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Home My WebLink AboutCotuit Highground Golf Club Club AA App 102225The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 95 Fourth Street, Suite 3, Chelsea, MA 02150-2358 www.mass.gov/abcc RETAIL ALCOHOLIC BEVERAGES LICENSE APPLICATION MONETARY TRANSMITTAL FORM APPLICATION FOR A TRANSFER OF LICENSE APPLICATION SHOULD BE COMPLETED ON-LINE, PRINTED, SIGNED, AND SUBMITTED TO THE LOCAL LICENSING AUTHORITY. ECRT CODE: RETA Please make $200.00 payment here: ABCC PAYMENT WEBSITE PAYMENT MUST DENOTE THE NAME OF THE LICENSEE CORPORATION, LLC, PARTNERSHIP, OR INDIVIDUAL AND INCLUDE THE PAYMENT RECEIPT ABCC LICENSE NUMBER (IF AN EXISTING LICENSEE, CAN BE OBTAINED FROM THE CITY) ENTITY/ LICENSEE NAME ADDRESS CITY/TOWN STATE ZIP CODE For the following transactions (Check all that apply): New License Transfer of License Change of Location Alteration of Licensed Premises Change of Class (i.e. Annual / Seasonal) Change of License Type (i.e. club / restaurant) Change Corporate Structure (i.e. Corp / LLC) Pledge of Collateral (i.e. License/Stock) Change of Manager Change Corporate Name Change of Category (i.e. All Alcohol/Wine, Malt) Management/Operating Agreement Change of Officers/ Directors/LLC Managers Change of Ownership Interest (LLC Members/ LLP Partners, Trustees) Issuance/Transfer of Stock/New Stockholder Other Change of Hours Change of DBA THE LOCAL LICENSING AUTHORITY MUST SUBMIT THIS APPLICATION ONCE APPROVED VIA THE ePLACE PORTAL Alcoholic Beverages Control Commission 95 Fourth Street, Suite 3 Chelsea, MA 02150-2358 00110-cl-0070s Cotuit highground golf club, inc 31 Crockers neck road cotuit ma 02635 1.TRANSACTION INFORMATION Transfer of License Change of Location Management/Operating Agreement Pledge of Inventory Pledge of License Pledge of Stock Other the intended theme or concept of the business operation. Attach additional pages, if necessary. 2.LICENSE CLASSIFICATION INFORMATION ON/OFF-PREMISES TYPE CATEGORY Change of Class Change of Category Change of License Type CLASS 3.BUSINESS ENTITY INFORMATION The entity that will be issued the license and have operational control of the premises. FEIN Name DBA Manager of Record Address Phone Email Add'l Phone Website 4.DESCRIPTION OF PREMISES specific changes from the last approved description. You must also submit a floor plan. Total Sq. Footage Seating Capacity Occupancy Number Number of Entrances Number of Exits Number of Floors The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 95 Fourth Street, Suite 3, Chelsea, MA 02150-2358 www.mass.gov/abcc APPLICATION FOR A TRANSFER OF LICENSE Municipality 1 liquor license transfer for a 9 hole par 3 golf course. no change to concept planned. 00110-cl-0070s 1000 43 63 5 5 3 barnstable On-Premises §12 Club All Alcohol Seasonal 39-4363731 highgrounds77, inc. Cotuit Highgrounds golf course Michael clark 6176505353 5082748122 none 3 story golf clubhouse. one open room on lower and upper levels for storage. one open room with two bathrooms on middle service level with small kitchen and bar/seating area. APPLICATION FOR A TRANSFER OF LICENSE By what means is the 6.PROPOSED OFFICERS, STOCK OR OWNERSHIP INTEREST List all individuals or entities that will have a direct or indirect, beneficial or financial interest in this license (E.g. Stockholders, Officers, Directors, LLC Managers, LLC Members, LLP Partners, Trustees etc.). Attach additional page(s) provided, if necessary, utilizing Addendum A. •The individuals and titles listed in this section must be identical to those filed with the Massachusetts Secretary of State. •The individuals identified in this section, as well as the proposed Manager of Record, must complete a CORI Release Form. •Please note the following statutory requirements for Directors and LLC Managers: On Premises (E.g.Restaurant/ Club/Hotel) Directors or LLC Managers - At least 50% must be US citizens; Off Premises(Liquor Store) Directors or LLC Managers - All must be US citizens and a majority must be Massachusetts residents. •If you are a Multi-Tiered Organization, please attach a flow chart identifying each corporate interest and the individual owners of each entity as well as the Articles of Organization for each corporate entity. Every individual must be identified in Addendum A. Name of Principal Residential Address SSN DOB Title and or Position Percentage of Ownership Director/ LLC Manager US Citizen MA Resident Name of Principal Residential Address SSN DOB Title and or Position Percentage of Ownership Director/ LLC Manager US Citizen MA Resident Name of Principal Residential Address SSN DOB Title and or Position Percentage of Ownership Director/ LLC Manager US Citizen MA Resident Name of Principal Residential Address SSN DOB Title and or Position Percentage of Ownership Director/ LLC Manager US Citizen MA Resident Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No 2 5.CURRENT OFFICERS, STOCK OR OWNERSHIP INTEREST Transferor Entity Name license being transferred? List the individuals and entities of the current ownership. Attach additional pages if necessary utilizing the format below. Name of Principal Title/Position Percentage of Ownership Name of Principal Title/Position Percentage of Ownership Name of Principal Title/Position Percentage of Ownership Name of Principal Title/Position Percentage of Ownership Name of Principal Title/Position Percentage of Ownership cotuit Highgrounds golf club, inc. president 25 rose francis treasurer/secretary 25 patricia boger director 25 stephen heher director 25 Michael clark president 100 Paul Michael Herer Other (Attach Explanation) 6A. INTEREST IN AN ALCOHOLIC BEVERAGES LICENSE necessary, utilizing the table format below. Yes No 6B. PREVIOUSLY HELD INTEREST IN AN ALCOHOLIC BEVERAGES LICENSE interest in a license to sell alcoholic beverages, which is not presently held? Yes No APPLICATION FOR A TRANSFER OF LICENSE 6.PROPOSED OFFICERS, STOCK OR OWNERSHIP INTEREST (Continued...) Name of Principal Residential Address SSN DOB Title and or Position Percentage of Ownership Director/ LLC Manager US Citizen MA Resident Name of Principal Residential Address SSN DOB Title and or Position Percentage of Ownership Director/ LLC Manager US Citizen MA Resident Name of Principal Residential Address SSN DOB Title and or Position Percentage of Ownership Director/ LLC Manager US Citizen MA Resident Additional pages attached? CRIMINAL HISTORY Has any individual listed in question 6, and applicable attachments, ever been convicted of a State, Federal or Military Crime? If yes, attach an affidavit providing the details of any and all convictions. Name License Type License Name Municipality Name License Type License Name 3 Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Michael clark restaurant norwood77, inc falmouth Michael clark restaurant clartin, inc.Cotuit 6C. DISCLOSURE OF LICENSE DISCIPLINARY ACTION Yes No 7.CORPORATE STRUCTURE Yes No OCCUPANCY OF PREMISES • • • of intent to lease, signed by the applicant and the landlord, is required. •If the real estate and business are owned by the same individuals listed in question 6, either individually or through separate business entities, a signed copy of a lease between the two entities is required. Landlord Name Landlord Phone Landlord Email Landlord Address Lease Beginning Date Lease Ending Date Will the Landlord receive revenue based on percentage of alcohol sales?Yes No 9.APPLICATION CONTACT Name: Phone: APPLICATION FOR A TRANSFER OF LICENSE Date of Action Name of License City Reason for suspension, revocation or cancellation 4 Corporation 09-10-2025 Massachusetts Lease Barnstable Land Trust 215-806-8847 janet@blt.org 1540 Main Street west barnstable, ma 02668 10-22-25 10-21-30 0 30,000.00 Michael clark Owner 6176505353 11.PLEDGE INFORMATION Please provide signed pledge documentation. Yes No License Stock Inventory To whom is the pledge being made? APPLICATION FOR A TRANSFER OF LICENSE 10.FINANCIAL DISCLOSURE A.Purchase Price for Real Estate B.Purchase Price for Business Assets C.Other* (Please specify) D.Total Cost *Other: (i.e. Costs associated with License Transaction including but not limited to: Property price, Business Assets, Renovations costs, Construction costs, Initial Start-up costs, Inventory costs, or specify other costs):” SOURCE OF CASH CONTRIBUTION Please provide documentation of available funds. (E.g. Bank or other Financial institution Statements, Bank Letter, etc.) Name of Contributor Amount of Contribution Total: SOURCE OF FINANCING Please provide signed financing documentation. Name of Lender Amount Type of Financing Is the lender a licensee pursuant to M.G.L. Ch. 138. Yes No Yes No Yes No Yes No FINANCIAL INFORMATION Provide a detailed explanation of the form(s) and source(s) of funding for the cost identified above. 5 0 0 10,000.00 0 Michael clark 10,000.00 10,000.00 All funding will be self financed. No business sale involved or real estate purchases. Start up money for licensing, permitting, initial payroll and initial purchase of goods. I have attached a bank statement to show I have the funds to self finance this project. C.EMPLOYMENT INFORMATION B.CITIZENSHIP/BACKGROUND INFORMATION YesAre you a U.S. Citizen/4uDOLILed$OLenundeUtKe,mmLJUDtLonDnd1DtLonDOLt\$ct? If yes, attach one of the following documents: US Passport, Voter's Certificate, Birth Certificate Naturalization Papers3eUmDnent5esLdent&DUd*Ueen &DUdoU(mSOo\ment$utKoUL]DtLon'ocument. Have you ever been convicted of a state, federal, or military crime? Yes No If yes, fill out the table below and attach an affidavit providing the details of any and all convictions. Attach additional pages, if necessary, utilizing the format below. Date Municipality Charge Disposition Start Date End Date Position Employer Supervisor Name D.PRIOR DISCIPLINARY ACTION Have you held a beneficial or financial interest in, or been the manager of, a license to sell alcoholic beverages that was subject to disciplinary action? Yes No If yes, please fill out the table. Attach additional pages, if necessary,utilizing the format below. Date of Action Name of License State City Reason for suspension, revocation or cancellation I hereby swear under the pains and penalties of perjury that the information I have provided in this application is true and accurate: Manager's Signature Date 6 12.MANAGER APPLICATION A.MANAGER INFORMATION The individual that has been appointed to manage and control the licensed business and premises. Proposed Manager Name SSN Address Email Phone Please indicate how many hours per week you intend to be on the licensed premises 1o Michael clark 6176505353 1999 2002 teacher arch diocese of boston susan degnan 2000 2006 bar tender flying bridge restaurant Tyler hayes 2007 2022 owner clartin, inc.self 2020 present owner norwood77, inc.self 30 09-29-2025 ADDITIONAL INFORMATION Please utilize this space to provide any additional information that will support your application or to clarify any answers provided above. part 5 asks for explanation of the transfer. current owners are retiring from ownership and have sold the property to the barnstable land trust. the barnstable land trust is leasing me the property. current owners are helping to facilitate the transfer and are not seeking compensation. they are staying on as employees. APPLICANT'S STATEMENT I, the: sole proprietor; partner; corporate principal; LLC/LLP manager Authorized Signatory of Name of the Entity/Corporation hereby submit this application (hereinafter the “Application”), to the local licensing authority (the “LLA”) and the Alcoholic Beverages Control Commission (the “ABCC” and together with the LLA collectively the “Licensing Authorities”) for approval. I do hereby declare under the pains and penalties of perjury that I have personal knowledge of the information submitted in the Application, and as such affirm that all statements and representations therein are true to the best of my knowledge and belief. I further submit the following to be true and accurate: (1)I understand that each representation in this Application is material to the Licensing Authorities' decision on the Application and that the Licensing Authorities will rely on each and every answer in the Application and accompanying documents in reaching its decision; (2)I state that the location and description of the proposed licensed premises are in compliance with state and local laws and regulations; (3)I understand that while the Application is pending, I must notify the Licensing Authorities of any change in the information submitted therein. I understand that failure to give such notice to the Licensing Authorities may result in disapproval of the Application; (4)I understand that upon approval of the Application, I must notify the Licensing Authorities of any change in the ownership as approved by the Licensing Authorities. I understand that failure to give such notice to the Licensing Authorities may result in sanctions including revocation of any license for which this Application is submitted; (5)I understand that the licensee will be bound by the statements and representations made in the Application, including, but not limited to the identity of persons with an ownership or financial interest in the license; (6)I understand that all statements and representations made become conditions of the license; (7)I understand that any physical alterations to or changes to the size of the area used for the sale, delivery, storage, or consumption of alcoholic beverages, must be reported to the Licensing Authorities and may require the prior approval of the Licensing Authorities; (8)I understand that the licensee's failure to operate the licensed premises in accordance with the statements and representations made in the Application may result in sanctions, including the revocation of any license for which the Application was submitted; and (9)I understand that any false statement or misrepresentation will constitute cause for disapproval of the Application or sanctions including revocation of any license for which this Application is submitted. (10)I confirm that the applicant corporation and each individual listed in the ownership section of the application is in good standing with the Massachusetts Department of Revenue and has complied with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting of child support. Signature: Date: Title: Michael clark highgrounds77, inc. 09-29-2025 owner CORPORATE VOTE The Board of Directors or LLC Managers of Entity Name duly voted to apply to the Licensing Authority of and the City/Town Commonwealth of Massachusetts Alcoholic Beverages Control Commission on Date of Meeting For the following transactions (Check all that apply): New License Transfer of License Change of Location Alteration of Licensed Premises Change of Class (i.e. Annual / Seasonal) Change of License Type (i.e. club / restaurant) Change Corporate Structure (i.e. Corp / LLC) Pledge of Collateral (i.e. License/Stock) Change of Manager Change Corporate Name Change of Category (i.e. All Alcohol/Wine, Malt) Management/Operating Agreement Change of Officers/ Directors/LLC Managers Change of Ownership Interest (LLC Members/ LLP Partners, Trustees) Issuance/Transfer of Stock/New Stockholder Other Change of Hours Change of DBA “VOTED: To authorize Name of Person to sign the application submitted and to execute on the Entity's behalf, any necessary papers and do all things required to have the application granted.” “VOTED: To appoint Name of Liquor License Manager as its manager of record, and hereby grant him or her with full authority and control of the premises described in the license and authority and control of the conduct of all business therein as the licensee itself could in any way have and exercise if it were a natural person residing in the Commonwealth of Massachusetts.” A true copy attest, For Corporations ONLY A true copy attest, Corporate Officer /LLC Manager Signature Corporation Clerk's Signature (Print Name) (Print Name) Michael clark Michael clark highgrounds77, inc. barnstable 09-29-2025 Michael clark Michael clark Commonwealth of Massachusetts Town of Barnstable Licensing Division 367 Main Street, Hyannis, MA Phone: (508) 862-4674 Floor Plan Approval Permit Number: FPR-25-9 Issue Date: October 1, 2025 Business/Corporati on:highgrounds77, inc. DBA:Cotuit Highgrounds Location:31 CROCKERS NECK ROAD Cotuit MA 02635 The Floor Plan(s) listed below have been approved and may proceed to Licensing. Corporate and Doing Business As Name:Dated:Title of Plan: Highgrounds 77 Inc.September 29, 2025 HG Floor Plan 2025 Any changes in the ﬂoor plan or any renovations of any kind may not be made without notiﬁcation to the Licensing Authority and the approval of the Licensing Authority. This includes substantial changes in the arrangement of moveable furniture. Comments & Restrictions Building: Plumbing and Gas approved of 45 seats in total, per applicant comments that there are 2 toilets in the women's room as well as 1 toilet and 1 urinal in the men's room. Both restrooms are ADA Accessible. Fire District: Health:Approved for 45 seats; 27 inside, 18 outside. Also, need to apply for a new seasonal food permit. Licensing:Approved for 45 seats; 27 inside, 18 outside. Erin Logan Licensing Director This approval is valid until (1) replaced by an updated plan from the same applicant or (2) if ownership changes hands at which time a new ﬂoor plan must be approved. Town of Barnstable, MA October 17, 2025 ENTR-166 Entertainment License Status: Active Submitted On: 10/1/2025 Primary Location 31 CROCKERS NECK ROAD Cotuit , MA 02635 Owner BOGER, PATRICIA M ET AL PO BOX 1971 COTUIT, MA 02635 Applicant Michael clark Business Information Corporate Name* HIGHGROUNDS77, INC. DBA Cotuit Highgrounds Golf Club Business Street Address* 6 KEEL DE SAC Business Phone Number* 6176505353 Manager* MICHAEL CLARK Manager Phone* 6176505353 Manager Email*Annual/Seasonal* Seasonal Do you own the property or rent?* Rent Type of Entertainment License* Non-Live Entertainment Are you licensed for serving food* Yes Are you licensed for serving alcohol* Yes 10/17/25, 1:36 PM ENTR-166 https://barnstablema.workflow.opengov.com/#/explore/records/472655/details 1/3 Non-Live Entertainment Click all that apply Cinema Light Show Pool Tables Coin-Operated Machines Video Games Jukebox Recorded Music/Cd Player/Radio Noise Level for Recorded Music* Above Conversation Level T.V.'s Number of TV's* 3 Music Video All Entertainment Must Cease at 12:45 AM per Licensing Authority Sunday Non-Live Entertainment Hours* 12PM-12AM Monday Non-Live Entertainment Hours* 8AM-10PM 10/17/25, 1:36 PM ENTR-166 https://barnstablema.workflow.opengov.com/#/explore/records/472655/details 2/3 Tuesday Non-Live Entertainment Hours* 8AM-10PM Wednesday Non-Live Entertainment Hours* 8AM-10PM Thursday Non-Live Entertainment Hours* 8AM-10PM Friday Non-Live Entertainment Hours* 8AM-10PM Saturday Non-Live Entertainment Hours* 8AM-10PM Applicant Signature Signature of Applicant* MICHAEL CLARK Oct 1, 2025 10/17/25, 1:36 PM ENTR-166 https://barnstablema.workflow.opengov.com/#/explore/records/472655/details 3/3 1EXHIBIT ACOMMERCIAL LEASETHIS COMMERCIAL LEASE made this day of, 2025, by andbetween BARNSTABLE LAND TRUST, INC., a Massachusetts non-profit corporationwith a principal place of business at 1540 Main Street, West Barnstable, MA 02668,(hereinafter referred to as "Landlord" or "Lessor"), and COTUIT HIGHGROUNDGOLF CLUB, INC., a Massachusetts corporation with a mailing address of 86 GroveStreet, Cotuit, MA 02635(assignable to Michael Clark, 6 Keel de Sac, Falmouth, MA02540 at closing on the real estate to BLT)(hereinafter referred to as "Tenant" or"Lessee").Section 1- Leased PremisesArticle 1- PremisesIn consideration of the mutual covenants and agreements herein contained, Lessorhereby leases to Lessee the premises known and numbered as 30 and 31 Crocker's NeckRoad, Cotuit, Massachusetts, consisting of the following: 30 Crocker's Neck Road -land and any buildings thereon, shown on the Barnstable Assessor's Map 20 as Parcel93.001, consisting of approximately 1 acre, and 31 Crocker's Neck Road - land and anybuildings thereon, shown on the Barnstable Assessor's Map 20 as Parcel 97, consisting ofapproximately 9.61 acres, collectively shown as the "Golf Course" on a plan of landentitled "Cotuit Highland" made by Bates and Chellman, Engineers, dated July 1, 1926,recorded in the Barnstable County Registry of Deeds in Plan Book 19, Page 143, as wellas Lots 141, 142 and Parcel A, Parcel B on the plan in Plan Book 98, Page 23, Lot 47 onthe plan in Plan Book 15, Page 67 (a/k/a unnumbered lot to northeast of lot 140 on planin Plan Book 19, Page 143, and Parcel A on plan in Plan Book 124, Page 95, alldescribed in a deed recorded in the Barnstable County Registry of Deeds in BookPage, and operated as the Cotuit Highground Golf Course (hereinafter referred toas the "Leased Premises"). The property is being leased on an as-is basis.Article 2- TermSection 1- Original TermThis lease shall be for a term (the "Original Term") of Five (5) years,commencing on October 252025 and terminating October 24, 2030. The lease may beextended with approval of both parties.Article 3- RentSection 1- Rent PayeeRent checks shall be made at the beginning of the Lease Year during the term but 2subject to Section 17.Section 2- Lease YearThe term "Lease Year" shall mean a period from the start of the lease to the sameday of the subsequent calendar year. Subsequent Lease Years shall run consecutively,each beginning on the day following the completion of the previous Lease Year.Section 3 - Net Minimum RentLessee shall pay annually, commencing on October 25, 2025, as rent the sum ofThirty thousand and 00/100 ($30,000.00) Dollars annually, said sum to be paid on thefirst day of each year of the three-year term. A three percent escalation fee shall be addedafter each year.Landlord acknowledges receipt of first term's rent of $30,000.00, last month'srent of $0.00 and a Security Deposit of $0.00 which Landlord shall hold in a non-interestbearing account.Section 4- Expenses.Tenant will pay all personal property taxes assessed against the assets located atthe property. In addition to personal property taxes, Tenant shall also be responsible forall operating costs, maintenance, utilities, insurance for the contents of the building, andrepairs.Article 4 - Improvements, Maintenance of GroundsSection 1- Condition of Premisesand Additional RentLessee is fully aware of the condition of the Leased Premises as they presentlyexist, and agrees to take the same on a strictly "as is" basis; that is, except as otherwiseprovided herein, Landlord shall have absolutely no obligation whatsoever with respectthereto. Notwithstanding the foregoing, the Lessor represents that it has full right, powerand authority to enter into this Lease for the term herein granted.Section 2- Additional ChargesThe Lessee shall be solely responsible for providing for the maintenance of allland and buildings, as presently maintained as a golf course andclubhouse, to include the 3maintenance of all grounds, systems (septic, sprinklers, furnaces, sprinkler system (ifany)), full maintenance of all structures and all of their systems, snow removal and iceremoval of all parking and walking areas, maintenance of all parking and walking areas,removal of garbage generated by Lessee's business, as well as maintaining all utilitiessupplied to the Property.Lessee agrees that this work shall also include the removal of any dead or damaged treeson the property, and shall only be done with the prior written consent of the Landlordwhich shall not be unreasonably withheld.Section 3- Additional RentShould the Lessor incur any expenses in performing the obligations of the Lesseehereunder or in paying charges which are the Lessee's obligation hereunder, the Lesseeshall pay, in one lump sum, to the person to whom rent is payable, as additional rent, thetotal costs so incurred by the Lessor.Article 5- Improvements: Maintenance and RepairsSection 1 - Lessee's ObligationsWith respect to the Leased Premises occupied or used by the Lessee, the Lesseeagrees to:(a) make all repairs necessitated by the negligence of Lessee, its agents,employees, licensees, invitees or contractors;(b) keep neat and clean and maintain in good order, appearance, condition andrepair the demised premises and every part thereof, including without limitation, allfixtures and interior walls, floors, ceilings and signs of the Lessee (including exteriorsigns attached to the Leased Premises, where permitted);(c) replace all plate glass broken or damaged, unless caused by faulty constructionor the settling of the building;(d) make all other necessary repairs not required to be made by the Lessor,including the ordinary day-to-day maintenance of the air conditioner presently servicingthe Leased Premises; and(e) keep the Leased Premises in a clean, sanitary and safe condition in accordancewith all applicable laws, ordinances, bylaws and all rules and regulations of all properofficers of the governmental agencies having jurisdiction there over, and not to permit orcommit any waste.(f) to perform major repairs on or to replace, if necessary, the air conditioning 4unit presently servicing the Leased Premises.(g) make all necessary repairs to the exterior and structural portions of the saidimprovements, including, but not limited to roofs, walls and exterior doors and exteriorwindows if the exterior windows were broken or damaged by faulty construction orsettling of the building and parking areas and grounds, but excluding Lessee's signs andexcept those repairs required to be made hereunder by the Lessee;(h) maintain adequate connections with the local water supply, sewage or septicsystems, gas, electrical and other utilities and maintain all said systems and lines to thepoint where they enter the structure.Section 2- Lessor's ObligationsWith respect to the Leased Premises, the Lessor agrees that itshall have noobligation to make any repairs, replacements, or to perform maintenance on any portionof the property or buildings, as that obligation lies solely with the Lessee. However,Landlord reserves the right to conduct any obligations of the Lessee, which the Lesseefails or refuses to do after reasonable written notice, and the cost of same shall be borneby Lessee.Section 1- Lessee's UtilitiesArticle 6- UtilitiesThe Lessee shall pay for all of the requirements for utilities, including gas,electricity, telephone charges and air-conditioning in the Leased Premises, and all wateruse charges, ifany.Article 7- Use of PremisesSection 1- Lessee's Use of PremisesIt is understood, and the Lessee so agrees, that the Leased Premises shall be usedand occupied by the Lessee only for the operation of a golf course with clubhouse, and asingle residential rental unit. In the event Lessee elects to change the use of the LeasedPremises, it shall so notify Lessor and request the Lessor's consent in writing, whichconsent shall not be unreasonably withheld or delayed, understanding that the Lessordesires to maintain the property in its natural state.Section 2- Lessor's AlterationsLessee shall, at its expense from time to time, make any alterations,improvements or additions to the Leased Premises that may be required on account ofany existing or future laws, ordinances or regulations of lawful authority, including S alterations, improvements or additions to the Leased Premises as may be required byreason of the nature of Lessee's business. If because of any such law, ordinance orregulation, or the work to be done by Lessee in connection therewith, Lessee is deprivedof the use of the Leased Premises, the rents and other charges to be paid by Lesseehereunder shall abate during the period of such deprivation.Section 3- Lessee's AlterationsLessee may at its expense from time to time make alterations, changes orimprovements in, on and to the Leased Premises which it may deem necessary ordesirable, with the prior written approval of Lessor, which approval shall not beunreasonably withheld or delayed. Said alterations shall be made in accordance with allapplicable laws, and in a good and first-class, workmanlike manner. Lessee shall berequired, at Lessor's option, to remove any such alterations, changes or improvements atany time before or within ten (10) days following the termination of this Lease by lapseof time or otherwise. This Section shall not apply to any alterations, changes orimprovements which constitute Tenant's Construction provided for hereinbelow andmade in connection with Tenant's initial occupancy of the Leased Premises.Section 4- LiensLessee shall keep the Leased Premises free from any mechanics' or materialmensliens for any labor or material furnished Lessee in connection with the Leased Premises,except that Lessee shall have the right to contest the validity or amount of any such lien.Section 5- Fixtures and PersonaltyAny fixtures, personalty, equipment or other property; however attached to,incorporated in or lying within the Leased Premises belonging to the Lessee or its sub-tenants or licensees, are to be and remain their property, and they shall have the right toremove them at any time before or within ten (10) days following the termination of theLease, by lapse of time or otherwise, provided Lessee shall repair any damage caused bysuch removal.Section 6- SignsSubject to all applicable laws, ordinances or regulations, Lessee shall have theright to place a sign or signs on the Leased Premises, which sign(s) shall be prepared atLessee's expense. Lessor reserves the right to approve said sign(s) prior to theirplacement on the Leased Premises; provided, however, that such approval shall not beunreasonably withheld or delayed. Tenant also is entitled to space on a pylon or similarsign at the street entrance to the building of which the Leased Premises are a part incommon with the other tenants of said building.Section 7- Miscellany 6Lessee agrees to conform to the following provisions during the entire term ofthis Lease:(a) No auction, fire or bankruptcy sales may be conducted within the LeasedPremises without the previous written consent of the Lessor;(b) Lessee shall not perform any act or carry on any practice which may injure theLeased Premises or cause any offensive odors or loud noise (including, but withoutlimitation, the use of loudspeakers), or constitute a nuisance or a menace to the generalpublic, and in no event shall any noises or odors be emitted from the Leased Premises;and(c) Lessee shall not use any portion of the Leased Premises for storage or otherservices except for its operations in the Leased Premises and in no event shall any noisesor odors be emitted beyond the property of which the Leased Premises are a part.(d) the Lessee shall maintain and service the premises and its appurtenances at thesame level of effort and expense as the Lessee has maintained or serviced the premises asa golf course, clubhouse and residential unit, during the time that the Lessee owned theproperty, prior to the date of this lease.Section 8- Assignment of LeaseNotwithstanding any other provisions of this Lease, this Lease may not beassigned except as provided herein and Lessee covenants and agrees that itwill notassign this Lease or sublet the same (which term, without limitation, shall include thegranting of concessions, licenses and the like)..If Lessee isa corporation and if at any time during the term of this Lease theperson or persons who own a majority of its voting shares at the time of the execution ofthis Lease cease to own a majority of such shares (except as the result of transfer by gift,bequest or inheritance and excepting the circumstances outlined in the first paragraph ofthis Section 8 of Article 7hereinabove), the Lessee shall so notify the Lessor, and if, inthe reasonable judgment of the Lessor, the Lessor's interests hereunder may be affectedadversely by such event, the Lessor may terminate this Lease by notice to the Lesseegiven within ninety (90) days thereafter.Lessee agrees that it shall be entitled to sublease the residential rental unit on theproperty, but only with the Lessor's prior written consent, which shall be a condition ofthe lease, and for terms which are not longer than the term of this Lease.Article 8- Indemnity and Public Liability InsuranceSection 1- Indemnification 7To the extent permitted by law, the Lessee agrees to indemnify, save and holdharmless the Lessor from and against any and all claims of whatever nature arising fromany intentional act or omission or negligence of the Lessee or Lessee's contractors,invitees, licensees, agents, servants, guests or employees occurring during the termhereof, in or on the Leased Premises unless caused by the act, omission or negligence ofLessor, its contractors, invitees, licensees, agents, servants, guests or employees. Thisindemnity and hold-harmless agreement shall include indemnity against all costs,expenses and liabilities incurred in or in connection with any such claim or proceedingbrought thereon, and the defense thereof, including reasonable attorney's fees.Section 2 - Lessee's InsuranceThe Lessee agrees to maintain in full force during the term hereof a policy ofpublic liability and property damage insurance under which the Lessor (and such otherpersons as are in privity of estate with the Lessor as may be set out in notice from time totime) and the Lessee are named as insured. Each such policy shall be non-cancelablewith respect to the Lessor, and Lessor's said designees without thirty (30) days writtennotice to the Lessor and a duplicate original or certificate thereof shall be delivered to theLessor. The minimum limits of liability of such insurance shall be One Million and00/100 ($1,000,000.00) Dollars for injury (or death) to any one person, and One Millionand 00/100 ($1,000,000.00) Dollars for injury (or death) to more than one person, andThree Hundred Thousand and 00/100 ($300,000.00) Dollars with respect to damage toproperty.Section 3 - Lessor's InsuranceThe Lessor agrees to maintain in full force during the term hereof a policy ofbuildings coverage in the amount of the replacement value thereof.Section 4- Use of Premises at Own RiskTo the extent permitted by law, the Lessee agrees to use and occupy the LeasedPremises as itis herein given the right to use at its own risk; and that the Lessor shallhave no responsibility or liability for any loss of or damage to fixtures or other personalproperty of the Lessee, unless such loss of or damage to fixtures or other personalproperty of the Lessee is caused by the act, omission or negligence of the Lessor, itsagents, servants, employees, contractors, guests or invitees. The provisions of thisSection shall apply during the whole of the term hereof.Section 5- Modification of ProvisionsThe foregoing provisions of this Article (as well as any and all other provisionsdealing with indemnity and the like, by the Lessee of the Lessor) shall be deemed to bemodified in each case by the insertion in the appropriate place of the language: "except as