May 16, 2023

In August 2022, negotiations began between the City of Watertown and the Watertown Golf Club
and One Thompson Park, LLC, for the sale of the Watertown golf course at Thompson Park. At
the direction of the parties over the four months this firm, on behalf of the Watertown Golf Club
and One Thompson Park, LLC, and Robert J. Slye, Esq., as the attorney for the City negotiated
and drafted the necessary documents, including an Asset Purchase Agreement, to complete the
transaction. At least eight (8) drafts of the Asset Purchase Agreement were prepared before the
final version as agreed to and executed in December 2022. Throughout the negotiations of the
Asset Purchase Agreement the City requested and required as part of the Agreement a detailed
list of the assets to be purchased. To that end the following language was included in the
Agreement:
“4. Additional Conditions, Warranties, and Understandings regarding purchase and sale of the
assets of The Club and 1TP:
a. A complete, detailed list of the personal property, fixtures, furnishings, and
equipment of The Club provided by The Club to The City and attached hereto as
Exhibit A.
b. A complete, detailed, list of said maintenance equipment, carts and golf-related parts
and accessories provided by 1TP to The City and attached hereto as Exhibit B.”
The two Exhibits referenced in the Agreement consisted of eleven (11) separate inventory
schedules, totaling twenty-four (24) pages, and listed everything from a Traulsen 2-door
Commercial Freezer to the number of 7” Stirrer Sticks (10,000). Nowhere in the Exhibits was the
“Golf Ball” sign listed.
Originally, the Watertown Golf Club and One Thompson Park, LLC were to complete, by April
1, 2023, maintenance and cleaning of the assets and facilities to be transferred, including the
removal of any assets and property of the two organizations which were not part of the sale to the
City. After the sale the parties amended this part of the transaction and our clients’ responsibility
for cleaning and maintenance was reduced to simply removing the assets and personal property
that were not part of the sale. It was during this time that the “Golf Ball” sign was removed.
Our clients never intended the “Golf Ball’ sign to be included in the sale and it was specifically
not included in the above-referenced Exhibits and inventory lists, and they believed based on the
language of the Asset Purchase Agreement, as above-referenced, it was clear that the sign was
not an asset (fixture) included in the sale. Obviously, the City believes that the sign is a fixture
that is part of the realty transferred.
It is now apparent that while the parties went to great lengths to identify every item of personal
property, fixtures, furnishings, and equipment to be transferred to the City we should have also
identified those items our clients were retaining. Had this been done, the misunderstanding that
has arisen over the ownership of the “Golf Ball” sign could have easily been avoided. As the
drafter of the Agreement this firm must take responsibility for this oversight.
After many discussions between this firm and the City’s present attorneys, Harris Beach, PLLC,
H. Todd Bullard, Esq., of counsel, our clients, through Michael Lundy, have agreed to resolve
this matter by relinquishing their claim to the “Golf Ball” sign and delivered the sign to the City,
at the Watertown Golf Club, this afternoon.

Young Law Office, PLLC

Michael F. Young, Esq., of counsel