FOLLANSBEE AND MCLEOD, LLP

ATTORNEYS AT LAW

536 GRANITE STREET, 3RD FLOOR EAST BRAINTREE, MASSACHUSETTS 02184

TELEPHONE (781) 848-1500 FACSIMILE (781) 848-2220

April 22, 2012 Leonard Kesten, Esq. Brody, Hardoon, Perkins & Kesten, PC 1 Exeter Plaza, 12th Floor Boston, MA 02116 Re: Johnson Golf Management v. Town of Duxbury et al Middlesex Superior Court, Docket No. 08-04641-B FOR SETTLEMENT PURPOSES ONLY Dear Lenny: As you requested, we are prepared to submit the following as an alternative to the demand for settlement of the above referenced action. Please see correspondence of March 13, 2012, resubmitted herewith, for underlying details. As you know, we have made multiple overtures to resolve this litigation without any response from the Town of Duxbury. Astonishingly, the recent deposition testimony of Ms. Elizabeth Sullivan indicates that she never read the settlement materials from my office or the settlement materials submitted directly from Mr. Johnson. Assuming for present purposes that she is to be believed, her testimony raises serious issues concerning the neglect of her duties as a Selectwoman. I do not have a copy of her transcript yet, but my notes indicate that she failed to follow the Town By-Laws regarding the engagement of counsel to defend the Town in the present litigation, costing the Town of Duxbury hundreds of thousands of dollars in needless legal fees. Had Ms. Sullivan and/or the other Selectmen fulfilled their responsibilities in January 2009, this case would have settled with no negative impact on the taxpayers of Duxbury. As you know, Johnson proposed a settlement one day after the Award Letter was executed by Richard MacDonald. The ensuing three and one half years of lies and misrepresentations by Duxbury officials have created the situation we find ourselves in today. In the event that the Town of Duxbury elects to forego an award of a contract to Johnson Golf as per my letter of March 13, 2012, my client has authorized me to submit the following alternate demand for settlement purposes:

1. 2. 3.

Duxbury Payment to Johnson Golf Management Termination of the current contract at North Hill.

$3,213,172.00

A new RFP process in which the original 2008 RFP will be re-issued, eliminating all of the references to comparable business enterprises and 18 hole tee time privileges. A stipulation from the Co-Defendants CALM Golf and Charles Lanzetta that neither CALM nor any other entity associated with Charles Lanzetta will be allowed to bid on the North Hill contract.

4.

Once again I refer you to G.L. c. 30B 17, which can be utilized to have Duxbury taxpayers reimbursed for the wrongful conduct of those who participated in the bid rigging. Upon settlement of this action, I will provide the Town of Duxbury with complete access to our files and the files of Johnson Golf Management to assist Duxbury in recovering compensation for its losses from the responsible parties. As I discussed with you on the phone yesterday, Johnson Golf will not finalize any settlement until we have completed the depositions of Gordon Cushing, Richard MacDonald, Elizabeth Sullivan, Robert Troy, Esq., John Britton, Andre Martecchini, Jon Witten, Esq., John Madden, Pamela Hagler, and the designee from Duxbury as the person most knowledgeable pursuant to Rule 30(B)6. Thank you for your attention.

Very truly yours, /s/ Stephen R. Follansbee Stephen R. Follansbee SRF/nb cc: Johnson Golf Management