130-22 Concession Agreement - RBG Hospitality - West Orange - Kemper Sports 4880-8824-4766 v.1.pdf

130-22 CONCESSION AGREEMENT BETWEEN TOWNSHIP OF WEST ORANGE AND RBG HOSPITALITY GROUP LLC WHEREAS, the Township owns the real property and improvements known as Rock Spring Club located in the Township of West Orange (“Property”); and WHEREAS, the Township has awarded a Management and Maintenance Agreement (the “Management Agreement”) to Kemper Sports Management Inc. (“KSM”); and WHEREAS, the Township has authorized KSM to enter into an agreement with RBG Hospitality Group Inc. (“RBG”) for the provision of food and catering services with regard to portions of the Property; and WHEREAS, KSM continues to provide valuable and critical services concerning the golf club, the halfway house, and maintenance of the Property; and WHEREAS, KSM has entered into an agreement with RBG wherein RBG’s provision of food and beverage services is limited to the Clubhouse; and WHEREAS, KSM will continue to provide food and beverage services with regard to the halfway house which serves golfers; NOW BE IT HEREBY AGREED between the Township and RBG as follows: 1. The recitals set forth above be and are hereby incorporated herein at length. 2. This agreement is contingent upon RBG entering into a binding agreement with KSM and providing the Township of West Orange with a Certificate of Insurance listing the Township as additional insured. 3. If RBG defaults on any of its obligations with KSM, this Agreement will automatically terminate and be of no further force and effect. 4. The Township authorizes RBG to sell alcoholic beverages for immediate consumption on those portions of the Property as set forth in the agreement by and between KSM and RBG and the Township authorizes and joins in RBG’s application for a concessionaire permit from the State of New Jersey Alcoholic Beverage Control pursuant to N.J.A.C. 13:2- 5.2(a) and any other applicable laws and regulations. 5. RBG shall comply with all applicable laws and regulations concerning the operation of this concession consistent with state and local laws. 6. The provisions herein are consistent with Resolution No. 286-21 adopted November 9, 2021 which approved RBG’s provision of food and beverage services concerning the Clubhouse.