completion of contract agreement, shall not discriminate on grounds of race, color, religion, sex, gender identity, age, ancestry, physical or mental handicap, or national origin in employment practices or in the selection retention of subcontractors, and in the procurement of materials, services, and rental of equipment.

The proposer agrees to comply with all applicable Federal and State statutes, rules and regulations prohibiting discrimination in employment including Title VII of the Civil Rights Acts of 1964; the Age Discrimination in Employment Act of 1973; Massachusetts General Laws Chapter 151B Section 4 (1) and all relevant administrative orders and executive orders.

13. Consideration of Proposal: Consideration and acceptance of Proposal shall be based on the ability of the Proposer to meet the specifications for the project legally advertised and set forth in the terms, conditions and specifications of this package and subsequent contract documents.

The form of Lease is attached to this RFP. All the conditions contained in the Request for Proposal and form of Lease constitute the Agreement.

Each year of this Lease is subject to the annual appropriation for the Municipal Golf Course.

14. F.I.D. or S.S.N. of Vendor: Pursuant to the Laws and Regulations of the Commonwealth of

Massachusetts, it is required of all proposers submitting bids in response to these specifications to furnish their Federal Identification Number as appropriate.

15. Signing of Proposal: If a proposal is made by an individual or sole proprietor, the Proposal and

Lease, if the Proposer is selected, must be signed by the full name of the proposer, whose address must be given. If the firm is a partnership, it must be signed by all partners. If the proposer is a corporation, it must be signed by an authorized officer in the corporate name, accompanied by a

16. Proposers shall comply with all applicable Federal, State and Local laws and regulations governing liability insurance, in addition with the requirements set forth in this RFP or any other legal requirements.

17. Termination: Reference is made to the sections in the form of lease agreement, XIV- Fire, Casualty;

XV Default and Bankruptcy and XVI Surrender.

18. Rent Payment Schedule: The successful proposer shall pay annual rent to the City in the amount stated in the attached schedule on the Proposal/Bid Form Sheet.

19. Parking: Parking for the restaurant will be governed by Gardner Golf Commission Policy.

Additional Qualifications Information Requirements:

The prospective proposer must demonstrate previous relevant experience in the food service operations. The proposer must have experience as an owner and manager in the restaurant business.

It is required that each vendor submit the following information with its proposal:

The undersigned offers the following information as evidence of his qualifications to perform the service as bid upon according to all requirements of the specifications and all the bid documents:

a) Have been in business under present name:

for ________ years.

b) Ever failed to complete any contract awarded? ______________

If so, explain using additional sheet of plain 8-price proposal. This information will be kept confidential.

A complete list of comparable positions and/or contracts or business owned where you and your company or business have provided food or restaurant operation services and dates employed or as owner/operator, as well as currently provide food services.

Previous Employment: List name, type and location and type of work performed, and a contact name and telephone number where the work was performed, along with dates of the service.

The proposer must provide a minimum of three (3) food service references and three (3) credit references for a total of six (6) references. List references with a full address and telephone number.

The Golf Commission, in its sole discretion, reserves the right to disqualify any proposer from further consideration should the Commission receive any negative recommendations from the list provided.

By signature on the proposal, the proposer assures a complete knowledge and understanding of all the performance requirements for this restaurant operation.

Upon written request from the Purchasing Agent, the proposer may be required to produce other information to support its qualifications and to make sure it is financially qualified to carry out the contract.

MUNICIPAL GOLF COURSE

RESTAURANT LEASE AND OPERATION

PRICING PROPOSAL

MINIMUM PRICE $2,000.00 PER SEASON

RENT (Year One Price): _______________________

RENT (Year Two Price, if renewed): ____________________

RENT (Year Three Price, if renewed): ___________________

SECURITY (Payable Annually): $500.00

EXPLAIN ANY ADDITIONAL BENEFITS TO THE CITY (USE A SEPARATE SHEET OF PAPER, IF

NECESSARY) SUCH AS IMPROVEMENTS, ADDITIONAL EQUIPMENT, ETC.:

SIGNED: _________________________________________________________

TITLE: ____________________________________________________________

NAME OF FIRM: ___________________________________________________

ADDRESS OF FIRM: ________________________________________________

TELEPHONE/FAX: __________________/_____________________________________

EMAIL ADDRESS: ____________________________________________________

THIS SHEET MUST BE IN A SEPARATE ENVELOPE CLEARLY MARKED PRICE PROPOSAL AND WILL BE

OPENED SEPARATELY FROM THE NON-PRICE PROPOSAL.

Instructions to Proposers Golf Course Restaurant Page 1 of 1

PURCHASING DEPARTMENT

CERTIFICATIONS

Statements below shall be submitted with each Bid or Proposal and shall be duly dated and signed with an original signature and all other information.

NON-COLLUSION: In accordance with Massachusetts General Law Chapter 40, Section 4B ½, Chapter 30, Section 39M and/or Chapter 30B, Section 10: Undersigned certifies under penalties of perjury that this proposal is in all respects bona fide and fair and has been made and submitted in good faith without collusion or fraud with any business, partnership, corporation, union, committee, club, organization, group of individuals, or other business or legal entity.

CONFLICT OF INTEREST: The proposer must certify that no official or employee of the City of Gardner has a financial interest in the proposal or executed Contract, or in the expected profit to arise therefrom, unless there has been compliance with the provisions of MGL C 43, Section 27 (Interest in Public Contracts by Public Employees) and of provisions of MGL C 268A, Section 20 (Conflict of Interest Law).

INDEMNIFICATION AGREEMENT: The undersigned agrees to indemnify, pay on behalf of, defend, and hold harmless the City of Gardner and its officers, attorneys, employees and agents from any and all claims, demands, be imposed upon, incurred by, or asserted against the City by reason of (a) any failure on the part of the Contractor to comply with any provision or term required to be performed or complied with by the Contractor under this Contract, or (b) for the death, injury or property damage suffered by any person on account of or based upon the act, omission, fault, negligence or misconduct or any person whomsoever other than the City of Gardner. The foregoing indemnity and hold harmless agreement shall include indemnity against all costs, expenses and liabilities incurred in or in connection with any such claim or proceeding brought hereon, and the defense thereof with counsel acceptable to the City or counsel selected by an insurance company which has accepted liability for any such claim.

TAXES PAID: Pursuant to Massachusetts General Laws, Chapter 62C, Section 49A, the undersigned certifies under the penalties of perjury that, to the best of my knowledge and belief, all Massachusetts State Tax Returns and all Massachusetts State Taxes required under law have been paid, and I have complied with the reporting of employees and contractors, and withholding and remitting of child support.

COMPLIANCE: The undersigned is in compliance with all of the provisions, and shall remain in full compliance with the provisions for the life of any Contract resulting from this solicitation. Proposer is qualified to perform any such Contract and possesses, or shall obtain, all requisite licenses and/or permits to complete performance; shall sufficient to cover its performance under any such Contract; and shall comply with relevant prevailing wage rates and employment laws. To the best of its knowledge and belief has paid all local taxes, tax titles, utilities, motor vehicle excise taxes, water and wastewater bills in Massachusetts as required by Law.

SUSPENSION AND DEBARMENT: The Contractor certifies that neither their entity nor its Principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded for the award of contracts by any Federal or State Government Agency or Department.

Full Legal Name of Business Signature of Authorized Proposer

Required Forms, MGL 30B, Goods & Services Bid Documents, Page 1 of 3

BIDDER INFORMATION

Bidder’s attention is called to Chapter 268A of the General Laws. In connection with this statute, bidder is required to submit the following information and any other information deemed necessary by the bidder.

Give full names and residences of all the persons and parties interested in the foregoing proposal. Give first and last names in full; in case of corporations, give names of President, Treasurer, and Manager; and in case of firms, give names of the individual members.

Kindly furnish the following information regarding the Bidder:

(1) If a Proprietorship:

Name of Owner

Business Address Telephone

Home Address Telephone

(2) If a Partnership:

Full names and addresses of all partners

Name Address Telephone Number

Business Address Telephone

(3) If a Corporation:

Full Legal Name Telephone

Full Names and adresses of President, Treasurer and Manager:

Name Address Telephone Number

State of Incorporation

Principal Place of Business

Qualified inMassachusetts Place of Business in Massachusetts

(4) Give the following information regarding surety company:

Full Legal Name of Surety Company

State of Incorporation Admitted in Massachusetts? YES or NO?

Principal Place of Business

Place of Business in Masachusetts Telephone

Required Forms, MGL 30B, Goods & Services Bid Documents, Page 2 of 3

CERTIFICATE OF AUTHORITY

At a duly authorized meeting of the Board of Directors of the (Name of Corporation) held on at which all the Directors were present or waived notice, it was voted (Date) that (Name) (Officer/Title) of this company be and he hereby is authorized to execute contracts and bonds in the name and behalf of said company, and affix its Corporate Seal thereto, and such execution of any contract of obligation in this company’s name on its behalf of such under seal of the company, shall be valid and binding upon this company.

(Officer)

A TRUE COPY,

ATTEST: ____________________________________

(Signature/Title) Place of Business: _____________________________________

I hereby certify that I am the of the (Title) (Name of Corporation) that is duly elected (Officer, Name) (Title) of said company, and the above vote has not been amended or rescinded and remains in full force and effect as of the date of this contract.

Full Legal Name of Business Telephone Number

State of Incorporation* Principal Place of Business

Qualified in Massachusetts Place of Business in Massachusetts

Signature

*If state of incorporation is Massachusetts, insert MASSACHUSETTS on State of Incorporation line and disregard other parts of the form.

Subscribed and sworn to before me (Corporate Seal) If applicable (i.e., not necessary for sole proprietorships or partnerships) this ____day of ______________, 20__

________________________________(Notary Seal) Notary Public

My Commission Expires______________________

Municipal Golf Course Restaurant Lease FY25 Page 1 of 7

CONTRACT FOR LEASE AND OPERATION

OF GARDNER GOLF COURSE RESTAURANT

I. PARTIES

The LESSOR, CITY OF GARDNER (VENDOR)., which expression shall include all successors, executors, administrators and assigns where the context so admits, and LESSEE hereby leases the following premises:

II. PREMISES

Gardner Municipal Golf Course, to wit, a white farmhouse-type building, which is approximately forty feet include the existing locker room area, and the LESSOR hereby retains sole and exclusive right of use and possession of that area, including but not limited to the right to rent the lockers to members and invitees and any other persons for a fee. The Lessee shall also have the exclusive right to enter, from time to time, the grounds of the Gardner Municipal Golf Course for the purpose of selling beverages to patrons of the Gardner Municipal Golf Course.

III. TERM

The term of this Lease shall be one season, from approximately March 15, 2025 to approximately November 30, 2025 with the City having an option to renew for two additional seasons at its sole discretion, from approximately March 15, 2026 to approximately November 30, 2026 and approximately March 15, 2027 to November 30, 2027

IV. RENT AND SECURITY DEPOSIT

The LESSEE shall pay to the LESSOR rent at the rate of $ for the initial year, payable in advance in full upon the execution of the lease, and a security deposit of $ payable in advance in full on the first day of April of the Lease Term.

V. UTILITIES

All utility accounts shall be held in the name of the LESSEE. The LESSEE shall pay, as they become due, all utility bills for electricity and other utilities including but not limited to water, sewer, electric and propane (whether they are used for furnishing heat or other purposes) that are furnished to the leased premises, and all bills for fuel servicing the leased premises for the duration of the lease. LESSEE shall pay all costs and expenses necessary for heating the premises, as well as any and all costs and expenses necessary for the renovation of the premises. No renovations shall be undertaken by the LESSEE without prior written authority from the LESSOR.

The LESSOR shall be responsible for all major exterior repairs including the roof of the premises. The LESSOR shall have no obligation to provide utilities or equipment other than utilities and equipment within the premises as of the commencement date of this lease.

In the event LESSEE requires additional utilities or equipment, the purchase, installation and maintenance

LESSOR. Any additional equipment shall be provided by the LESSEE including any costs for installation of such, subject to the written consent of the LESSOR.

Municipal Golf Course Restaurant Lease FY25 Page 2 of 7

The LESSEE, at its sole expense shall provide a television, available for viewing in dining area of premises, which shall remain in good working order for the entire term of this lease, and the LESSOR, at its sole expense shall provide basic cable service.

VI. USE OF LEASED PREMISES

The LESSEE shall use the leased premises for the sole purpose of operating a restaurant.

The Gardner Golf Commission or its designee(s) shall have the right to enter the leased premises and inspect the administration and operation of the restaurant and any facet thereof, at any time; and shall have access to the building at any and or all times deemed necessary.

liquor license from the City of Gardner License Commission. LESSEE shall make every effort to obtain said license for the Lease Premises and the grounds of the golf course as set forth in MGL c.138 §12. In the event that the LESSEE fails to obtain such a license by April 1 of the Lease Term or any extension thereof or has any such license suspended or revoked during the Lease Term, or any extension thereof, then the lease shall be null and void at the sole option of the LESSOR.

The LESSEE shall maintain Liquor Law Liability Insurance in the amount of $500,000 for each occurrence and $1,000,000 in the aggregate. The City of Gardner shall be named loss payee and as additional insured under this policy.

Before commencing operations, the LESSEE must have copies of all Certificates of Insurance, in companies and forms acceptable to the City of Gardner, on file in the office of the Golf Commission located in City Hall Room 226, 95 Pleasant Street, Gardner, MA. All insurance policies shall name the City of Gardner as an additional insured.

It is agreed and understood by and between the parties hereto that the LESSEE is leasing from the LESSOR, the premises for the operation of a restaurant business upon the terms and conditions set forth herein.

The LESSEE shall provide the following service and atmosphere to the restaurant patrons:

1. Service of no less than a regular menu served Saturdays, Sundays and Holidays from 7:00 a.m. until one (1) hour after closing of the Pro Shop; regular menu served Wednesday through Friday 11:30 a.m. until one (1) hour after closing of the Pro Shop.

Restaurant shall be open to the general public at all times during all events.

2. Sufficient kitchen and dining room equipment to support the above style and restaurant service.

3. All events that request coffee, doughnuts or a continental breakfast shall be

4. Sit-down capacity of no less than 70 and no more than the number of patrons allowed by state and local safety regulations.

5. A beverage vehicle on the Golf Course as weather permits. LESSOR shall provide LESSEE with a beverage vehicle for on course use. LESSEE shall be responsible for annual cost of said vehicle and provide any fuel and basic maintenance for the beverage vehicle. The LESSOR shall not permit the beverage vehicle to be out of service for longer than 48 hours.

This Lease is conditioned upon the LESSEE receiving no less than a seasonal liquor license from the Gardner Licensing Commission prior to opening but no later than April 1st.

Municipal Golf Course Restaurant Lease FY25 Page 3 of 7

The restaurant shall be kept operating and open for business as set forth herein no less than from May 1st through October 31st of each year of the Lease Term. Should the Golf Course open after May 1st the LESSEE shall have the option of opening earlier.

The LESSEE shall have the option of being closed on Mondays, Tuesdays, Wednesdays and Thursdays before Memorial Day and after Labor Day. The LESSEE may close the restaurant on one or more of these days as the Golf Course slows down and as business dictates. Except for special events when the restaurant shall be open, the LESSEE shall have the option of opening the restaurant on Mondays and Tuesdays during the season.

The LESSEE, at the discretion of the LESSOR, shall provide restaurant services for special course events, times, and dates in addition to the required hours of operation previously set forth.

At no time shall the LESSEE host any private event which conflicts or interferes with the use of its facilities for Gardner Muncipal Golf Course related events without the prior written approval of the Gardner Golf Course Commission.

the City of Gardner Ordinances now existing or hereafter arising, and shall conform to all other laws and regulations of the Commonwealth of Massachusetts, County of Worcester, and/or City of Gardner, as well as those of the United States of America, including without limitation all environmental laws and regulations now existing and hereafter enacted.

The LESSOR has rights to sell water and snacks in the pro shop and all vending machine sales.

to enter and repossess the premises summarily without the need for court permission or order. In such event, LESSOR shall keep, in reasonable care, the equipment or property of the LESSEE for a practicable reasonable amount of time, the LESSOR shall have the right to sell or otherwise liquidate the said property and apply the proceeds to any unpaid rent and/or expenses required to repair any defects

VII. FIRE INSURANCE

The LESSEE shall not permit any use of the leased premises which will make voidable any insurance on the property of which the leased premises are a part, or on the contents of said property or which shall be contrary to any law or regulation established from time to time by the New England Fire Insurance Rating Association, or any similar body succeeding to its powers. The LESSEE shall, on demand, reimburse the

VIII. MAINTENANCE

The LESSEE agrees to maintain the leased premises in good condition (including but not limited to carpet, windows, deck and stairs both inside and out), damage by fire and other casualty only excepted.

Whenever necessary, LESSEE agrees to to replace plate glass and other glass therein, acknowledging that the leased premises are now in good order and the glass whole. The LESSEE shall not permit the leased premises, or any portion of including without limitation the grounds thereof, to be overloaded, cluttered, littered, damaged, stripped, or defaced, nor suffer any waste. LESSEE shall obtain written consent of LESSOR before erecting any sign on the premises.

The LESSOR agrees to maintain the premises in the same condition as it is at the commencement of the term and as it may be put in during the term of this lease, only reasonable wear and tear, damage by fire and other casualty excepted, unless such maintenance is required because of the wrongful and/or

Municipal Golf Course Restaurant Lease FY25 Page 4 of 7 negligent actions or omissions of the LESSEE, or of those person or entities for whose conduct the LESSEE is legally responsible, in which case the LESSEE shall immediately cause all necessary maintenance and

LESSEE agrees to be responsible for payment of the following:

1) All costs and expenses necessary to repair damage to those portions of the premises caused

2)

3) resonsibility of the LESSEE, at its sole expense.

4) LESSEE shall have carpet professionally cleaned in July of each season and the LESSOR shall have carpet professionally cleaned in November.

5) LESSEE shall have the hood and ancillary system professionally cleaned and serviced at the end of each season, on or before November 14th.

If the LESSEE shall fail to make any repairs and/or maintain the premises as described herein, or shall otherwise fail to comply with the foregoing, the LESSOR may, at its option and discretion, at any time thereafter, make such repairs and/or maintenance, or any of them, and any amount paid and any expense or liability incurred by LESSOR in doing so shall be reimbursed and fully paid by the LESSEE.

Notwithstanding any provision to the contrary, LESSEE shall at a minimum and at all times, fully comply with all federal, state and local laws and regulations, including but not limited to the Public Health and Sanitary regulations.

IX. LIENS

premises for labor and material furnished to LESSEE, or claimed to have been furnished to LESSEE in connection with work of any character performed or claimed to been performed at the direction of the LESSEE, or for any reason, and shall cause any such lien to be released of record forthwith without cost to timely and/or effectively obtain such, LESSEE hereby agrees to reimburse LESSOR for all costs, fees and

X. ASSIGNMENT/SUBLEASING

written consent. Notwithstanding such consent, LESSEE shall remain liable to LESSOR for the payment of all rent and for the full performance of the covenants and conditions of this lease. LESSEE may contract out for services for breakfast. LESSEE will be responsible for supervision for such service, and shall remain primarily liable for any losses or damages of whatever kind and nature caused in part or fully by any such service provider.

Office or municipal office, and agrees that any action taken by LESSEE which fails to comply with this paragraph will be null and void and any document resulting therefrom will be of no force and effect.

XI.

The LESSOR or agents of the LESSOR may, at reasonable times, enter to view the leased premises and/or to show the premises, and may remove placards and signs not approved and affixed as herein provided, and may show the leased premises to others.

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The LESSOR or agents of the LESSOR may also, at reasonable times, enter in or upon the premises in order to make repairs, additions, renovations, alterations, whether relative to the interior of the premises or the exterior or otherwise, and engage in general construction activities as LESSOR should elect to do at abate or withhold rent, shall not be grounds to vacate the premises, and shall not be grounds upon which

XII. INDEMNIFICATION AND LIABILITY

The LESSEE hereby indemnifies and shall at all times save and hold harmless the LESSOR, its officers, and wage claims), demands, suits, actions, liabilities, damages, penalties, judgments, and costs and anyone to the extent caused by, arising out of, or occasioned wholly or partly by the negligent and/or wrongful act, omission, conduct, performance, activity, or operation of the LESSEE, or any of its agents and employees or its private guests and invitees.

Upon knowledge of such, the LESSEE, shall immediately notify LESSOR of any defects in any condition of the premises. If the LESSEE fails to so notify LESSOR, the LESSEE shall save the LESSOR harmless from all loss, damage and/or injury to any property or person occasioned by any condition of the premises which the LESSEE knew or should have known with due diligence was either defective of otherwise presented a risk to such property or persons.

XIII.

The LESSEE shall maintain at its own expense, with respect to the leased premises and the property of which the leased premises are a part, comprehensive public liability insurance in the amount of $1,000,000 with property damage insurance in limits of $500,000 per occurrence and an aggregate annual limit of at least $1,000,000, which is the full replacement value of said premises, in responsible companies qualified to do business in Massachusetts and in good standing therein insuring the LESSOR, as additional named insured, as well as LESSEE against injury to persons or damage to property as provided.

The LESSEE shall deposit with the LESSOR certificates for such insurance at or prior to the commencement of the term, and thereafter within thirty (30) days prior to the expiration of any such policies. All such insurance certificates shall provide that such policies shall not be canceled without at least ten (10) days prior written notice to each insured named therein.

XIV. FIRE, CASUALTY

Should a substantial portion of the leased premises, or the property of which it is a part, be substantially damaged by fire or other casualty, the LESSOR may elect to terminate this lease. When such fire, casualty, or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made and the LESSEE may elect to terminate this lease.

XV. DEFAULT AND BANKRUPTCY

In the event that:

(a) The LESSEE shall default in the payment of rent or any other sum due and owing to LESSOR, and such default shall continue for ten (10) days after written notice thereof; or

(b) covenants, agreements, or obligations hereunder and such default shall not be corrected within thirty (30) days after written notice thereof; or

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(c) The LESSEE shall be declared bankrupt or insolvent according to law, or, if any then the LESSOR shall have the right thereafter, while such default continues, without prior notice or demand to LESSEE, to re-enter and take complete possession of the leased premises, to declare the term of this lease ended, to physically expel the LESSEE and all those claiming through and under LESSEE, and any remedies which might be otherwise used for arrears of rent or other default. The LESSEE shall indemnify the LESSOR against all loss of rent and other payments which the LESSOR may incur by reason of such termination during the residue of the term.

If the LESSEE shall default, after reasonable notice thereof, in the observance or performance of any provisions in any article of this lease, the LESSOR, without being under any obligation to do so and without thereby waiving such default, may remedy such default for the account at the expense of the

LESSEE.

If the LESSOR makes any expenditures or incurs any obligations for the payment of money in connection obligations insured, shall be immediately paid to the LESSOR by the LESSEE.

The LESSOR shall notify the LESSEE of the said failure to comply before such legal action is initiated by at least 30 days written notice sent to the premises by certified mail and regular first class mail, postage prepaid.

XVI. SURRENDER

effects from the leased premises, (including, without limiting the generality of the foregoing, all signs and lettering affixed or painted by the LESSEE, either inside or outside the leased premises). LESSEE shall deliver to the LESSOR the leased premises and all keys, locks thereto, and other fixtures connected therewith and all alterations and additions made to or upon the lease premises, in good condition, only liability to LESSEE for loss or damage thereto, and at the sole risk of the LESSEE, to remove and store any private sale, without notice to LESSEE, to the extent permitted by law, any or all of the property not so removed and to apply the net proceeds of such sale to the payment of any sum hereunder, or to destroy such property.

XVII. SEVERABILITY

If any one or more terms, provisions, covenants, releases, disclaimers or restrictions of this Lease is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants, releases, disclaimers and restrictions of this Lease shall remain in full force and effect, and in no way shall be effected, impaired or invalidated.

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IN WITNESS WHEREOF, the said parties hereunto set their hands and seals.

City of Gardner, By its Mayor

Michael J. Nicholson, Mayor LESSEE (Name of Business on Line Above)

City of Gardner Purchasing Agent Authorized Signature of LESSEE

Approved as to form: GARDNER GOLF COMMISSION

City of Gardner City Solicitor Chairman

City of Gardner City Auditor