Common use of SCOPE OF CONCESSION Clause in Contracts

SCOPE OF CONCESSION. A. Concessionaire shall be granted, under a Concession Agreement (“Agreement”), the non- exclusive, revocable right to rent boats and related equipment on an hourly basis at Shepherd Lake, except for rentals associated with Special Use Permits as specified in Subparagraph 1(K) (hereinafter referred to as the “Concession Operation”). Concessionaire’s operation shall be limited to the structure(s) or area(s) provided by Department for concession purposes and specifically designated in Exhibit A (hereinafter referred to as the “Concession Premises”). B. Concessionaire shall, as part of the Concession Operation, rent boats and related equipment for the sole purposes of the Agreement. Boats shall include, but not be limited to, canoes, kayaks, and electric motorized boats with less than ten (10) horsepower motor. Gas motorized boats of any kind are not permitted for rental as part of the Concession Operation by Concessionaire. C. Concessionaire’s operation and the Agreement shall not be construed so as to affect the privileges accorded to the public’s use of Shepherd Lake Recreation Area (“Area”), including public use of Shepherd Lake and the Concession Premises. Concessionaire’s operation shall not be construed so as to restrain or prevent individual persons or groups of persons from bringing their own boats and recreational equipment, or from bringing boats and recreational equipment rented from other boat-livery operations outside the Area, into the Area, including onto Shepherd Lake and the Concession Premises. D. Concessionaire must maintain a physical staff presence at the Concession Premises at all of the following times: while the Concession is open for business, and while boats and related equipment are in use on the Lake/Reservoir. Failure on the part of Concessionaire to maintain a staff presence at the Concession Premises while the Concession is open for business and while boats and related equipment are in use on the Lake/Reservoir constitutes a material breach of the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. E. All Concession customers must receive a properly rated and sized Personal Flotation Device (PFD). All boat rental customers twelve (12) and under must wear a PFD. It is the responsibility of Concessionaire to ensure compliance with the wearing of PFDs. All PFDs must be in serviceable condition with the proper Coast Guard rating and tags, and may not exhibit deterioration that could diminish performance. Any damaged PFDs or PFDs without proper valid tags must be removed from the Area and may not be used by Concessionaire or Concessionaire’s customers. Concessionaire is responsible for ensuring that boats are not overloaded. The proper number of customers in a boat must be based on boat type and the manufacturer’s recommended carrying capacity. Concessionaire is solely responsible for routinely inspecting all boats to ensure that they are safe and free of defects. All boats determined to be unsafe or damaged must be removed from the Area and may not be used by Concessionaire or Concessionaire’s customers until properly repaired. Boat repair is not permitted in the Area; any and all repairs must occur off-site. Concessionaire is solely responsible for the safety of all boats and customers. F. All rented boats and related equipment may only be operated on Shepherd Lake. Concessionaire shall instruct all customers that rented boats and related equipment may only be operated on Shepherd Lake. G. Concessionaire may request Department-written approval to rent stand up paddleboards. If approved in writing by Department, Concessionaire may rent stand up paddleboards at the Area and shall comply with all of the terms and conditions of the Agreement. Failure on the part of Concessionaire to obtain Department written pre-approval to rent stand up paddleboards shall be a material breach of the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. Concessionaire shall submit to Department, for approval, a written list of types and prices for all stand up paddleboards. Concessionaire shall not rent stand up paddleboards until Department approves the proposed types and prices in writing. Failure on the part of Concessionaire to obtain Department written pre-approval of the types and pricing of stand up paddleboards shall be a material breach of the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. H. Concessionaire shall use the Concession Premises solely for the purposes set forth above and is strictly prohibited from selling or permitting the sale or consumption of any alcoholic beverages thereon. In addition, the smoking of tobacco products, vaping and/or use of electronic smoking devices by Concessionaire, Concessionaire’s employees or customers is strictly prohibited at the Area. Concessionaire shall be solely responsible for monitoring and informing all customers that alcohol and smoking is strictly prohibited at the Area. Concessionaire may request customers open coolers to ensure there is no alcohol. Any customer refusing to comply with Concessionaire’s request to inspect may be denied service. Further, Concessionaire shall display signage at the Concession Premises that will inform the customers of the State law prohibiting alcohol and smoking at the Area. Failure to comply with the requirements set forth in this Paragraph shall constitute a material breach of the Agreement subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. I. Concessionaire shall not install, operate, or allow the installation or operation of vending machines on the Concession Premises. J. Concessionaire’s status shall be that of a licensee. Concessionaire, whose term on the Concession Premises shall be seasonal in nature, will not, in any way whatsoever, be granted or conveyed any permanent easement, lease, fee, or other interest in the Concession Premises. K. Department reserves the right to issue Special Use Permits for public education programs for the promotion of natural, recreational and historic resources. Department shall coordinate with Concessionaire to minimize interruption of the Concession Operation and impacts to the Concession Premises. Concessionaire shall not be entitled to compensation for activities approved under a Special Use Permit. The rental of boats and related equipment occurring in conjunction with activities approved under a Special Use Permit shall not be considered in conflict with Concessionaire’s Operation. L. During the Period of Operation, the storage of Concessionaire-owned supplies, goods, equipment and boats shall only be permitted at the Concession Premises, as designated in Exhibit A. Outside of the Period of Operation, Concessionaire may store Concessionaire- owned supplies, goods, equipment and boats for an additional fee as set forth in Subparagraph 1(M). Storage of Concessionaire-owned supplies, goods, equipment and boats shall only be permitted at the Concession Premises, as designated by Department in Exhibit A (“Concession Storage”). Concessionaire shall store all supplies, goods, equipment and boats in the area and manner approved in writing by Department. No heat shall be provided for Concession Storage. Concessionaire shall be responsible for scheduling an inspection with the Area Superintendent to complete the Performance Evaluation Meeting #2, as set forth in Paragraph 19. Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of the Agreement. Concessionaire shall clean up, complete the Performance Evaluation Meeting #2 with a Department-designated State Park Service staff representative, as set forth in Paragraph 19, and vacate the Concession Premises within the designated seven (7) day “take-down” period set forth in Subparagraph 7(A). On or before December 31st of the final Term of the Agreement or upon termination of the Agreement, whichever comes first, Concessionaire must remove all supplies, goods, equipment and boats from the Concession Premises. M. For the Initial Term and subsequent Renewal Term(s), if any, additional compensation to Department for Concession Storage outside of the Period of Operation as identified in Subparagraph 1(L) shall be One Thousand Two Hundred ($1,200.00) Dollars and must be submitted by check made payable to “Treasurer – State of New Jersey” and sent to the address set forth in Subparagraph 5(B) (“Concession Storage Fee”). The Concession Storage Fee for the Initial Term of the Agreement shall be pro-rated and shall be due in the Office of Leases and Concessions on or before September 1, 2021. The Concession Storage Fee for any Renewal Term shall be due in the Office of Leases and Concessions on or before January 1st.

SCOPE OF CONCESSION. A. The Concessionaire shall be granted, under a Concession Agreement (“Agreement”), granted the non- exclusive, revocable exclusive right to rent boats River Tubes for recreational floating down the Delaware River, including reserved bus loading areas, ingress and related equipment on an hourly basis egress from the river at Shepherd Lake, except for rentals associated with Special Use Permits as specified in Subparagraph 1(K) designated points within the Delaware and Raritan Canal State Park (hereinafter referred to as the “Concession Operation”). Concessionaire’s operation The Concession Operation shall be limited to the existing infrastructure including path systems, roads, structure(s) or and area(s) now provided by the Department of Environmental Protection (“Department”) for concession purposes and in the areas specifically designated in Exhibit A by the Department (hereinafter referred to as the “Concession Premises”). B. Concessionaire shall, as part of the Concession Operation, rent boats and related equipment for the sole purposes of the Agreement. Boats shall include, but not be limited to, canoes, kayaks, and electric motorized boats with less than ten (10) horsepower motor. Gas motorized boats of any kind are not permitted for rental as part of the Concession Operation by Concessionaire. C. Concessionaire’s operation and the Agreement shall not be construed so as to affect the privileges accorded to the public’s use of Shepherd Lake Recreation Area (“Area”), including public use of Shepherd Lake and the Concession Premises. Concessionaire’s operation shall not be construed so as to restrain or prevent individual persons or groups of persons from bringing their own boats and recreational equipment, or from bringing boats and recreational equipment rented from other boat-livery operations outside the Area, into the Area, including onto Shepherd Lake and the Concession Premises. D. Concessionaire must maintain a physical staff presence at the Concession Premises at all of the following times: while the Concession is open for business, and while boats and related equipment are in use on the Lake/Reservoir. Failure on the part of Concessionaire to maintain a staff presence at the Concession Premises while the Concession is open for business and while boats and related equipment are in use on the Lake/Reservoir constitutes a material breach of the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. E. All Concession customers must receive a properly rated and sized Personal Flotation Device (PFD). All boat rental customers twelve (12) and under must wear a PFD. It is the responsibility of Concessionaire to ensure compliance with the wearing of PFDs. All PFDs must be in serviceable condition with the proper Coast Guard rating and tags, and may not exhibit deterioration that could diminish performance. Any damaged PFDs or PFDs without proper valid tags must be removed from the Area and may not be used by Concessionaire or Concessionaire’s customers. Concessionaire is responsible for ensuring that boats are not overloaded. The proper number of customers in a boat must be based on boat type and the manufacturer’s recommended carrying capacity. Concessionaire is solely responsible for routinely inspecting all boats to ensure that they are safe and free of defects. All boats determined to be unsafe or damaged must be removed from the Area and may not be used by Concessionaire or Concessionaire’s customers until properly repaired. Boat repair is not permitted in the Area; any and all repairs must occur off-site. Concessionaire is solely responsible for the safety of all boats and customers. F. All rented boats and related equipment may only be operated on Shepherd Lake. Concessionaire shall instruct all customers that rented boats and related equipment may only be operated on Shepherd Lake. G. Concessionaire may request Department-written approval to rent stand up paddleboards. If approved in writing by Department, Concessionaire may rent stand up paddleboards at the Area and shall comply with all of the terms and conditions of the Agreement. Failure on the part of Concessionaire to obtain Department written pre-approval to rent stand up paddleboards shall be a material breach of the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. Concessionaire shall submit to Department, for approval, a written list of types and prices for all stand up paddleboards. Concessionaire shall not rent stand up paddleboards until Department approves the proposed types and prices in writing. Failure on the part of Concessionaire to obtain Department written pre-approval of the types and pricing of stand up paddleboards shall be a material breach of the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. H. Concessionaire shall use the Concession Premises solely for the purposes purpose set forth above and is strictly prohibited from selling or permitting the sale or consumption of any food, beverage, novelties and alcoholic beverages thereon. In addition, the smoking of tobacco products, vaping and/or use of electronic smoking devices by Concessionaire, Concessionaire’s employees or customers is strictly prohibited at the Area. . C. Concessionaire shall be solely responsible for monitoring ensure that Concession Operations are scheduled to minimize the impacts on State Park operations and informing all customers that alcohol do not interfere with the peaceful public enjoyment of the Delaware and smoking is strictly prohibited at the Area. Concessionaire may request customers open coolers to ensure there is no alcohol. Any customer refusing to comply with Concessionaire’s request to inspect may be denied service. Further, Raritan Canal State Park. D. Concessionaire shall display signage at ensure that all patrons for the Concession are delivered from the Concessionaires offsite administration facility to the Concession Premises that will inform and returned at the customers conclusion of the State law prohibiting alcohol and smoking float. Concession Operations must prominently post a notice at the AreaConcessionaires administration facility and advise all patrons and employees that they are required to park at the Concessionaires administration facility. Failure to comply with on the requirements set forth in this Paragraph shall constitute a material breach part of the Agreement subject Concessionaire to Suspension conform to this requirement shall be sufficient justification for suspension or termination of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11Concession Agreement. I. Concessionaire shall not install, operate, or allow the installation or operation of vending machines on the Concession Premises. J. E. Concessionaire’s status shall will be that of a licensee. Concessionaire, whose term on the Concession Premises shall be seasonal in nature, Concessionaire will not, in any way whatsoever, be granted or conveyed any permanent easement, lease, fee, or other interest in the Concession Premises. K. Department reserves the right to issue Special Use Permits for public education programs for the promotion of natural, recreational and historic resources. Department shall coordinate with Concessionaire to minimize interruption of the Concession Operation and impacts to the Concession Premises. Concessionaire shall not be entitled to compensation for activities approved under a Special Use Permit. The rental of boats and related equipment occurring in conjunction with activities approved under a Special Use Permit shall not be considered in conflict with Concessionaire’s Operation. L. During the Period of Operation, the storage of Concessionaire-owned supplies, goods, equipment and boats shall only be permitted at the Concession Premises, as designated in Exhibit A. Outside of the Period of Operation, Concessionaire may store Concessionaire- owned supplies, goods, equipment and boats for an additional fee as set forth in Subparagraph 1(M). Storage of Concessionaire-owned supplies, goods, equipment and boats shall only be permitted at the Concession Premises, as designated by Department in Exhibit A (“Concession Storage”). Concessionaire shall store all supplies, goods, equipment and boats in the area and manner approved in writing by Department. No heat shall be provided for Concession Storage. Concessionaire shall be responsible for scheduling an inspection with the Area Superintendent to complete the Performance Evaluation Meeting #2, as set forth in Paragraph 19. Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of the Agreement. Concessionaire shall clean up, complete the Performance Evaluation Meeting #2 with a Department-designated State Park Service staff representative, as set forth in Paragraph 19, and vacate the Concession Premises within the designated seven (7) day “take-down” period set forth in Subparagraph 7(A). On or before December 31st of the final Term of the Agreement or upon termination of the Agreement, whichever comes first, Concessionaire must remove all supplies, goods, equipment and boats from the Concession Premises. M. For the Initial Term and subsequent Renewal Term(s), if any, additional compensation to Department for Concession Storage outside of the Period of Operation as identified in Subparagraph 1(L) shall be One Thousand Two Hundred ($1,200.00) Dollars and must be submitted by check made payable to “Treasurer – State of New Jersey” and sent to the address set forth in Subparagraph 5(B) (“Concession Storage Fee”). The Concession Storage Fee for the Initial Term of the Agreement shall be pro-rated and shall be due in the Office of Leases and Concessions on or before September 1, 2021. The Concession Storage Fee for any Renewal Term shall be due in the Office of Leases and Concessions on or before January 1st.

SCOPE OF CONCESSION. A. Concessionaire shall be granted, under a this Concession Agreement (“Agreement”), the non- exclusive, revocable right to rent boats and related equipment on an hourly basis at Shepherd LakeXxxxxx Xxxx, except for rentals associated with Special Use Permits as specified in Subparagraph 1(K) (hereinafter referred to as the “Concession Operation”). Concessionaire’s operation shall be limited to the structure(s) or area(s) provided by Department for concession purposes and specifically designated in Exhibit A (hereinafter referred to as the “Concession Premises”). B. Concessionaire shall, as part of the Concession Operation, rent boats and related equipment for the sole purposes of the this Agreement. Boats shall include, but not be limited to, canoes, kayaks, and electric motorized boats with less than ten (10) horsepower motor. Gas motorized boats of any kind are not permitted for rental as part of the Concession Operation by Concessionaire. C. Concessionaire’s operation and the this Agreement shall not be construed so as to affect the privileges accorded to the public’s use of Shepherd Lake Recreation Area Xxxxxx State Park (“Area”), including public use of Shepherd Lake Xxxxxx Xxxx and the Concession Premises. Concessionaire’s operation shall not be construed so as to restrain or prevent individual persons or groups of persons from bringing their own boats and recreational equipment, or from bringing boats and recreational equipment rented from other boat-livery operations outside the Area, into the Area, including onto Shepherd Lake Xxxxxx Xxxx and the Concession Premises. D. Concessionaire must maintain a physical staff presence at the Concession Premises at all of the following times: while the Concession is open for business, and while boats and related equipment are in use on the Lake/Reservoir. Failure on the part of Concessionaire to maintain a staff presence at the Concession Premises while the Concession is open for business and while boats and related equipment are in use on the Lake/Reservoir constitutes a material breach of the this Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 9 and 1110. E. All Concession customers must receive a properly rated and sized Personal Flotation Device (PFD). All boat rental customers twelve (12) and under must wear a PFD. It is the responsibility of Concessionaire to ensure compliance with the wearing of PFDs. All PFDs must be in serviceable condition with the proper Coast Guard rating and tags, and may not exhibit deterioration that could diminish performance. Any damaged PFDs or PFDs without proper valid tags must be removed from the Area and may not be used by Concessionaire or Concessionaire’s customers. Concessionaire is responsible for ensuring that boats are not overloaded. The proper number of customers in a boat must be based on boat type and the manufacturer’s recommended carrying capacity. Concessionaire is solely responsible for routinely inspecting all boats to ensure that they are safe and free of defects. All boats determined to be unsafe or damaged must be removed from the Area and may not be used by Concessionaire or Concessionaire’s customers until properly repaired. Boat repair is not permitted in the Area; any and all repairs must occur off-site. Concessionaire is solely responsible for the safety of all boats and customers. F. All rented boats and related equipment may only be operated on Shepherd LakeXxxxxx Xxxx. Concessionaire shall instruct all customers that rented boats and related equipment may only be operated on Shepherd LakeXxxxxx Xxxx. G. Concessionaire may request Department-written approval to rent stand up paddleboards. If approved in writing by Department, Concessionaire may rent stand up paddleboards at the Area and shall comply with all of the terms and conditions of the this Agreement. Failure on the part of Concessionaire to obtain Department written pre-approval to rent stand up paddleboards shall be a material breach of the this Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 9 and 1110. Concessionaire shall submit to Department, for approval, a written list of types and prices for all stand up paddleboards. Concessionaire shall not rent stand up paddleboards until Department approves the proposed types and prices in writing. Failure on the part of Concessionaire to obtain Department written pre-approval of the types and pricing of stand up paddleboards shall be a material breach of the this Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 9 and 1110. H. Concessionaire shall use the Concession Premises solely for the purposes set forth above and is strictly prohibited from selling or permitting the sale or consumption of any alcoholic beverages thereon. In addition, the smoking of tobacco products, vaping and/or use of electronic smoking devices by Concessionaire, Concessionaire’s employees or customers is strictly prohibited at the Area. Concessionaire shall be solely responsible for monitoring and informing all customers that alcohol and smoking is strictly prohibited at the Area. Concessionaire may request customers open coolers to ensure there is no alcohol. Any customer refusing to comply with Concessionaire’s request to inspect may be denied service. Further, Concessionaire shall display signage at the Concession Premises that will inform the customers of the State law prohibiting alcohol and smoking at the Area. Failure to comply with the requirements set forth in this Paragraph shall constitute a material breach of the this Agreement subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 9 and 1110. I. Concessionaire shall not install, operate, or allow the installation or operation of vending machines on the Concession Premises. J. Concessionaire’s status shall be that of a licensee. Concessionaire, whose term on the Concession Premises shall be seasonal in nature, will not, in any way whatsoever, be granted or conveyed any permanent easement, lease, fee, or other interest in the Concession Premises. K. Department reserves the right to issue Special Use Permits for public education programs for the promotion of natural, recreational and historic resources. Department shall coordinate with Concessionaire to minimize interruption of the Concession Operation and impacts to the Concession Premises. Concessionaire shall not be entitled to compensation for activities approved under a Special Use Permit. The rental of boats and related equipment occurring in conjunction with activities approved under a Special Use Permit shall not be considered in conflict with Concessionaire’s Operation. L. During the Period of Operation, the storage of Concessionaire-owned supplies, goods, equipment and boats shall only be permitted at the Concession Premises, as designated in Exhibit A. Outside of the Period of Operation, Concessionaire may store Concessionaire- owned supplies, goods, equipment and boats for an additional fee as set forth in Subparagraph 1(M). Storage of Concessionaire-owned supplies, goods, equipment and boats shall only be permitted at the Concession Premises, as designated by Department in Exhibit A (“Concession Storage”). Concessionaire shall store all supplies, goods, equipment and boats in the area and manner approved in writing by Department. No heat shall be provided for Concession Storage. Concessionaire shall be responsible for scheduling an inspection with the Area Superintendent to complete the Performance Evaluation Meeting #2, as set forth in Paragraph 1918. Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of the this Agreement. Concessionaire shall clean up, complete the Performance Evaluation Meeting #2 with a Department-designated State Park Service staff representative, as set forth in Paragraph 1918, and vacate the Concession Premises within the designated seven (7) day “take-down” period set forth in Subparagraph 7(A6(A). On or before December 31st of the final Term of the this Agreement or upon termination of the this Agreement, whichever comes first, Concessionaire must remove all supplies, goods, equipment and boats from the Concession Premises. M. For the Initial Term and subsequent Renewal Term(s), if any, additional compensation to Department for Concession Storage outside of the Period of Operation as identified in Subparagraph 1(L) shall be One Thousand Two Hundred ($1,200.00) Dollars and must be submitted by check made payable to “Treasurer – State of New Jersey” and sent to the address set forth in Subparagraph 5(B4(B) (“Concession Storage Fee”). The Concession Storage Fee for the Initial Term of the this Agreement shall be pro-rated and shall be due in the Office of Leases and Concessions on or before September 1, 2021. The Concession Storage Fee for any Renewal Term shall be due in the Office of Leases and Concessions on or before January 1st.

SCOPE OF CONCESSION. A. Concessionaire shall be grantedshall, under a Concession Agreement (“Agreement”), be the non- exclusive, revocable right to rent renter of boats and related equipment on an hourly and daily basis at Shepherd Lake, except for rentals associated with Special Use Permits as specified in Subparagraph 1(K) Xxxxxx Xxxx (hereinafter referred to as the “Concession Operation”). Concessionaire’s operation shall be limited to the structure(s) or area(s) provided by Department for concession purposes and specifically designated in Exhibit A (hereinafter referred to as the “Concession Premises”). B. Concessionaire shall, as part of the Concession Operation, rent boats and related equipment for the sole purposes of the Agreement. Boats shall include, but not be limited to, canoes, kayaks, and electric motorized boats with less than ten (10) horsepower motor. Gas motorized boats of any kind are not permitted for rental as part of the Concession Operation by Concessionaire. C. Concessionaire’s operation and the Agreement shall not be construed so as to affect the privileges accorded to the public’s use of Shepherd Lake Recreation Area Xxxxxx State Park (“Area”), including public use of Shepherd Lake Xxxxxx Xxxx and the Concession Premises. Concessionaire’s operation shall not be construed so as to restrain or prevent individual persons or groups of persons from bringing their own boats and recreational equipment, or from bringing boats and recreational equipment rented from other boat-livery operations outside the Area, into the Area, including onto Shepherd Lake Xxxxxx Xxxx and the Concession Premises. D. C. Concessionaire must maintain a physical staff presence at the Concession Premises at all of the following times: while the Concession is open for business, and while boats and related equipment are in use on the Lake/Reservoir. Failure on the part of Concessionaire to maintain a staff presence at the Concession Premises while the Concession is open for business and while boats and related equipment are in use on the Lake/Reservoir constitutes a material breach of the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. E. D. All Concession customers must receive a properly rated and sized Personal Flotation Device (PFD). All boat rental customers twelve (12) and under must wear a PFD. It is the responsibility of Concessionaire to ensure compliance with the wearing of PFDs. All PFDs must be in serviceable condition with the proper Coast Guard rating and tags, and may not exhibit deterioration that could diminish performance. Any damaged PFDs or PFDs without proper valid tags must be removed from the Area and may not be used by Concessionaire or Concessionaire’s customers. Concessionaire is responsible for ensuring that boats are not overloaded. The proper number of customers in a boat must be based on boat type and the manufacturer’s recommended carrying capacity. Concessionaire is solely responsible for routinely inspecting all boats to ensure that they are safe and free of defects. All boats determined to be unsafe or damaged must be removed from the Area and may not be used by Concessionaire or Concessionaire’s customers until properly repaired. Boat repair is not permitted in the Area; any and all repairs must occur off-site. Concessionaire is solely responsible for the safety of all boats and customers. F. E. All rented boats and related equipment may only be operated on Shepherd LakeXxxxxx Xxxx. Concessionaire shall instruct all customers that rented boats and related equipment may only be operated on Shepherd LakeXxxxxx Xxxx. G. Concessionaire may request Department-written approval to rent stand up paddleboards. If approved in writing by Department, Concessionaire may rent stand up paddleboards at the Area and shall comply with all of the terms and conditions of the Agreement. Failure on the part of Concessionaire to obtain Department written pre-approval to rent stand up paddleboards shall be a material breach of the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. Concessionaire shall submit to Department, for approval, a written list of types and prices for all stand up paddleboards. Concessionaire shall not rent stand up paddleboards until Department approves the proposed types and prices in writing. Failure on the part of Concessionaire to obtain Department written pre-approval of the types and pricing of stand up paddleboards shall be a material breach of the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. H. F. Concessionaire shall use the Concession Premises solely for the purposes set forth above and is strictly prohibited from selling or permitting the sale or consumption of any alcoholic beverages thereon. In addition, the smoking of tobacco products, vaping and/or use of electronic smoking devices by Concessionaire, Concessionaire’s employees or customers is strictly prohibited at the Area. Concessionaire shall be solely responsible for monitoring and informing all customers that alcohol and smoking is strictly prohibited at the Area. Concessionaire may request customers open coolers to ensure there is no alcohol. Any customer refusing to comply with Concessionaire’s request to inspect may be denied service. Further, Concessionaire shall display signage at the Concession Premises that will inform the customers of the State law prohibiting alcohol and smoking at the Area. Failure to comply with the requirements set forth in this Paragraph shall constitute a material breach of the Agreement subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. I. G. Concessionaire shall not install, operate, or allow the installation or operation of vending machines on the Concession Premises. J. H. Concessionaire’s status shall be that of a licensee. Concessionaire, whose term on the Concession Premises shall be seasonal in nature, will not, in any way whatsoever, be granted or conveyed any permanent easement, lease, fee, or other interest in the Concession Premises. K. I. Department reserves the right to issue Special Use Permits for public education programs for the promotion of natural, recreational and historic resources. Department shall coordinate with Concessionaire to minimize interruption of the Concession Operation and impacts to the Concession Premises. Concessionaire shall not be entitled to compensation for activities approved under a Special Use Permit. The rental of boats and related equipment occurring in conjunction with activities approved under a Special Use Permit shall not be considered in conflict with Concessionaire’s Operation. L. During the Period of Operation, the J. The storage of Concessionaire-owned supplies, goods, or equipment and boats shall is only be permitted at the Concession Premises, as designated in Exhibit A. Outside of the Period of Operation, Concessionaire may store Concessionaire- owned supplies, goods, equipment and boats for an additional fee as set forth in Subparagraph 1(M). Storage of Concessionaire-owned supplies, goods, equipment and boats shall only be permitted at the Concession Premises, as designated by Department in Exhibit A (“Concession Storage”). Concessionaire shall store all supplies, goods, equipment and boats in the area and manner approved in writing by Department. No heat shall be provided for Concession Storage. Concessionaire shall be responsible for scheduling an inspection with the Area Superintendent to complete the Performance Evaluation Meeting #2, as set forth in Paragraph 19. Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of the Agreement. Concessionaire shall clean upremove all supplies, complete the Performance Evaluation Meeting #2 with a Department-designated State Park Service staff representative, as set forth in Paragraph 19goods, and vacate equipment from the Concession Premises Area within the designated seven (7) day “take-down” period set forth in Subparagraph 7(A). On or before December 31st of the final Term of the Agreement or upon termination of the Agreement, whichever comes first, Concessionaire must remove all supplies, goods, equipment and boats from the Concession Premises. M. For the Initial Term and subsequent Renewal Term(s), if any, additional compensation to Department for Concession Storage outside of the Period of Operation as identified in Subparagraph 1(L) shall be One Thousand Two Hundred ($1,200.00) Dollars and must be submitted by check made payable to “Treasurer – State of New Jersey” and sent to the address set forth in Subparagraph 5(B) (“Concession Storage Fee”). The Concession Storage Fee for the Initial Term of the Agreement shall be pro-rated and shall be due in the Office of Leases and Concessions on or before September 1, 2021. The Concession Storage Fee for any Renewal Term shall be due in the Office of Leases and Concessions on or before January 1st.

SCOPE OF CONCESSION. A. Concessionaire shall be granted, under a Concession Agreement (“Agreement”), the non- exclusive, revocable right to rent boats and related equipment on an hourly basis at Shepherd Swartswood Lake, except for rentals associated with Special Use Permits as specified in Subparagraph 1(K) (hereinafter referred to as the “Concession Operation”). Concessionaire’s operation shall be limited to the structure(s) or area(s) provided by Department for concession purposes and specifically designated in Exhibit A (hereinafter referred to as the “Concession Premises”). B. Concessionaire shall, as part of the Concession Operation, rent boats and related equipment for the sole purposes of the Agreement. Boats shall include, but not be limited to, canoes, kayaks, and electric motorized boats with less than ten (10) horsepower motor. Gas motorized boats of any kind are not permitted for rental as part of the Concession Operation by Concessionaire. C. Concessionaire’s operation and the Agreement shall not be construed so as to affect the privileges accorded to the public’s use of Shepherd Lake Recreation Area Swartswood State Park (“Area”), including public use of Shepherd Swartswood Lake and the Concession Premises. Concessionaire’s operation shall not be construed so as to restrain or prevent individual persons or groups of persons from bringing their own boats and recreational equipment, or from bringing boats and recreational equipment rented from other boat-livery operations outside the Area, into the Area, including onto Shepherd Swartswood Lake and the Concession Premises. D. Concessionaire must maintain a physical staff presence at the Concession Premises at all of the following times: while the Concession is open for business, and while boats and related equipment are in use on the Lake/Reservoir. Failure on the part of Concessionaire to maintain a staff presence at the Concession Premises while the Concession is open for business and while boats and related equipment are in use on the Lake/Reservoir constitutes a material breach of the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. E. All Concession customers must receive a properly rated and sized Personal Flotation Device (PFD). All boat rental customers twelve (12) and under must wear a PFD. It is the responsibility of Concessionaire to ensure compliance with the wearing of PFDs. All PFDs must be in serviceable condition with the proper Coast Guard rating and tags, and may not exhibit deterioration that could diminish performance. Any damaged PFDs or PFDs without proper valid tags must be removed from the Area and may not be used by Concessionaire or Concessionaire’s customers. Concessionaire is responsible for ensuring that boats are not overloaded. The proper number of customers in a boat must be based on boat type and the manufacturer’s recommended carrying capacity. Concessionaire is solely responsible for routinely inspecting all boats to ensure that they are safe and free of defects. All boats determined to be unsafe or damaged must be removed from the Area and may not be used by Concessionaire or Concessionaire’s customers until properly repaired. Boat repair is not permitted in the Area; any and all repairs must occur off-site. Concessionaire is solely responsible for the safety of all boats and customers. F. All rented boats and related equipment may only be operated on Shepherd Swartswood Lake. Concessionaire shall instruct all customers that rented boats and related equipment may only be operated on Shepherd Swartswood Lake. G. Concessionaire may request Department-written approval to rent stand up paddleboards. If approved in writing by Department, Concessionaire may rent stand up paddleboards at the Area and shall comply with all of the terms and conditions of the Agreement. Failure on the part of Concessionaire to obtain Department written pre-approval to rent stand up paddleboards shall be a material breach of the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. Concessionaire shall submit to Department, for approval, a written list of types and prices for all stand up paddleboards. Concessionaire shall not rent stand up paddleboards until Department approves the proposed types and prices in writing. Failure on the part of Concessionaire to obtain Department written pre-approval of the types and pricing of stand up paddleboards shall be a material breach of the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. H. Concessionaire shall use the Concession Premises solely for the purposes set forth above and is strictly prohibited from selling or permitting the sale or consumption of any alcoholic beverages thereon. In addition, the smoking of tobacco products, vaping and/or use of electronic smoking devices by Concessionaire, Concessionaire’s employees or customers is strictly prohibited at the Area. Concessionaire shall be solely responsible for monitoring and informing all customers that alcohol and smoking is strictly prohibited at the Area. Concessionaire may request customers open coolers to ensure there is no alcohol. Any customer refusing to comply with Concessionaire’s request to inspect may be denied service. Further, Concessionaire shall display signage at the Concession Premises that will inform the customers of the State law prohibiting alcohol and smoking at the Area. Failure to comply with the requirements set forth in this Paragraph shall constitute a material breach of the Agreement subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. I. Concessionaire shall not install, operate, or allow the installation or operation of vending machines on the Concession Premises. J. Concessionaire’s status shall be that of a licensee. Concessionaire, whose term on the Concession Premises shall be seasonal in nature, will not, in any way whatsoever, be granted or conveyed any permanent easement, lease, fee, or other interest in the Concession Premises. K. Department reserves the right to issue Special Use Permits for public education programs for the promotion of natural, recreational and historic resources. Department shall coordinate with Concessionaire to minimize interruption of the Concession Operation and impacts to the Concession Premises. Concessionaire shall not be entitled to compensation for activities approved under a Special Use Permit. The rental of boats and related equipment occurring in conjunction with activities approved under a Special Use Permit shall not be considered in conflict with Concessionaire’s Operation. L. During the Period of Operation, the storage of Concessionaire-owned supplies, goods, equipment and boats shall only be permitted at the Concession Premises, as designated in Exhibit A. Outside of the Period of Operation, Concessionaire may store Concessionaire- owned supplies, goods, equipment and boats for an additional fee as set forth in Subparagraph 1(M). Storage of Concessionaire-owned supplies, goods, equipment and boats shall only be permitted inside the concession building located on the Concession Premises and at the Concession PremisesStorage Area(s), as designated by Department in Exhibit A (“Concession Storage”). Concessionaire shall store all supplies, goods, equipment and boats in the area and manner approved in writing by Department. No heat shall be provided for Concession Storage. Concessionaire shall be responsible for scheduling an inspection with the Area Superintendent to complete the Performance Evaluation Meeting #2, as set forth in Paragraph 19. Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of the Agreement. Concessionaire shall clean up, complete the Performance Evaluation Meeting #2 with a Department-designated State Park Service staff representative, as set forth in Paragraph 19, and vacate the Concession Premises within the designated seven (7) day “take-down” period set forth in Subparagraph 7(A). On or before December 31st of the final Term of the Agreement or upon termination of the Agreement, whichever comes first, Concessionaire must remove all supplies, goods, equipment and boats from the Concession PremisesPremises and Storage Area(s). M. For the Initial Term and subsequent Renewal Term(s), if any, additional compensation to Department for Concession Storage outside of the Period of Operation as identified in Subparagraph 1(L) shall be One Thousand Two Hundred ($1,200.00) Dollars and must be submitted by check made payable to “Treasurer – State of New Jersey” and sent to the address set forth in Subparagraph 5(B) (“Concession Storage Fee”). The Concession Storage Fee for the Initial Term of the Agreement shall be pro-rated and shall be due in the Office of Leases and Concessions on or before September 1, 2021. The Concession Storage Fee for any Renewal Term shall be due in the Office of Leases and Concessions on or before January 1st.

SCOPE OF CONCESSION. A. Concessionaire shall be grantedshall, under a Concession Agreement (“Agreement”), be the non- exclusive, revocable right to rent exclusive renter of boats and related equipment on an hourly basis at Shepherd LakeLake Absegami, except for rentals associated with Special Use Permits as specified in Subparagraph 1(K1(J) (hereinafter referred to as the “Concession Operation”). Concessionaire’s operation shall be limited to the structure(s) or area(s) provided by Department for concession purposes and specifically designated in Exhibit A (hereinafter referred to as the “Concession Premises”). B. Concessionaire shall, as part of the Concession Operation, rent boats and related equipment for the sole purposes of the Agreement. Boats shall include, but not be limited to, canoes, kayaks, and electric motorized boats with less than ten (10) horsepower motor. Gas motorized boats of any kind are not permitted for rental as part of the Concession Operation by Concessionaire. C. Concessionaire’s operation and the Agreement shall not be construed so as to affect the privileges accorded to the public’s use of Shepherd Lake Recreation Area Bass River State Forest (“Area”), including public use of Shepherd Lake Absegami and the Concession Premises. Concessionaire’s operation shall not be construed so as to restrain or prevent individual persons or groups of persons from bringing their own boats and recreational equipment, or from bringing boats and recreational equipment rented from other boat-livery operations outside the Area, into the Area, including onto Shepherd Lake Absegami and the Concession Premises. D. C. Concessionaire must maintain a physical staff presence at the Concession Premises at all of the following times: while the Concession is open for business, and while boats and related equipment are in use on the Lake/Reservoir. Failure on the part of Concessionaire to maintain a staff presence at the Concession Premises while the Concession is open for business and while boats and related equipment are in use on the Lake/Reservoir constitutes a material breach of the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. E. D. All Concession customers must receive a properly rated and sized Personal Flotation Device (PFD). All boat rental customers twelve (12) and under must wear a PFD. It is the responsibility of Concessionaire to ensure compliance with the wearing of PFDs. All PFDs must be in serviceable condition with the proper Coast Guard rating and tags, and may not exhibit deterioration that could diminish performance. Any damaged PFDs or PFDs without proper valid tags must be removed from the Area and may not be used by Concessionaire or Concessionaire’s customers. Concessionaire is responsible for ensuring that boats are not overloaded. The proper number of customers in a boat must be based on boat type and the manufacturer’s recommended carrying capacity. Concessionaire is solely responsible for routinely inspecting all boats to ensure that they are safe and free of defects. All boats determined to be unsafe or damaged must be removed from the Area and may not be used by Concessionaire or Concessionaire’s customers until properly repaired. Boat repair is not permitted in the Area; any and all repairs must occur off-site. Concessionaire is solely responsible for the safety of all boats and customers. F. E. All rented boats and related equipment may only be operated on Shepherd LakeLake Absegami. Concessionaire shall instruct all customers that rented boats and related equipment may only be operated on Shepherd LakeLake Absegami. G. F. Concessionaire may request Department-written approval to rent stand up paddleboards. If approved in writing by Department, Concessionaire may rent stand up paddleboards at the Area and shall comply with all of the terms and conditions of the Agreement. Failure on the part of Concessionaire to obtain Department written pre-approval to rent stand up paddleboards shall be a material breach of the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. Concessionaire shall submit to Department, for approval, a written list of types and prices for all stand up paddleboards. Concessionaire shall not rent stand up paddleboards until Department approves the proposed types and prices in writing. Failure on the part of Concessionaire to obtain Department written pre-approval of the types and pricing of stand up paddleboards shall be a material breach of the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. H. G. Concessionaire shall use the Concession Premises solely for the purposes set forth above and is strictly prohibited from selling or permitting the sale or consumption of any alcoholic beverages thereon. In addition, the smoking of tobacco products, vaping and/or use of electronic smoking devices by Concessionaire, Concessionaire’s employees or customers is strictly prohibited at the Area. Concessionaire shall be solely responsible for monitoring and informing all customers that alcohol and smoking is strictly prohibited at the Area. Concessionaire may request customers open coolers to ensure there is no alcohol. Any customer refusing to comply with Concessionaire’s request to inspect may be denied service. Further, Concessionaire shall display signage at the Concession Premises that will inform the customers of the State law prohibiting alcohol and smoking at the Area. Failure to comply with the requirements set forth in this Paragraph shall constitute a material breach of the Agreement subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. I. H. Concessionaire shall not install, operate, or allow the installation or operation of vending machines on the Concession Premises. J. I. Concessionaire’s status shall be that of a licensee. Concessionaire, whose term on the Concession Premises shall be seasonal in nature, will not, in any way whatsoever, be granted or conveyed any permanent easement, lease, fee, or other interest in the Concession Premises. K. J. Department reserves the right to issue Special Use Permits for public education programs for the promotion of natural, recreational and historic resources. Department shall coordinate with Concessionaire to minimize interruption of the Concession Operation and impacts to the Concession Premises. Concessionaire shall not be entitled to compensation for activities approved under a Special Use Permit. The rental of boats and related equipment occurring in conjunction with activities approved under a Special Use Permit shall not be considered in conflict with Concessionaire’s Operationexclusive rights. L. During the Period of Operation, the K. The storage of Concessionaire-owned supplies, goods, or equipment and boats shall is only be permitted at the Concession Premises, as designated in Exhibit A. Outside of the Period of Operation, Concessionaire may store Concessionaire- owned supplies, goods, equipment and boats for an additional fee as set forth in Subparagraph 1(M). Storage of Concessionaire-owned supplies, goods, equipment and boats shall only be permitted at the Concession Premises, as designated by Department in Exhibit A (“Concession Storage”). Concessionaire shall store all supplies, goods, equipment and boats in the area and manner approved in writing by Department. No heat shall be provided for Concession Storage. Concessionaire shall be responsible for scheduling an inspection with the Area Superintendent to complete the Performance Evaluation Meeting #2, as set forth in Paragraph 19. Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of the Agreement. Concessionaire shall clean upremove all supplies, complete the Performance Evaluation Meeting #2 with a Department-designated State Park Service staff representative, as set forth in Paragraph 19goods, and vacate equipment from the Concession Premises Area within the designated seven (7) day “take-down” period set forth in Subparagraph 7(A). On or before December 31st of the final Term of the Agreement or upon termination of the Agreement, whichever comes first, Concessionaire must remove all supplies, goods, equipment and boats from the Concession Premises. M. For the Initial Term and subsequent Renewal Term(s), if any, additional compensation to Department for Concession Storage outside of the Period of Operation as identified in Subparagraph 1(L) shall be One Thousand Two Hundred ($1,200.00) Dollars and must be submitted by check made payable to “Treasurer – State of New Jersey” and sent to the address set forth in Subparagraph 5(B) (“Concession Storage Fee”). The Concession Storage Fee for the Initial Term of the Agreement shall be pro-rated and shall be due in the Office of Leases and Concessions on or before September 1, 2021. The Concession Storage Fee for any Renewal Term shall be due in the Office of Leases and Concessions on or before January 1st.

SCOPE OF CONCESSION. A. Concessionaire shall be granted, under a this Concession Agreement (“Agreement”), the non- exclusive, revocable right to rent boats and related equipment on an hourly basis at Shepherd LakeLake Absegami, except for rentals associated with Special Use Permits as specified in Subparagraph 1(K1(L) (hereinafter referred to as the “Concession Operation”). Concessionaire’s operation shall be limited to the structure(s) or area(s) provided by the Department of Environmental Protection (“Department”) for concession purposes and specifically designated in Exhibit A (hereinafter referred to as the “Concession Premises”). B. Concessionaire shall, as part of the Concession Operation, rent boats and related equipment for the sole purposes of the this Agreement. Boats shall include, but not be limited to, canoes, kayaks, and electric motorized boats with less than ten (10) horsepower motor. Gas motorized boats of any kind are not permitted for rental as part of the Concession Operation by Concessionaire. C. The Department has commenced construction of a new beach recreation complex at Lake Absegami and anticipates that it will be completed in mid-July 2023. This completion date is tentative and could be delayed due to unforeseen circumstances including, but not limited to, weather, permitting, approvals, supply shortages, etc. The picnic area and reservable picnic shelter will still be available during the 2023 summer season and visitors will be able to sit on the beach, rent from the Boat-Livery Concession and use the playgrounds and recreation field at the State Park. Portable sanitary facilities will also be available for visitors of the State Park. D. Concessionaire’s operation and the this Agreement shall not be construed so as to affect the privileges accorded to the public’s use of Shepherd Lake Recreation Area Bass River State Forest (“Area”), including public use of Shepherd Lake Absegami and the Concession Premises. Concessionaire’s operation shall not be construed so as to restrain or prevent individual persons or groups of persons from bringing their own boats and recreational equipment, or from bringing boats and recreational equipment rented from other boat-livery operations outside the Area, into the Area, including onto Shepherd Lake Absegami and the Concession Premises. D. E. Concessionaire must maintain a physical staff presence at the Concession Premises at all of the following times: while the Concession is open for business, and while boats and related equipment are in use on the Lake/Reservoir. Failure on the part of Concessionaire to maintain a staff presence at the Concession Premises while the Concession is open for business and while boats and related equipment are in use on the Lake/Reservoir constitutes a material breach of the this Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 9 and 1110. E. F. All Concession customers must receive a properly rated and sized Personal Flotation Device (PFD). All boat rental customers twelve (12) and under must wear a PFD. It is the responsibility of Concessionaire to ensure compliance with the wearing of PFDs. All PFDs must be in serviceable condition with the proper Coast Guard rating and tags, and may not exhibit deterioration that could diminish performance. Any damaged PFDs or PFDs without proper valid tags must be removed from the Area and may not be used by Concessionaire or Concessionaire’s customers. Concessionaire is responsible for ensuring that boats are not overloaded. The proper number of customers in a boat must be based on boat type and the manufacturer’s recommended carrying capacity. Concessionaire is solely responsible for routinely inspecting all boats to ensure that they are safe and free of defects. All boats determined to be unsafe or damaged must be removed from the Area and may not be used by Concessionaire or Concessionaire’s customers until properly repaired. Boat repair is not permitted in the Area; any and all repairs must occur off-site. Concessionaire is solely responsible for the safety of all boats and customers. F. G. All rented boats and related equipment may only be operated on Shepherd LakeLake Absegami. Concessionaire shall instruct all customers that rented boats and related equipment may only be operated on Shepherd LakeLake Absegami. G. H. Concessionaire may request Department-written approval to rent stand up paddleboards. If approved in writing by Department, Concessionaire may rent stand up paddleboards at the Area and shall comply with all of the terms and conditions of the this Agreement. Failure on the part of Concessionaire to obtain Department written pre-approval to rent stand up paddleboards shall be a material breach of the this Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 9 and 1110. Concessionaire shall submit to Department, for approval, a written list of types and prices for all stand up paddleboards. Concessionaire shall not rent stand up paddleboards until Department approves the proposed types and prices in writing. Failure on the part of Concessionaire to obtain Department written pre-approval of the types and pricing of stand up paddleboards shall be a material breach of the this Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 9 and 1110. H. I. Concessionaire shall use the Concession Premises solely for the purposes set forth above and is strictly prohibited from selling or permitting the sale or consumption of any alcoholic beverages thereon. In addition, the smoking of tobacco products, vaping and/or use of electronic smoking devices by Concessionaire, Concessionaire’s employees or customers is strictly prohibited at the Area. Concessionaire shall be solely responsible for monitoring and informing all customers that alcohol and smoking is strictly prohibited at the Area. Concessionaire may request customers open coolers to ensure there is no alcohol. Any customer refusing to comply with Concessionaire’s request to inspect may be denied service. Further, Concessionaire shall display signage at the Concession Premises that will inform the customers of the State law prohibiting alcohol and smoking at the Area. Failure to comply with the requirements set forth in this Paragraph shall constitute a material breach of the this Agreement subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 9 and 1110. I. J. Concessionaire shall not install, operate, or allow the installation or operation of vending machines on the Concession Premises. J. K. Concessionaire’s status shall be that of a licensee. Concessionaire, whose term on the Concession Premises shall be seasonal in nature, will not, in any way whatsoever, be granted or conveyed any permanent easement, lease, fee, or other interest in the Concession Premises. K. L. Department reserves the right to issue Special Use Permits for public education programs for the promotion of natural, recreational and historic resources. Department shall coordinate with Concessionaire to minimize interruption of the Concession Operation and impacts to the Concession Premises. Concessionaire shall not be entitled to compensation for activities approved under a Special Use Permit. The rental of boats and related equipment occurring in conjunction with activities approved under a Special Use Permit shall not be considered in conflict with Concessionaire’s Operation. L. M. During the Period of Operation, the storage of Concessionaire-owned supplies, goods, equipment and boats shall only be permitted at the Concession Premises, as designated in Exhibit A. A (“Storage Area”). Outside of the Period of Operation, Concessionaire may store Concessionaire- Concessionaire-owned supplies, goods, equipment and boats for an additional fee as set forth in Subparagraph 1(M1(N). Storage of Concessionaire-owned supplies, goods, equipment and boats outside of the Period of Operation shall only be permitted at the Concession Premises, as designated by Department in Exhibit A (“Concession StorageOff-Season Storage Area”). Concessionaire shall store all supplies, goods, equipment and boats in the area and manner approved in writing by Department. No heat shall be provided for Concession Storage. Concessionaire shall be responsible for scheduling an inspection with the Area Superintendent to complete the Performance Evaluation Meeting #2, as set forth in Paragraph 1918. Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of the this Agreement. Concessionaire shall clean up, complete the Performance Evaluation Meeting #2 with a Department-designated State Park Service staff representative, as set forth in Paragraph 1918, and vacate the Concession Premises within the designated seven (7) day “take-down” period set forth in Subparagraph 7(A6(A). On or before December 31st of the final Term of the this Agreement or upon termination of the this Agreement, whichever comes first, Concessionaire must remove all supplies, goods, equipment and boats from the Concession Premises. M. N. For the Initial Term and subsequent Renewal Term(s), if any, additional compensation to Department for Concession Storage outside of the Period of Operation as identified in Subparagraph 1(L1(M) shall be One Thousand Two Hundred ($1,200.00) Dollars and in accordance with the Concession Payment Schedule set forth in Exhibit B (“Concession Storage Fee”). The Concession Storage Fee must be submitted by check made payable to “Treasurer – State of New Jersey” and sent to the address set forth in Subparagraph 5(B) (“Concession Storage Fee”4(B). The Concession Storage Fee for the Initial Term of the this Agreement shall be pro-rated and shall be due in to the Office of Leases and Concessions Public Land Administration Section on or before September 1, 2021. 2023 in accordance with the Concession Payment Schedule set forth in Exhibit B. The Concession Storage Fee for any Renewal Term shall be due in to the Office of Leases and Concessions Public Land Administration Section on or before January 1st1st in accordance with the Concession Payment Schedule set forth in Exhibit B. Department’s approval of an extension of the season request pursuant to Paragraph 8 shall not reduce or eliminate the Concession Storage Fee due if Concessionaire chooses to store Concessionaire-owned supplies, goods, equipment and boats at the Concession Premises outside of the Period of Operation. O. Concessionaire may request department written approval to install one (1) mobile storage container or trailer (“Mobile Storage Container”) for storage during the Period of Operation only, within a predetermined portion of the Area, as designated in Exhibit A (“Mobile Storage Container Installation Area”). Concessionaire shall not be permitted to use a flatbed or similar vehicle for the installation of the Mobile Storage Container or trailer at this location. Concessionaire shall submit to Department, for approval, a written description, including but not limited to, the size and color of the proposed Mobile Storage Container. Concessionaire shall not purchase and/or install the proposed Mobile Storage Container without Department-written pre-approval. The installation of any Mobile Storage Container without Department written pre-approval and/or the installation of any Mobile Storage Container that does not conform to requirements set forth in this Paragraph shall be a material breach of this Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 9 and 10. For the Initial Term and any subsequent Renewal Term(s) of this Agreement, the Department-approved Mobile Storage Container shall be installed at the Mobile Storage Container Installation Area set forth in Exhibit A within the seven (7) day “set-up” period prior to the Saturday before Memorial Day and removed within the seven (7) day “take-down” period after Labor Day, as set forth in Subparagraph 6(A). Concessionaire shall restore the Mobile Storage Container Installation Area to its condition prior to installation. P. Concessionaire may request department written approval to install one (1) Storage Container (“Storage Container”) for storage, within a pre-determined portion of the Area, as designated in Exhibit A (“Storage Container Installation Area”). The Storage Container shall be stationary and shall not be capable of being installed or removed without use of a flatbed or similar vehicle. Concessionaire shall submit to Department, for approval, a written description, including but not limited to, the size and color of the proposed Storage Container. Concessionaire shall not purchase and/or install the proposed Storage Container without Department-written pre-approval. The installation of any Storage Container without Department written pre-approval and/or the installation of any Storage Container that does not conform to requirements set forth in this Paragraph shall be a material breach of this Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 9 and 10. Concessionaire may request to install the Storage Container for use during the Period of Operation and/or outside of the Period of Operation as follows: i. Concessionaire may request to install a Storage Container for use during the Period of Operation only. If Concessionaire receives Department-written pre- approval to install a Storage Container at the Concession Premises for use during the Period of Operation only, the Department-approved Storage Container shall be installed at the Storage Container Installation Area set forth in Exhibit A in the manner approved in writing by Department within the seven (7) day “set-up” period prior to the Saturday before Memorial Day and removed within the seven (7) day “take-down” period after Labor Day, as set forth in Subparagraph 6(A). Concessionaire shall restore the Storage Container Installation Area to its condition prior to installation. ii. If Concessionaire chooses to store equipment at the Concession Premises outside of the Period of Operation in accordance with Subparagraph 1(M), Concessionaire may request to install a Storage Container for use outside of the Period of Operation. If Concessionaire receives Department-written pre- approval to install a Storage Container at the Concession Premises for use outside of the Period of Operation, the Department-approved Storage Container shall be installed at the Storage Container Installation Area set forth in Exhibit A within the timeframe and in the manner approved in writing by Department. On or before December 31st of the final Renewal Term of this Agreement or upon termination of this Agreement, whichever comes first, Concessionaire must remove the Storage Container, if approved, and all supplies, goods, equipment and boats from the Concession Premises and restore the Storage Container Installation Area to its condition prior to installation.

SCOPE OF CONCESSION. A. Concessionaire shall be granted, under a Concession Agreement (“Agreement”), the non- exclusive, revocable right to rent boats and related equipment on an hourly and daily basis at Shepherd LakeSpruce Run Reservoir, except for rentals associated with Special Use Permits as specified in Subparagraph 1(K) (hereinafter referred to as the “Concession Operation”). Concessionaire’s operation shall be limited to the structure(s) or area(s) provided by Department for concession purposes and specifically designated in Exhibit A (hereinafter referred to as the “Concession Premises”). B. Concessionaire shall, as part of the Concession Operation, rent boats and related equipment for the sole purposes of the Agreement. Boats shall include, but not be limited to, canoes, kayaks, and gas and electric motorized boats with less than ten (10) horsepower motor. Gas Concessionaire shall obtain written approval from the New Jersey Water Supply and from the Regional Superintendent prior to using motorized boats of any kind are not permitted for rental as part of the Concession Operation by Concessionairegreater or equal to 10 horsepower. C. Concessionaire’s operation and the Agreement shall not be construed so as to affect the privileges accorded to the public’s use of Shepherd Lake Spruce Run Recreation Area (“Area”), including public use of Shepherd Lake Spruce Run Reservoir and the Concession Premises. Concessionaire’s operation shall not be construed so as to restrain or prevent individual persons or groups of persons from bringing their own boats and recreational equipment, or from bringing boats and recreational equipment rented from other boat-livery operations outside the Area, into the Area, including onto Shepherd Lake Spruce Run Reservoir and the Concession Premises. D. Concessionaire must maintain a physical staff presence at the Concession Premises at all of the following times: while the Concession is open for business, and while boats and related equipment are in use on the Lake/Reservoir. Failure on the part of Concessionaire to maintain a staff presence at the Concession Premises while the Concession is open for business and while boats and related equipment are in use on the Lake/Reservoir constitutes a material breach of the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. E. All Concession customers must receive a properly rated and sized Personal Flotation Device (PFD). All boat rental customers twelve (12) and under must wear a PFD. It is the responsibility of Concessionaire to ensure compliance with the wearing of PFDs. All PFDs must be in serviceable condition with the proper Coast Guard rating and tags, and may not exhibit deterioration that could diminish performance. Any damaged PFDs or PFDs without proper valid tags must be removed from the Area and may not be used by Concessionaire or Concessionaire’s customers. Concessionaire is responsible for ensuring that boats are not overloaded. The proper number of customers in a boat must be based on boat type and the manufacturer’s recommended carrying capacity. Concessionaire is solely responsible for routinely inspecting all boats to ensure that they are safe and free of defects. All boats determined to be unsafe or damaged must be removed from the Area and may not be used by Concessionaire or Concessionaire’s customers until properly repaired. Boat repair is not permitted in the Area; any and all repairs must occur off-site. Concessionaire is solely responsible for the safety of all boats and customers. F. All rented boats and related equipment may only be operated on Shepherd LakeSpruce Run Reservoir. Concessionaire shall instruct all customers that rented boats and related equipment may only be operated on Shepherd LakeSpruce Run Reservoir. G. Concessionaire may request Department-written approval to rent stand up paddleboards. If approved in writing by Department, Concessionaire may rent stand up paddleboards at the Area and shall comply with all of the terms and conditions of the Agreement. Failure on the part of Concessionaire to obtain Department written pre-approval to rent stand up paddleboards shall be a material breach of the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. Concessionaire shall submit to Department, for approval, a written list of types and prices for all stand up paddleboards. Concessionaire shall not rent stand up paddleboards until Department approves the proposed types and prices in writing. Failure on the part of Concessionaire to obtain Department written pre-approval of the types and pricing of stand up paddleboards shall be a material breach of the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. H. Concessionaire shall use the Concession Premises solely for the purposes set forth above and is strictly prohibited from selling or permitting the sale or consumption of any alcoholic beverages thereon. In addition, the smoking of tobacco products, vaping and/or use of electronic smoking devices by Concessionaire, Concessionaire’s employees or customers is strictly prohibited at the Area. Concessionaire shall be solely responsible for monitoring and informing all customers that alcohol and smoking is strictly prohibited at the Area. Concessionaire may request customers open coolers to ensure there is no alcohol. Any customer refusing to comply with Concessionaire’s request to inspect may be denied service. Further, Concessionaire shall display signage at the Concession Premises that will inform the customers of the State law prohibiting alcohol and smoking at the Area. Failure to comply with the requirements set forth in this Paragraph shall constitute a material breach of the Agreement subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. I. Concessionaire shall not install, operate, or allow the installation or operation of vending machines on the Concession Premises. J. Concessionaire’s status shall be that of a licensee. Concessionaire, whose term on the Concession Premises shall be seasonal in nature, will not, in any way whatsoever, be granted or conveyed any permanent easement, lease, fee, or other interest in the Concession Premises. K. Department reserves the right to issue Special Use Permits for public education programs for the promotion of natural, recreational and historic resources. Department shall coordinate with Concessionaire to minimize interruption of the Concession Operation and impacts to the Concession Premises. Concessionaire shall not be entitled to compensation for activities approved under a Special Use Permit. The rental of boats and related equipment occurring in conjunction with activities approved under a Special Use Permit shall not be considered in conflict with Concessionaire’s Operation. L. During the Period of Operation, the storage of Concessionaire-owned supplies, goods, equipment and boats shall only be permitted at the Concession Premises, as designated in Exhibit A. Outside of the Period of Operation, Concessionaire may store Concessionaire- owned supplies, goods, equipment and boats for an additional fee as set forth in Subparagraph 1(M). Storage of Concessionaire-owned supplies, goods, equipment and boats shall only be permitted at the Concession Premises, as designated by Department in Exhibit A (“Concession Storage”). Concessionaire shall store all supplies, goods, equipment and boats in the area and manner approved in writing by Department. No heat shall be provided for Concession Storage. Concessionaire shall be responsible for scheduling an inspection with the Area Superintendent to complete the Performance Evaluation Meeting #2, as set forth in Paragraph 19. Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of the Agreement. Concessionaire shall clean up, complete the Performance Evaluation Meeting #2 with a Department-designated State Park Service staff representative, as set forth in Paragraph 19, and vacate the Concession Premises within the designated seven (7) day “take-down” period set forth in Subparagraph 7(A). On or before December 31st of the final Term of the Agreement or upon termination of the Agreement, whichever comes first, Concessionaire must remove all supplies, goods, equipment and boats from the Concession Premises.upon M. For the Initial Term and subsequent Renewal Term(s), if any, additional compensation to Department for Concession Storage outside of the Period of Operation as identified in Subparagraph 1(L) shall be One Thousand Two Hundred ($1,200.00) Dollars and must be submitted by check made payable to “Treasurer – State of New Jersey” and sent to the address set forth in Subparagraph 5(B) (“Concession Storage Fee”). The Concession Storage Fee for the Initial Term of the Agreement shall be pro-rated and shall be due in the Office of Leases and Concessions on or before September 1, 2021. The Concession Storage Fee for any Renewal Term shall be due in the Office of Leases and Concessions on or before January 1st.

SCOPE OF CONCESSION. A. Concessionaire shall be grantedshall, under a this Concession Agreement (“Agreement”), be the non- exclusive, revocable right to rent renter of boats and related equipment on an hourly and daily basis at Shepherd Lake, except for rentals associated with Special Use Permits as specified in Subparagraph 1(K) Xxxxxx Xxxx (hereinafter referred to as the “Concession Operation”). Concessionaire’s operation shall be limited to the structure(s) or area(s) provided by Department for concession purposes and specifically designated in Exhibit A (hereinafter referred to as the “Concession Premises”). B. Concessionaire shall, as part of the Concession Operation, rent boats and related equipment for the sole purposes of the Agreement. Boats shall include, but not be limited to, canoes, kayaks, and electric motorized boats with less than ten (10) horsepower motor. Gas motorized boats of any kind are not permitted for rental as part of the Concession Operation by Concessionaire. C. Concessionaire’s operation and the this Agreement shall not be construed so as to affect the privileges accorded to the public’s use of Shepherd Lake Recreation Area Xxxxxx State Park (“Area”), including public use of Shepherd Lake Xxxxxx Xxxx and the Concession Premises. Concessionaire’s operation shall not be construed so as to restrain or prevent individual persons or groups of persons from bringing their own boats and recreational equipment, or from bringing boats and recreational equipment rented from other boat-livery operations outside the Area, into the Area, including onto Shepherd Lake Xxxxxx Xxxx and the Concession Premises. D. C. Concessionaire must maintain a physical staff presence at the Concession Premises at all of the following times: while the Concession is open for business, and while boats and related equipment are in use on the Lake/Reservoir. Failure on the part of Concessionaire to maintain a staff presence at the Concession Premises while the Concession is open for business and while boats and related equipment are in use on the Lake/Reservoir constitutes a material breach of the this Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 9 and 1110. E. D. All Concession customers must receive a properly rated and sized Personal Flotation Device (PFD). All boat rental customers twelve (12) and under must wear a PFD. It is the responsibility of Concessionaire to ensure compliance with the wearing of PFDs. All PFDs must be in serviceable condition with the proper Coast Guard rating and tags, and may not exhibit deterioration that could diminish performance. Any damaged PFDs or PFDs without proper valid tags must be removed from the Area and may not be used by Concessionaire or Concessionaire’s customers. Concessionaire is responsible for ensuring that boats are not overloaded. The proper number of customers in a boat must be based on boat type and the manufacturer’s recommended carrying capacity. Concessionaire is solely responsible for routinely inspecting all boats to ensure that they are safe and free of defects. All boats determined to be unsafe or damaged must be removed from the Area and may not be used by Concessionaire or Concessionaire’s customers until properly repaired. Boat repair is not permitted in the Area; any and all repairs must occur off-site. Concessionaire is solely responsible for the safety of all boats and customers. F. E. All rented boats and related equipment may only be operated on Shepherd LakeXxxxxx Xxxx. Concessionaire shall instruct all customers that rented boats and related equipment may only be operated on Shepherd LakeXxxxxx Xxxx. G. Concessionaire may request Department-written approval to rent stand up paddleboards. If approved in writing by Department, Concessionaire may rent stand up paddleboards at the Area and shall comply with all of the terms and conditions of the Agreement. Failure on the part of Concessionaire to obtain Department written pre-approval to rent stand up paddleboards shall be a material breach of the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. Concessionaire shall submit to Department, for approval, a written list of types and prices for all stand up paddleboards. Concessionaire shall not rent stand up paddleboards until Department approves the proposed types and prices in writing. Failure on the part of Concessionaire to obtain Department written pre-approval of the types and pricing of stand up paddleboards shall be a material breach of the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. H. F. Concessionaire shall use the Concession Premises solely for the purposes set forth above and is strictly prohibited from selling or permitting the sale or consumption of any alcoholic beverages thereon. In addition, the smoking of tobacco products, vaping and/or use of electronic smoking devices by Concessionaire, Concessionaire’s employees or customers is strictly prohibited at the Area. Concessionaire shall be solely responsible for monitoring and informing all customers that alcohol and smoking is strictly prohibited at the Area. Concessionaire may request customers open coolers to ensure there is no alcohol. Any customer refusing to comply with Concessionaire’s request to inspect may be denied service. Further, Concessionaire shall display signage at the Concession Premises that will inform the customers of the State law prohibiting alcohol and smoking at the Area. Failure to comply with the requirements set forth in this Paragraph shall constitute a material breach of the Agreement subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. I. G. Concessionaire shall not install, operate, or allow the installation or operation of vending machines on the Concession Premises. J. H. Concessionaire’s status shall be that of a licensee. Concessionaire, whose term on the Concession Premises shall be seasonal in nature, will not, in any way whatsoever, be granted or conveyed any permanent easement, lease, fee, or other interest in the Concession Premises. K. I. Department reserves the right to issue Special Use Permits for public education programs for the promotion of natural, recreational and historic resources. Department shall coordinate with Concessionaire to minimize interruption of the Concession Operation and impacts to the Concession Premises. Concessionaire shall not be entitled to compensation for activities approved under a Special Use Permit. The rental of boats and related equipment occurring in conjunction with activities approved under a Special Use Permit shall not be considered in conflict with Concessionaire’s Operation. L. During the Period of Operation, the J. The storage of Concessionaire-owned supplies, goods, or equipment and boats shall is only be permitted at the Concession Premises, as designated in Exhibit A. Outside of the Period of Operation, Concessionaire may store Concessionaire- owned supplies, goods, equipment and boats for an additional fee as set forth in Subparagraph 1(M). Storage of Concessionaire-owned supplies, goods, equipment and boats shall only be permitted at the Concession Premises, as designated by Department in Exhibit A (“Concession Storage”). Concessionaire shall store all supplies, goods, equipment and boats in the area and manner approved in writing by Department. No heat shall be provided for Concession Storage. Concessionaire shall be responsible for scheduling an inspection with the Area Superintendent to complete the Performance Evaluation Meeting #2, as set forth in Paragraph 19. Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of the this Agreement. Concessionaire shall clean upremove all supplies, complete the Performance Evaluation Meeting #2 with a Department-designated State Park Service staff representative, as set forth in Paragraph 19goods, and vacate equipment from the Concession Premises Area within the designated seven (7) day “take-down” period set forth in Subparagraph 7(A6(A). On or before December 31st of the final Term of the Agreement or upon termination of the Agreement, whichever comes first, Concessionaire must remove all supplies, goods, equipment and boats from the Concession Premises. M. For the Initial Term and subsequent Renewal Term(s), if any, additional compensation to Department for Concession Storage outside of the Period of Operation as identified in Subparagraph 1(L) shall be One Thousand Two Hundred ($1,200.00) Dollars and must be submitted by check made payable to “Treasurer – State of New Jersey” and sent to the address set forth in Subparagraph 5(B) (“Concession Storage Fee”). The Concession Storage Fee for the Initial Term of the Agreement shall be pro-rated and shall be due in the Office of Leases and Concessions on or before September 1, 2021. The Concession Storage Fee for any Renewal Term shall be due in the Office of Leases and Concessions on or before January 1st.

SCOPE OF CONCESSION. A. Concessionaire shall be grantedshall, under a this Concession Agreement (“Agreement”), be the non- exclusive, revocable right to rent exclusive renter of boats and related equipment on an hourly and daily basis at Shepherd LakeLake Nummy, except for rentals associated with Special Use Permits as specified in Subparagraph 1(K1(H) (hereinafter referred to as the “Concession Operation”). Concessionaire’s operation shall be limited to the structure(s) or area(s) provided by Department for concession purposes and specifically designated in Exhibit A (hereinafter referred to as the “Concession Premises”). B. Concessionaire shall, as part of the Concession Operation, rent boats and related equipment for the sole purposes of the Agreement. Boats shall include, but not be limited to, canoes, kayaks, and electric motorized boats with less than ten (10) horsepower motor. Gas motorized boats of any kind are not permitted for rental as part of the Concession Operation by Concessionaire. C. Concessionaire’s operation and the this Agreement shall not be construed so as to affect the privileges accorded to the public’s use of Shepherd Lake Recreation Area Belleplain State Forest (“Area”), including public use of Shepherd Lake Nummy and the Concession Premises. Concessionaire’s operation shall not be construed so as to restrain or prevent individual persons or groups of persons from bringing their own boats and recreational equipment, or from bringing boats and recreational equipment rented from other boat-livery operations outside the Area, into the Area, including onto Shepherd Lake Nummy and the Concession Premises. D. C. Concessionaire must maintain a physical staff presence at the Concession Premises at all of the following times: while the Concession is open for business, and while boats and related equipment are in use on the Lake/Reservoir. Failure on the part of Concessionaire to maintain a staff presence at the Concession Premises while the Concession is open for business and while boats and related equipment are in use on the Lake/Reservoir constitutes a material breach of the this Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 9 and 1110. E. D. All Concession customers must receive a properly rated and sized Personal Flotation Device (PFD). All boat rental customers twelve (12) and under must wear a PFD. It is the responsibility of Concessionaire to ensure compliance with the wearing of PFDs. All PFDs must be in serviceable condition with the proper Coast Guard rating and tags, and may not exhibit deterioration that could diminish performance. Any damaged PFDs or PFDs without proper valid tags must be removed from the Area and may not be used by Concessionaire or Concessionaire’s customers. Concessionaire is responsible for ensuring that boats are not overloaded. The proper number of customers in a boat must be based on boat type and the manufacturer’s recommended carrying capacity. Concessionaire is solely responsible for routinely inspecting all boats to ensure that they are safe and free of defects. All boats determined to be unsafe or damaged must be removed from the Area and may not be used by Concessionaire or Concessionaire’s customers until properly repaired. Boat repair is not permitted in the Area; any and all repairs must occur off-site. Concessionaire is solely responsible for the safety of all boats and customers. F. E. All rented boats and related equipment may only be operated on Shepherd LakeLake Nummy. Concessionaire shall instruct all customers that rented boats and related equipment may only be operated on Shepherd LakeLake Nummy. G. Concessionaire may request Department-written approval to rent stand up paddleboards. If approved in writing by Department, Concessionaire may rent stand up paddleboards at the Area and shall comply with all of the terms and conditions of the Agreement. Failure on the part of Concessionaire to obtain Department written pre-approval to rent stand up paddleboards shall be a material breach of the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. Concessionaire shall submit to Department, for approval, a written list of types and prices for all stand up paddleboards. Concessionaire shall not rent stand up paddleboards until Department approves the proposed types and prices in writing. Failure on the part of Concessionaire to obtain Department written pre-approval of the types and pricing of stand up paddleboards shall be a material breach of the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. H. F. Concessionaire shall use the Concession Premises solely for the purposes set forth above and is strictly prohibited from selling or permitting the sale or consumption of any alcoholic beverages thereon. In addition, the smoking of tobacco products, vaping and/or use of electronic smoking devices by Concessionaire, Concessionaire’s employees or customers is strictly prohibited at the Area. Concessionaire shall be solely responsible for monitoring and informing all customers that alcohol and smoking is strictly prohibited at the Area. Concessionaire may request customers open coolers to ensure there is no alcohol. Any customer refusing to comply with Concessionaire’s request to inspect may be denied service. Further, Concessionaire shall display signage at the Concession Premises that will inform the customers of the State law prohibiting alcohol and smoking at the Area. Failure to comply with the requirements set forth in this Paragraph shall constitute a material breach of the Agreement subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. I. Concessionaire shall not install, operate, or allow the installation or operation of vending machines on the Concession Premises. J. G. Concessionaire’s status shall be that of a licensee. Concessionaire, whose term on the Concession Premises shall be seasonal in nature, will not, in any way whatsoever, be granted or conveyed any permanent easement, lease, fee, or other interest in the Concession Premises. K. H. Department reserves the right to issue Special Use Permits for public education programs for the promotion of natural, recreational and historic resources. Department shall coordinate with Concessionaire to minimize interruption of the Concession Operation and impacts to the Concession Premises. Concessionaire shall not be entitled to compensation for activities approved under a Special Use Permit. The rental of boats and related equipment occurring in conjunction with activities approved under a Special Use Permit shall not be considered in conflict with Concessionaire’s Operationexclusive rights. L. During the Period of Operation, the storage of Concessionaire-owned supplies, goods, equipment and boats shall only be permitted at the Concession Premises, as designated in Exhibit A. Outside of the Period of Operation, Concessionaire may store Concessionaire- owned supplies, goods, equipment and boats for an additional fee as set forth in Subparagraph 1(M). Storage of Concessionaire-owned supplies, goods, equipment and boats shall only be permitted at the Concession Premises, as designated by Department in Exhibit A (“Concession Storage”). Concessionaire shall store all supplies, goods, equipment and boats in the area and manner approved in writing by Department. No heat shall be provided for Concession Storage. Concessionaire shall be responsible for scheduling an inspection with the Area Superintendent to complete the Performance Evaluation Meeting #2, as set forth in Paragraph 19. Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of the Agreement. Concessionaire shall clean up, complete the Performance Evaluation Meeting #2 with a Department-designated State Park Service staff representative, as set forth in Paragraph 19, and vacate the Concession Premises within the designated seven (7) day “take-down” period set forth in Subparagraph 7(A). On or before December 31st of the final Term of the Agreement or upon termination of the Agreement, whichever comes first, Concessionaire must remove all supplies, goods, equipment and boats from the Concession Premises. M. For the Initial Term and subsequent Renewal Term(s), if any, additional compensation to Department for Concession Storage outside of the Period of Operation as identified in Subparagraph 1(L) shall be One Thousand Two Hundred ($1,200.00) Dollars and must be submitted by check made payable to “Treasurer – State of New Jersey” and sent to the address set forth in Subparagraph 5(B) (“Concession Storage Fee”). The Concession Storage Fee for the Initial Term of the Agreement shall be pro-rated and shall be due in the Office of Leases and Concessions on or before September 1, 2021. The Concession Storage Fee for any Renewal Term shall be due in the Office of Leases and Concessions on or before January 1st.

SCOPE OF CONCESSION. A. Concessionaire shall be granted, under a this Concession Agreement (“Agreement”), the non- exclusive, revocable right to rent boats and related equipment on an hourly basis at Shepherd Swartswood Lake, except for rentals associated with Special Use Permits as specified in Subparagraph 1(K) (hereinafter referred to as the “Concession Operation”). Concessionaire’s operation shall be limited to the structure(s) or area(s) provided by Department for concession purposes and specifically designated in Exhibit A (hereinafter referred to as the “Concession Premises”). B. Concessionaire shall, as part of the Concession Operation, rent boats and related equipment for the sole purposes of the this Agreement. Boats shall include, but not be limited to, canoes, kayaks, and electric motorized boats with less than ten (10) horsepower motor. Gas motorized boats of any kind are not permitted for rental as part of the Concession Operation by Concessionaire. C. Concessionaire’s operation and the this Agreement shall not be construed so as to affect the privileges accorded to the public’s use of Shepherd Lake Recreation Area Swartswood State Park (“Area”), including public use of Shepherd Swartswood Lake and the Concession Premises. Concessionaire’s operation shall not be construed so as to restrain or prevent individual persons or groups of persons from bringing their own boats and recreational equipment, or from bringing boats and recreational equipment rented from other boat-livery operations outside the Area, into the Area, including onto Shepherd Swartswood Lake and the Concession Premises. D. Concessionaire must maintain a physical staff presence at the Concession Premises at all of the following times: while the Concession is open for business, and while boats and related equipment are in use on the Lake/Reservoir. Failure on the part of Concessionaire to maintain a staff presence at the Concession Premises while the Concession is open for business and while boats and related equipment are in use on the Lake/Reservoir constitutes a material breach of the this Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 9 and 1110. E. All Concession customers must receive a properly rated and sized Personal Flotation Device (PFD). All boat rental customers twelve (12) and under must wear a PFD. It is the responsibility of Concessionaire to ensure compliance with the wearing of PFDs. All PFDs must be in serviceable condition with the proper Coast Guard rating and tags, and may not exhibit deterioration that could diminish performance. Any damaged PFDs or PFDs without proper valid tags must be removed from the Area and may not be used by Concessionaire or Concessionaire’s customers. Concessionaire is responsible for ensuring that boats are not overloaded. The proper number of customers in a boat must be based on boat type and the manufacturer’s recommended carrying capacity. Concessionaire is solely responsible for routinely inspecting all boats to ensure that they are safe and free of defects. All boats determined to be unsafe or damaged must be removed from the Area and may not be used by Concessionaire or Concessionaire’s customers until properly repaired. Boat repair is not permitted in the Area; any and all repairs must occur off-site. Concessionaire is solely responsible for the safety of all boats and customers. F. All rented boats and related equipment may only be operated on Shepherd Swartswood Lake. Concessionaire shall instruct all customers that rented boats and related equipment may only be operated on Shepherd Swartswood Lake. G. Concessionaire may request Department-written approval to rent stand up paddleboards. If approved in writing by Department, Concessionaire may rent stand up paddleboards at the Area and shall comply with all of the terms and conditions of the this Agreement. Failure on the part of Concessionaire to obtain Department written pre-approval to rent stand up paddleboards shall be a material breach of the this Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 9 and 1110. Concessionaire shall submit to Department, for approval, a written list of types and prices for all stand up paddleboards. Concessionaire shall not rent stand up paddleboards until Department approves the proposed types and prices in writing. Failure on the part of Concessionaire to obtain Department written pre-approval of the types and pricing of stand up paddleboards shall be a material breach of the this Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 9 and 1110. H. Concessionaire shall use the Concession Premises solely for the purposes set forth above and is strictly prohibited from selling or permitting the sale or consumption of any alcoholic beverages thereon. In addition, the smoking of tobacco products, vaping and/or use of electronic smoking devices by Concessionaire, Concessionaire’s employees or customers is strictly prohibited at the Area. Concessionaire shall be solely responsible for monitoring and informing all customers that alcohol and smoking is strictly prohibited at the Area. Concessionaire may request customers open coolers to ensure there is no alcohol. Any customer refusing to comply with Concessionaire’s request to inspect may be denied service. Further, Concessionaire shall display signage at the Concession Premises that will inform the customers of the State law prohibiting alcohol and smoking at the Area. Failure to comply with the requirements set forth in this Paragraph shall constitute a material breach of the this Agreement subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 9 and 1110. I. Concessionaire shall not install, operate, or allow the installation or operation of vending machines on the Concession Premises. J. Concessionaire’s status shall be that of a licensee. Concessionaire, whose term on the Concession Premises shall be seasonal in nature, will not, in any way whatsoever, be granted or conveyed any permanent easement, lease, fee, or other interest in the Concession Premises. K. Department reserves the right to issue Special Use Permits for public education programs for the promotion of natural, recreational and historic resources. Department shall coordinate with Concessionaire to minimize interruption of the Concession Operation and impacts to the Concession Premises. Concessionaire shall not be entitled to compensation for activities approved under a Special Use Permit. The rental of boats and related equipment occurring in conjunction with activities approved under a Special Use Permit shall not be considered in conflict with Concessionaire’s Operation. L. During the Period of Operation, the storage of Concessionaire-owned supplies, goods, equipment and boats shall only be permitted at the Concession Premises, as designated in Exhibit A. Outside of the Period of Operation, Concessionaire may store Concessionaire- owned supplies, goods, equipment and boats for an additional fee as set forth in Subparagraph 1(M). Storage of Concessionaire-owned supplies, goods, equipment and boats shall only be permitted inside the concession building located on the Concession Premises and at the Concession PremisesStorage Area(s), as designated by Department in Exhibit A (“Concession Storage”). Concessionaire shall store all supplies, goods, equipment and boats in the area and manner approved in writing by Department. No heat shall be provided for Concession Storage. Concessionaire shall be responsible for scheduling an inspection with the Area Superintendent to complete the Performance Evaluation Meeting #2, as set forth in Paragraph 1918. Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of the this Agreement. Concessionaire shall clean up, complete the Performance Evaluation Meeting #2 with a Department-designated State Park Service staff representative, as set forth in Paragraph 1918, and vacate the Concession Premises within the designated seven (7) day “take-down” period set forth in Subparagraph 7(A6(A). On or before December 31st of the final Term of the this Agreement or upon termination of the this Agreement, whichever comes first, Concessionaire must remove all supplies, goods, equipment and boats from the Concession PremisesPremises and Storage Area(s). M. For the Initial Term and subsequent Renewal Term(s), if any, additional compensation to Department for Concession Storage outside of the Period of Operation as identified in Subparagraph 1(L) shall be One Thousand Two Hundred ($1,200.00) Dollars and must be submitted by check made payable to “Treasurer – State of New Jersey” and sent to the address set forth in Subparagraph 5(B4(B) (“Concession Storage Fee”). The Concession Storage Fee for the Initial Term of the this Agreement shall be pro-rated and shall be due in the Office of Leases and Concessions on or before September 1, 2021. The Concession Storage Fee for any Renewal Term shall be due in the Office of Leases and Concessions on or before January 1st.

SCOPE OF CONCESSION. A. Concessionaire shall be grantedshall, under a Concession Agreement (“Agreement”), be the non- exclusive, revocable right to rent exclusive renter of boats and related equipment on an hourly and/or daily basis at Shepherd LakeLake Absegami, except for rentals associated with Special Use Permits as specified in Subparagraph 1(K1(I) (hereinafter referred to as the “Concession Operation”). Concessionaire’s operation shall be limited to the structure(s) or area(s) provided by Department for concession purposes and specifically designated in Exhibit A (hereinafter referred to as the “Concession Premises”). B. Concessionaire shall, as part of the Concession Operation, rent boats and related equipment for the sole purposes of the Agreement. Boats shall include, but not be limited to, canoes, kayaks, and electric motorized boats with less than ten (10) horsepower motor. Gas motorized boats of any kind are not permitted for rental as part of the Concession Operation by Concessionaire. C. Concessionaire’s operation and the Agreement shall not be construed so as to affect the privileges accorded to the public’s use of Shepherd Lake Recreation Area Bass River State Forest (“Area”), including public use of Shepherd Lake Absegami and the Concession Premises. Concessionaire’s operation shall not be construed so as to restrain or prevent individual persons or groups of persons from bringing their own boats and recreational equipment, or from bringing boats and recreational equipment rented from other boat-livery operations outside the Area, into the Area, including onto Shepherd Lake Absegami and the Concession Premises. D. C. Concessionaire must maintain a physical staff presence at the Concession Premises at all of the following times: while the Concession is open for business, and while boats and related equipment are in use on the Lake/Reservoir. Failure on the part of Concessionaire to maintain a staff presence at the Concession Premises while the Concession is open for business and while boats and related equipment are in use on the Lake/Reservoir constitutes a material breach of the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. E. D. All Concession customers must receive a properly rated and sized Personal Flotation Device (PFD). All boat rental customers twelve (12) and under must wear a PFD. It is the responsibility of Concessionaire to ensure compliance with the wearing of PFDs. All PFDs must be in serviceable condition with the proper Coast Guard rating and tags, and may not exhibit deterioration that could diminish performance. Any damaged PFDs or PFDs without proper valid tags must be removed from the Area and may not be used by Concessionaire or Concessionaire’s customers. Concessionaire is responsible for ensuring that boats are not overloaded. The proper number of customers in a boat must be based on boat type and the manufacturer’s recommended carrying capacity. Concessionaire is solely responsible for routinely inspecting all boats to ensure that they are safe and free of defects. All boats determined to be unsafe or damaged must be removed from the Area and may not be used by Concessionaire or Concessionaire’s customers until properly repaired. Boat repair is not permitted in the Area; any and all repairs must occur off-site. Concessionaire is solely responsible for the safety of all boats and customers. F. E. All rented boats and related equipment may only be operated on Shepherd LakeLake Absegami. Concessionaire shall instruct all customers that rented boats and related equipment may only be operated on Shepherd LakeLake Absegami. G. Concessionaire may request Department-written approval to rent stand up paddleboards. If approved in writing by Department, Concessionaire may rent stand up paddleboards at the Area and shall comply with all of the terms and conditions of the Agreement. Failure on the part of Concessionaire to obtain Department written pre-approval to rent stand up paddleboards shall be a material breach of the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. Concessionaire shall submit to Department, for approval, a written list of types and prices for all stand up paddleboards. Concessionaire shall not rent stand up paddleboards until Department approves the proposed types and prices in writing. Failure on the part of Concessionaire to obtain Department written pre-approval of the types and pricing of stand up paddleboards shall be a material breach of the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. H. F. Concessionaire shall use the Concession Premises solely for the purposes set forth above and is strictly prohibited from selling or permitting the sale or consumption of any alcoholic beverages thereon. In addition, the smoking of tobacco products, vaping and/or use of electronic smoking devices by Concessionaire, Concessionaire’s employees or customers is strictly prohibited at the Area. Concessionaire shall be solely responsible for monitoring and informing all customers that alcohol and smoking is strictly prohibited at the Area. Concessionaire may request customers open coolers to ensure there is no alcohol. Any customer refusing to comply with Concessionaire’s request to inspect may be denied service. Further, Concessionaire shall display signage at the Concession Premises that will inform the customers of the State law prohibiting alcohol and smoking at the Area. Failure to comply with the requirements set forth in this Paragraph shall constitute a material breach of the Agreement subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. I. G. Concessionaire shall not install, operate, or allow the installation or operation of vending machines on the Concession Premises. J. H. Concessionaire’s status shall be that of a licensee. Concessionaire, whose term on the Concession Premises shall be seasonal in nature, will not, in any way whatsoever, be granted or conveyed any permanent easement, lease, fee, or other interest in the Concession Premises. K. I. Department reserves the right to issue Special Use Permits for public education programs for the promotion of natural, recreational and historic resources. Department shall coordinate with Concessionaire to minimize interruption of the Concession Operation and impacts to the Concession Premises. Concessionaire shall not be entitled to compensation for activities approved under a Special Use Permit. The rental of boats and related equipment occurring in conjunction with activities approved under a Special Use Permit shall not be considered in conflict with Concessionaire’s Operationexclusive rights. L. During the Period of Operation, the J. The storage of Concessionaire-owned supplies, goods, or equipment and boats shall is only be permitted at the Concession Premises, as designated in Exhibit A. Outside of the Period of Operation, Concessionaire may store Concessionaire- owned supplies, goods, equipment and boats for an additional fee as set forth in Subparagraph 1(M). Storage of Concessionaire-owned supplies, goods, equipment and boats shall only be permitted at the Concession Premises, as designated by Department in Exhibit A (“Concession Storage”). Concessionaire shall store all supplies, goods, equipment and boats in the area and manner approved in writing by Department. No heat shall be provided for Concession Storage. Concessionaire shall be responsible for scheduling an inspection with the Area Superintendent to complete the Performance Evaluation Meeting #2, as set forth in Paragraph 19. Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of the Agreement. Concessionaire shall clean upremove all supplies, complete the Performance Evaluation Meeting #2 with a Department-designated State Park Service staff representative, as set forth in Paragraph 19goods, and vacate equipment from the Concession Premises Area within the designated seven (7) day “take-down” period set forth in Subparagraph 7(A). On or before December 31st of the final Term of the Agreement or upon termination of the Agreement, whichever comes first, Concessionaire must remove all supplies, goods, equipment and boats from the Concession Premises. M. For the Initial Term and subsequent Renewal Term(s), if any, additional compensation to Department for Concession Storage outside of the Period of Operation as identified in Subparagraph 1(L) shall be One Thousand Two Hundred ($1,200.00) Dollars and must be submitted by check made payable to “Treasurer – State of New Jersey” and sent to the address set forth in Subparagraph 5(B) (“Concession Storage Fee”). The Concession Storage Fee for the Initial Term of the Agreement shall be pro-rated and shall be due in the Office of Leases and Concessions on or before September 1, 2021. The Concession Storage Fee for any Renewal Term shall be due in the Office of Leases and Concessions on or before January 1st.

SCOPE OF CONCESSION. A. Concessionaire shall be grantedshall, under a Concession Agreement (“Agreement”), be the non- exclusive, revocable right to rent exclusive renter of boats and related equipment on an hourly and daily basis at Shepherd LakeLake Nummy, except for rentals associated with Special Use Permits as specified in Subparagraph 1(K1(H) (hereinafter referred to as the “Concession Operation”). Concessionaire’s operation shall be limited to the structure(s) or area(s) provided by Department for concession purposes and specifically designated in Exhibit A (hereinafter referred to as the “Concession Premises”). B. Concessionaire shall, as part of the Concession Operation, rent boats and related equipment for the sole purposes of the Agreement. Boats shall include, but not be limited to, canoes, kayaks, and electric motorized boats with less than ten (10) horsepower motor. Gas motorized boats of any kind are not permitted for rental as part of the Concession Operation by Concessionaire. C. Concessionaire’s operation and the Agreement shall not be construed so as to affect the privileges accorded to the public’s use of Shepherd Lake Recreation Area Belleplain State Forest (“Area”), including public use of Shepherd Lake Nummy and the Concession Premises. Concessionaire’s operation shall not be construed so as to restrain or prevent individual persons or groups of persons from bringing their own boats and recreational equipment, or from bringing boats and recreational equipment rented from other boat-livery operations outside the Area, into the Area, including onto Shepherd Lake Nummy and the Concession Premises. D. C. Concessionaire must maintain a physical staff presence at the Concession Premises at all of the following times: while the Concession is open for business, and while boats and related equipment are in use on the Lake/Reservoir. Failure on the part of Concessionaire to maintain a staff presence at the Concession Premises while the Concession is open for business and while boats and related equipment are in use on the Lake/Reservoir constitutes a material breach of the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. E. D. All Concession customers must receive a properly rated and sized Personal Flotation Device (PFD). All boat rental customers twelve (12) and under must wear a PFD. It is the responsibility of Concessionaire to ensure compliance with the wearing of PFDs. All PFDs must be in serviceable condition with the proper Coast Guard rating and tags, and may not exhibit deterioration that could diminish performance. Any damaged PFDs or PFDs without proper valid tags must be removed from the Area and may not be used by Concessionaire or Concessionaire’s customers. Concessionaire is responsible for ensuring that boats are not overloaded. The proper number of customers in a boat must be based on boat type and the manufacturer’s recommended carrying capacity. Concessionaire is solely responsible for routinely inspecting all boats to ensure that they are safe and free of defects. All boats determined to be unsafe or damaged must be removed from the Area and may not be used by Concessionaire or Concessionaire’s customers until properly repaired. Boat repair is not permitted in the Area; any and all repairs must occur off-site. Concessionaire is solely responsible for the safety of all boats and customers. F. E. All rented boats and related equipment may only be operated on Shepherd LakeLake Nummy. Concessionaire shall instruct all customers that rented boats and related equipment may only be operated on Shepherd LakeLake Nummy. G. Concessionaire may request Department-written approval to rent stand up paddleboards. If approved in writing by Department, Concessionaire may rent stand up paddleboards at the Area and shall comply with all of the terms and conditions of the Agreement. Failure on the part of Concessionaire to obtain Department written pre-approval to rent stand up paddleboards shall be a material breach of the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. Concessionaire shall submit to Department, for approval, a written list of types and prices for all stand up paddleboards. Concessionaire shall not rent stand up paddleboards until Department approves the proposed types and prices in writing. Failure on the part of Concessionaire to obtain Department written pre-approval of the types and pricing of stand up paddleboards shall be a material breach of the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. H. F. Concessionaire shall use the Concession Premises solely for the purposes set forth above and is strictly prohibited from selling or permitting the sale or consumption of any alcoholic beverages thereon. In addition, the smoking of tobacco products, vaping and/or use of electronic smoking devices by Concessionaire, Concessionaire’s employees or customers is strictly prohibited at the Area. Concessionaire shall be solely responsible for monitoring and informing all customers that alcohol and smoking is strictly prohibited at the Area. Concessionaire may request customers open coolers to ensure there is no alcohol. Any customer refusing to comply with Concessionaire’s request to inspect may be denied service. Further, Concessionaire shall display signage at the Concession Premises that will inform the customers of the State law prohibiting alcohol and smoking at the Area. Failure to comply with the requirements set forth in this Paragraph shall constitute a material breach of the Agreement subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. I. Concessionaire shall not install, operate, or allow the installation or operation of vending machines on the Concession Premises. J. G. Concessionaire’s status shall be that of a licensee. Concessionaire, whose term on the Concession Premises shall be seasonal in nature, will not, in any way whatsoever, be granted or conveyed any permanent easement, lease, fee, or other interest in the Concession Premises. K. H. Department reserves the right to issue Special Use Permits for public education programs for the promotion of natural, recreational and historic resources. Department shall coordinate with Concessionaire to minimize interruption of the Concession Operation and impacts to the Concession Premises. Concessionaire shall not be entitled to compensation for activities approved under a Special Use Permit. The rental of boats and related equipment occurring in conjunction with activities approved under a Special Use Permit shall not be considered in conflict with Concessionaire’s Operationexclusive rights. L. During the Period of Operation, the storage of Concessionaire-owned supplies, goods, equipment and boats shall only be permitted at the Concession Premises, as designated in Exhibit A. Outside of the Period of Operation, Concessionaire may store Concessionaire- owned supplies, goods, equipment and boats for an additional fee as set forth in Subparagraph 1(M). Storage of Concessionaire-owned supplies, goods, equipment and boats shall only be permitted at the Concession Premises, as designated by Department in Exhibit A (“Concession Storage”). Concessionaire shall store all supplies, goods, equipment and boats in the area and manner approved in writing by Department. No heat shall be provided for Concession Storage. Concessionaire shall be responsible for scheduling an inspection with the Area Superintendent to complete the Performance Evaluation Meeting #2, as set forth in Paragraph 19. Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of the Agreement. Concessionaire shall clean up, complete the Performance Evaluation Meeting #2 with a Department-designated State Park Service staff representative, as set forth in Paragraph 19, and vacate the Concession Premises within the designated seven (7) day “take-down” period set forth in Subparagraph 7(A). On or before December 31st of the final Term of the Agreement or upon termination of the Agreement, whichever comes first, Concessionaire must remove all supplies, goods, equipment and boats from the Concession Premises. M. For the Initial Term and subsequent Renewal Term(s), if any, additional compensation to Department for Concession Storage outside of the Period of Operation as identified in Subparagraph 1(L) shall be One Thousand Two Hundred ($1,200.00) Dollars and must be submitted by check made payable to “Treasurer – State of New Jersey” and sent to the address set forth in Subparagraph 5(B) (“Concession Storage Fee”). The Concession Storage Fee for the Initial Term of the Agreement shall be pro-rated and shall be due in the Office of Leases and Concessions on or before September 1, 2021. The Concession Storage Fee for any Renewal Term shall be due in the Office of Leases and Concessions on or before January 1st.

SCOPE OF CONCESSION. A. Concessionaire shall be granted, under a Concession Agreement (“Agreement”), the non- exclusive, revocable right to rent boats and related equipment on an hourly basis at Shepherd LakeXxxxxx Xxxx, except for rentals associated with Special Use Permits as specified in Subparagraph 1(K) (hereinafter referred to as the “Concession Operation”). Concessionaire’s operation shall be limited to the structure(s) or area(s) provided by Department for concession purposes and specifically designated in Exhibit A (hereinafter referred to as the “Concession Premises”). B. Concessionaire shall, as part of the Concession Operation, rent boats and related equipment for the sole purposes of the Agreement. Boats shall include, but not be limited to, canoes, kayaks, and electric motorized boats with less than ten (10) horsepower motor. Gas motorized boats of any kind are not permitted for rental as part of the Concession Operation by Concessionaire. C. Concessionaire’s operation and the Agreement shall not be construed so as to affect the privileges accorded to the public’s use of Shepherd Lake Recreation Area Xxxxxx State Park (“Area”), including public use of Shepherd Lake Xxxxxx Xxxx and the Concession Premises. Concessionaire’s operation shall not be construed so as to restrain or prevent individual persons or groups of persons from bringing their own boats and recreational equipment, or from bringing boats and recreational equipment rented from other boat-livery operations outside the Area, into the Area, including onto Shepherd Lake Xxxxxx Xxxx and the Concession Premises. D. Concessionaire must maintain a physical staff presence at the Concession Premises at all of the following times: while the Concession is open for business, and while boats and related equipment are in use on the Lake/Reservoir. Failure on the part of Concessionaire to maintain a staff presence at the Concession Premises while the Concession is open for business and while boats and related equipment are in use on the Lake/Reservoir constitutes a material breach of the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. E. All Concession customers must receive a properly rated and sized Personal Flotation Device (PFD). All boat rental customers twelve (12) and under must wear a PFD. It is the responsibility of Concessionaire to ensure compliance with the wearing of PFDs. All PFDs must be in serviceable condition with the proper Coast Guard rating and tags, and may not exhibit deterioration that could diminish performance. Any damaged PFDs or PFDs without proper valid tags must be removed from the Area and may not be used by Concessionaire or Concessionaire’s customers. Concessionaire is responsible for ensuring that boats are not overloaded. The proper number of customers in a boat must be based on boat type and the manufacturer’s recommended carrying capacity. Concessionaire is solely responsible for routinely inspecting all boats to ensure that they are safe and free of defects. All boats determined to be unsafe or damaged must be removed from the Area and may not be used by Concessionaire or Concessionaire’s customers until properly repaired. Boat repair is not permitted in the Area; any and all repairs must occur off-site. Concessionaire is solely responsible for the safety of all boats and customers. F. All rented boats and related equipment may only be operated on Shepherd LakeXxxxxx Xxxx. Concessionaire shall instruct all customers that rented boats and related equipment may only be operated on Shepherd LakeXxxxxx Xxxx. G. Concessionaire may request Department-written approval to rent stand up paddleboards. If approved in writing by Department, Concessionaire may rent stand up paddleboards at the Area and shall comply with all of the terms and conditions of the Agreement. Failure on the part of Concessionaire to obtain Department written pre-approval to rent stand up paddleboards shall be a material breach of the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. Concessionaire shall submit to Department, for approval, a written list of types and prices for all stand up paddleboards. Concessionaire shall not rent stand up paddleboards until Department approves the proposed types and prices in writing. Failure on the part of Concessionaire to obtain Department written pre-approval of the types and pricing of stand up paddleboards shall be a material breach of the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. H. Concessionaire shall use the Concession Premises solely for the purposes set forth above and is strictly prohibited from selling or permitting the sale or consumption of any alcoholic beverages thereon. In addition, the smoking of tobacco products, vaping and/or use of electronic smoking devices by Concessionaire, Concessionaire’s employees or customers is strictly prohibited at the Area. Concessionaire shall be solely responsible for monitoring and informing all customers that alcohol and smoking is strictly prohibited at the Area. Concessionaire may request customers open coolers to ensure there is no alcohol. Any customer refusing to comply with Concessionaire’s request to inspect may be denied service. Further, Concessionaire shall display signage at the Concession Premises that will inform the customers of the State law prohibiting alcohol and smoking at the Area. Failure to comply with the requirements set forth in this Paragraph shall constitute a material breach of the Agreement subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. I. Concessionaire shall not install, operate, or allow the installation or operation of vending machines on the Concession Premises. J. Concessionaire’s status shall be that of a licensee. Concessionaire, whose term on the Concession Premises shall be seasonal in nature, will not, in any way whatsoever, be granted or conveyed any permanent easement, lease, fee, or other interest in the Concession Premises. K. Department reserves the right to issue Special Use Permits for public education programs for the promotion of natural, recreational and historic resources. Department shall coordinate with Concessionaire to minimize interruption of the Concession Operation and impacts to the Concession Premises. Concessionaire shall not be entitled to compensation for activities approved under a Special Use Permit. The rental of boats and related equipment occurring in conjunction with activities approved under a Special Use Permit shall not be considered in conflict with Concessionaire’s Operation. L. During the Period of Operation, the storage of Concessionaire-owned supplies, goods, equipment and boats shall only be permitted at the Concession Premises, as designated in Exhibit A. Outside of the Period of Operation, Concessionaire may store Concessionaire- owned supplies, goods, equipment and boats for an additional fee as set forth in Subparagraph 1(M). Storage of Concessionaire-owned supplies, goods, equipment and boats shall only be permitted at the Concession Premises, as designated by Department in Exhibit A (“Concession Storage”). Concessionaire shall store all supplies, goods, equipment and boats in the area and manner approved in writing by Department. No heat shall be provided for Concession Storage. Concessionaire shall be responsible for scheduling an inspection with the Area Superintendent to complete the Performance Evaluation Meeting #2, as set forth in Paragraph 19. Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of the Agreement. Concessionaire shall clean up, complete the Performance Evaluation Meeting #2 with a Department-designated State Park Service staff representative, as set forth in Paragraph 19, and vacate the Concession Premises within the designated seven (7) day “take-down” period set forth in Subparagraph 7(A). On or before December 31st of the final Term of the Agreement or upon termination of the Agreement, whichever comes first, Concessionaire must remove all supplies, goods, equipment and boats from the Concession Premises. M. For the Initial Term and subsequent Renewal Term(s), if any, additional compensation to Department for Concession Storage outside of the Period of Operation as identified in Subparagraph 1(L) shall be One Thousand Two Hundred ($1,200.00) Dollars and must be submitted by check made payable to “Treasurer – State of New Jersey” and sent to the address set forth in Subparagraph 5(B) (“Concession Storage Fee”). The Concession Storage Fee for the Initial Term of the Agreement shall be pro-rated and shall be due in the Office of Leases and Concessions on or before September 1, 2021. The Concession Storage Fee for any Renewal Term shall be due in the Office of Leases and Concessions on or before January 1st.

SCOPE OF CONCESSION. A. Concessionaire shall be granted, under a this Concession Agreement (“Agreement”), the non- exclusive, revocable right to rent boats and related equipment on an hourly and daily basis at Shepherd LakeSpruce Run Reservoir, except for rentals associated with Special Use Permits as specified in Subparagraph 1(K) (hereinafter referred to as the “Concession Operation”). Concessionaire’s operation shall be limited to the structure(s) or area(s) provided by Department for concession purposes and specifically designated in Exhibit A (hereinafter referred to as the “Concession Premises”). B. Concessionaire shall, as part of the Concession Operation, rent boats and related equipment for the sole purposes of the this Agreement. Boats shall include, but not be limited to, canoes, kayaks, and gas and electric motorized boats with less than ten (10) horsepower motor. Gas Concessionaire shall obtain written approval from the New Jersey Water Supply and from the Regional Superintendent prior to using motorized boats of any kind are not permitted for rental as part of the Concession Operation by Concessionairegreater or equal to 10 horsepower. C. Concessionaire’s operation and the this Agreement shall not be construed so as to affect the privileges accorded to the public’s use of Shepherd Lake Spruce Run Recreation Area (“Area”), including public use of Shepherd Lake Spruce Run Reservoir and the Concession Premises. Concessionaire’s operation shall not be construed so as to restrain or prevent individual persons or groups of persons from bringing their own boats and recreational equipment, or from bringing boats and recreational equipment rented from other boat-livery operations outside the Area, into the Area, including onto Shepherd Lake Spruce Run Reservoir and the Concession Premises. D. Concessionaire must maintain a physical staff presence at the Concession Premises at all of the following times: while the Concession is open for business, and while boats and related equipment are in use on the Lake/Reservoir. Failure on the part of Concessionaire to maintain a staff presence at the Concession Premises while the Concession is open for business and while boats and related equipment are in use on the Lake/Reservoir constitutes a material breach of the this Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 9 and 1110. E. All Concession customers must receive a properly rated and sized Personal Flotation Device (PFD). All boat rental customers twelve (12) and under must wear a PFD. It is the responsibility of Concessionaire to ensure compliance with the wearing of PFDs. All PFDs must be in serviceable condition with the proper Coast Guard rating and tags, and may not exhibit deterioration that could diminish performance. Any damaged PFDs or PFDs without proper valid tags must be removed from the Area and may not be used by Concessionaire or Concessionaire’s customers. Concessionaire is responsible for ensuring that boats are not overloaded. The proper number of customers in a boat must be based on boat type and the manufacturer’s recommended carrying capacity. Concessionaire is solely responsible for routinely inspecting all boats to ensure that they are safe and free of defects. All boats determined to be unsafe or damaged must be removed from the Area and may not be used by Concessionaire or Concessionaire’s customers until properly repaired. Boat repair is not permitted in the Area; any and all repairs must occur off-site. Concessionaire is solely responsible for the safety of all boats and customers. F. All rented boats and related equipment may only be operated on Shepherd LakeSpruce Run Reservoir. Concessionaire shall instruct all customers that rented boats and related equipment may only be operated on Shepherd LakeSpruce Run Reservoir. G. Concessionaire may request Department-written approval to rent stand up paddleboards. If approved in writing by Department, Concessionaire may rent stand up paddleboards at the Area and shall comply with all of the terms and conditions of the this Agreement. Failure on the part of Concessionaire to obtain Department written pre-approval to rent stand up paddleboards shall be a material breach of the this Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 9 and 1110. Concessionaire shall submit to Department, for approval, a written list of types and prices for all stand up paddleboards. Concessionaire shall not rent stand up paddleboards until Department approves the proposed types and prices in writing. Failure on the part of Concessionaire to obtain Department written pre-approval of the types and pricing of stand up paddleboards shall be a material breach of the this Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 9 and 1110. H. Concessionaire shall use the Concession Premises solely for the purposes set forth above and is strictly prohibited from selling or permitting the sale or consumption of any alcoholic beverages thereon. In addition, the smoking of tobacco products, vaping and/or use of electronic smoking devices by Concessionaire, Concessionaire’s employees or customers is strictly prohibited at the Area. Concessionaire shall be solely responsible for monitoring and informing all customers that alcohol and smoking is strictly prohibited at the Area. Concessionaire may request customers open coolers to ensure there is no alcohol. Any customer refusing to comply with Concessionaire’s request to inspect may be denied service. Further, Concessionaire shall display signage at the Concession Premises that will inform the customers of the State law prohibiting alcohol and smoking at the Area. Failure to comply with the requirements set forth in this Paragraph shall constitute a material breach of the this Agreement subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 9 and 1110. I. Concessionaire shall not install, operate, or allow the installation or operation of vending machines on the Concession Premises. J. Concessionaire’s status shall be that of a licensee. Concessionaire, whose term on the Concession Premises shall be seasonal in nature, will not, in any way whatsoever, be granted or conveyed any permanent easement, lease, fee, or other interest in the Concession Premises. K. Department reserves the right to issue Special Use Permits for public education programs for the promotion of natural, recreational and historic resources. Department shall coordinate with Concessionaire to minimize interruption of the Concession Operation and impacts to the Concession Premises. Concessionaire shall not be entitled to compensation for activities approved under a Special Use Permit. The rental of boats and related equipment occurring in conjunction with activities approved under a Special Use Permit shall not be considered in conflict with Concessionaire’s Operation. L. During the Period of Operation, the storage of Concessionaire-owned supplies, goods, equipment and boats shall only be permitted at the Concession Premises, as designated in Exhibit A. Outside of the Period of Operation, Concessionaire may store Concessionaire- owned supplies, goods, equipment and boats for an additional fee as set forth in Subparagraph 1(M). Storage of Concessionaire-owned supplies, goods, equipment and boats shall only be permitted at the Concession Premises, as designated by Department in Exhibit A (“Concession Storage”). Concessionaire shall store all supplies, goods, equipment and boats in the area and manner approved in writing by Department. No heat shall be provided for Concession Storage. Concessionaire shall be responsible for scheduling an inspection with the Area Superintendent to complete the Performance Evaluation Meeting #2, as set forth in Paragraph 1918. Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of the this Agreement. Concessionaire shall clean up, complete the Performance Evaluation Meeting #2 with a Department-designated State Park Service staff representative, as set forth in Paragraph 1918, and vacate the Concession Premises within the designated seven (7) day “take-down” period set forth in Subparagraph 7(A6(A). On or before December 31st of the final Term of the this Agreement or upon termination of the this Agreement, whichever comes first, Concessionaire must remove all supplies, goods, equipment and boats from the Concession Premises. M. For the Initial Term and subsequent Renewal Term(s), if any, additional compensation to Department for Concession Storage outside of the Period of Operation as identified in Subparagraph 1(L) shall be One Thousand Two Hundred ($1,200.00) Dollars and must be submitted by check made payable to “Treasurer – State of New Jersey” and sent to the address set forth in Subparagraph 5(B4(B) (“Concession Storage Fee”). The Concession Storage Fee for the Initial Term of the this Agreement shall be pro-rated and shall be due in the Office of Leases and Concessions on or before September 1, 2021. The Concession Storage Fee for any Renewal Term shall be due in the Office of Leases and Concessions on or before January 1st.

SCOPE OF CONCESSION. A. Concessionaire shall be granted, under a this Concession Agreement (“Agreement”), the non- exclusive, revocable right to rent boats and related equipment on an hourly basis at Shepherd Lake, except for rentals associated with Special Use Permits as specified in Subparagraph 1(K) (hereinafter referred to as the “Concession Operation”). Concessionaire’s operation shall be limited to the structure(s) or area(s) provided by Department for concession purposes and specifically designated in Exhibit A (hereinafter referred to as the “Concession Premises”). B. Concessionaire shall, as part of the Concession Operation, rent boats and related equipment for the sole purposes of the this Agreement. Boats shall include, but not be limited to, canoes, kayaks, and electric motorized boats with less than ten (10) horsepower motor. Gas motorized boats of any kind are not permitted for rental as part of the Concession Operation by Concessionaire. C. Concessionaire’s operation and the this Agreement shall not be construed so as to affect the privileges accorded to the public’s use of Shepherd Lake Recreation Area (“Area”), including public use of Shepherd Lake and the Concession Premises. Concessionaire’s operation shall not be construed so as to restrain or prevent individual persons or groups of persons from bringing their own boats and recreational equipment, or from bringing boats and recreational equipment rented from other boat-livery operations outside the Area, into the Area, including onto Shepherd Lake and the Concession Premises. D. Concessionaire must maintain a physical staff presence at the Concession Premises at all of the following times: while the Concession is open for business, and while boats and related equipment are in use on the Lake/Reservoir. Failure on the part of Concessionaire to maintain a staff presence at the Concession Premises while the Concession is open for business and while boats and related equipment are in use on the Lake/Reservoir constitutes a material breach of the this Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 9 and 1110. E. All Concession customers must receive a properly rated and sized Personal Flotation Device (PFD). All boat rental customers twelve (12) and under must wear a PFD. It is the responsibility of Concessionaire to ensure compliance with the wearing of PFDs. All PFDs must be in serviceable condition with the proper Coast Guard rating and tags, and may not exhibit deterioration that could diminish performance. Any damaged PFDs or PFDs without proper valid tags must be removed from the Area and may not be used by Concessionaire or Concessionaire’s customers. Concessionaire is responsible for ensuring that boats are not overloaded. The proper number of customers in a boat must be based on boat type and the manufacturer’s recommended carrying capacity. Concessionaire is solely responsible for routinely inspecting all boats to ensure that they are safe and free of defects. All boats determined to be unsafe or damaged must be removed from the Area and may not be used by Concessionaire or Concessionaire’s customers until properly repaired. Boat repair is not permitted in the Area; any and all repairs must occur off-site. Concessionaire is solely responsible for the safety of all boats and customers. F. All rented boats and related equipment may only be operated on Shepherd Lake. Concessionaire shall instruct all customers that rented boats and related equipment may only be operated on Shepherd Lake. G. Concessionaire may request Department-written approval to rent stand up paddleboards. If approved in writing by Department, Concessionaire may rent stand up paddleboards at the Area and shall comply with all of the terms and conditions of the this Agreement. Failure on the part of Concessionaire to obtain Department written pre-approval to rent stand up paddleboards shall be a material breach of the this Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 9 and 1110. Concessionaire shall submit to Department, for approval, a written list of types and prices for all stand up paddleboards. Concessionaire shall not rent stand up paddleboards until Department approves the proposed types and prices in writing. Failure on the part of Concessionaire to obtain Department written pre-approval of the types and pricing of stand up paddleboards shall be a material breach of the this Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 9 and 1110. H. Concessionaire shall use the Concession Premises solely for the purposes set forth above and is strictly prohibited from selling or permitting the sale or consumption of any alcoholic beverages thereon. In addition, the smoking of tobacco products, vaping and/or use of electronic smoking devices by Concessionaire, Concessionaire’s employees or customers is strictly prohibited at the Area. Concessionaire shall be solely responsible for monitoring and informing all customers that alcohol and smoking is strictly prohibited at the Area. Concessionaire may request customers open coolers to ensure there is no alcohol. Any customer refusing to comply with Concessionaire’s request to inspect may be denied service. Further, Concessionaire shall display signage at the Concession Premises that will inform the customers of the State law prohibiting alcohol and smoking at the Area. Failure to comply with the requirements set forth in this Paragraph shall constitute a material breach of the this Agreement subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 9 and 1110. I. Concessionaire shall not install, operate, or allow the installation or operation of vending machines on the Concession Premises. J. Concessionaire’s status shall be that of a licensee. Concessionaire, whose term on the Concession Premises shall be seasonal in nature, will not, in any way whatsoever, be granted or conveyed any permanent easement, lease, fee, or other interest in the Concession Premises. K. Department reserves the right to issue Special Use Permits for public education programs for the promotion of natural, recreational and historic resources. Department shall coordinate with Concessionaire to minimize interruption of the Concession Operation and impacts to the Concession Premises. Concessionaire shall not be entitled to compensation for activities approved under a Special Use Permit. The rental of boats and related equipment occurring in conjunction with activities approved under a Special Use Permit shall not be considered in conflict with Concessionaire’s Operation. L. During the Period of Operation, the storage of Concessionaire-owned supplies, goods, equipment and boats shall only be permitted at the Concession Premises, as designated in Exhibit A. Outside of the Period of Operation, Concessionaire may store Concessionaire- owned supplies, goods, equipment and boats for an additional fee as set forth in Subparagraph 1(M). Storage of Concessionaire-owned supplies, goods, equipment and boats shall only be permitted at the Concession Premises, as designated by Department in Exhibit A (“Concession Storage”). Concessionaire shall store all supplies, goods, equipment and boats in the area and manner approved in writing by Department. No heat shall be provided for Concession Storage. Concessionaire shall be responsible for scheduling an inspection with the Area Superintendent to complete the Performance Evaluation Meeting #2, as set forth in Paragraph 1918. Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of the this Agreement. Concessionaire shall clean up, complete the Performance Evaluation Meeting #2 with a Department-designated State Park Service staff representative, as set forth in Paragraph 1918, and vacate the Concession Premises within the designated seven (7) day “take-down” period set forth in Subparagraph 7(A6(A). On or before December 31st of the final Term of the this Agreement or upon termination of the this Agreement, whichever comes first, Concessionaire must remove all supplies, goods, equipment and boats from the Concession Premises. M. For the Initial Term and subsequent Renewal Term(s), if any, additional compensation to Department for Concession Storage outside of the Period of Operation as identified in Subparagraph 1(L) shall be One Thousand Two Hundred ($1,200.00) Dollars and must be submitted by check made payable to “Treasurer – State of New Jersey” and sent to the address set forth in Subparagraph 5(B4(B) (“Concession Storage Fee”). The Concession Storage Fee for the Initial Term of the this Agreement shall be pro-rated and shall be due in the Office of Leases and Concessions on or before September 1, 2021. The Concession Storage Fee for any Renewal Term shall be due in the Office of Leases and Concessions on or before January 1st.

SCOPE OF CONCESSION. A. Concessionaire shall be grantedshall, under a this Concession Agreement (“Agreement”), be the non- exclusive, revocable right to rent exclusive renter of boats and related equipment on an hourly basis at Shepherd LakeLake Absegami, except for rentals associated with Special Use Permits as specified in Subparagraph 1(K1(J) (hereinafter referred to as the “Concession Operation”). Concessionaire’s operation shall be limited to the structure(s) or area(s) provided by Department for concession purposes and specifically designated in Exhibit A (hereinafter referred to as the “Concession Premises”). B. Concessionaire shall, as part of the Concession Operation, rent boats and related equipment for the sole purposes of the Agreement. Boats shall include, but not be limited to, canoes, kayaks, and electric motorized boats with less than ten (10) horsepower motor. Gas motorized boats of any kind are not permitted for rental as part of the Concession Operation by Concessionaire. C. Concessionaire’s operation and the this Agreement shall not be construed so as to affect the privileges accorded to the public’s use of Shepherd Lake Recreation Area Bass River State Forest (“Area”), including public use of Shepherd Lake Absegami and the Concession Premises. Concessionaire’s operation shall not be construed so as to restrain or prevent individual persons or groups of persons from bringing their own boats and recreational equipment, or from bringing boats and recreational equipment rented from other boat-livery operations outside the Area, into the Area, including onto Shepherd Lake Absegami and the Concession Premises. D. C. Concessionaire must maintain a physical staff presence at the Concession Premises at all of the following times: while the Concession is open for business, and while boats and related equipment are in use on the Lake/Reservoir. Failure on the part of Concessionaire to maintain a staff presence at the Concession Premises while the Concession is open for business and while boats and related equipment are in use on the Lake/Reservoir constitutes a material breach of the this Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 9 and 1110. E. D. All Concession customers must receive a properly rated and sized Personal Flotation Device (PFD). All boat rental customers twelve (12) and under must wear a PFD. It is the responsibility of Concessionaire to ensure compliance with the wearing of PFDs. All PFDs must be in serviceable condition with the proper Coast Guard rating and tags, and may not exhibit deterioration that could diminish performance. Any damaged PFDs or PFDs without proper valid tags must be removed from the Area and may not be used by Concessionaire or Concessionaire’s customers. Concessionaire is responsible for ensuring that boats are not overloaded. The proper number of customers in a boat must be based on boat type and the manufacturer’s recommended carrying capacity. Concessionaire is solely responsible for routinely inspecting all boats to ensure that they are safe and free of defects. All boats determined to be unsafe or damaged must be removed from the Area and may not be used by Concessionaire or Concessionaire’s customers until properly repaired. Boat repair is not permitted in the Area; any and all repairs must occur off-site. Concessionaire is solely responsible for the safety of all boats and customers. F. E. All rented boats and related equipment may only be operated on Shepherd LakeLake Absegami. Concessionaire shall instruct all customers that rented boats and related equipment may only be operated on Shepherd LakeLake Absegami. G. F. Concessionaire may request Department-written approval to rent stand up paddleboards. If approved in writing by Department, Concessionaire may rent stand up paddleboards at the Area and shall comply with all of the terms and conditions of the this Agreement. Failure on the part of Concessionaire to obtain Department written pre-approval to rent stand up paddleboards shall be a material breach of the this Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 9 and 1110. Concessionaire shall submit to Department, for approval, a written list of types and prices for all stand up paddleboards. Concessionaire shall not rent stand up paddleboards until Department approves the proposed types and prices in writing. Failure on the part of Concessionaire to obtain Department written pre-approval of the types and pricing of stand up paddleboards shall be a material breach of the this Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 9 and 1110. H. G. Concessionaire shall use the Concession Premises solely for the purposes set forth above and is strictly prohibited from selling or permitting the sale or consumption of any alcoholic beverages thereon. In addition, the smoking of tobacco products, vaping and/or use of electronic smoking devices by Concessionaire, Concessionaire’s employees or customers is strictly prohibited at the Area. Concessionaire shall be solely responsible for monitoring and informing all customers that alcohol and smoking is strictly prohibited at the Area. Concessionaire may request customers open coolers to ensure there is no alcohol. Any customer refusing to comply with Concessionaire’s request to inspect may be denied service. Further, Concessionaire shall display signage at the Concession Premises that will inform the customers of the State law prohibiting alcohol and smoking at the Area. Failure to comply with the requirements set forth in this Paragraph shall constitute a material breach of the Agreement subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. I. H. Concessionaire shall not install, operate, or allow the installation or operation of vending machines on the Concession Premises. J. I. Concessionaire’s status shall be that of a licensee. Concessionaire, whose term on the Concession Premises shall be seasonal in nature, will not, in any way whatsoever, be granted or conveyed any permanent easement, lease, fee, or other interest in the Concession Premises. K. J. Department reserves the right to issue Special Use Permits for public education programs for the promotion of natural, recreational and historic resources. Department shall coordinate with Concessionaire to minimize interruption of the Concession Operation and impacts to the Concession Premises. Concessionaire shall not be entitled to compensation for activities approved under a Special Use Permit. The rental of boats and related equipment occurring in conjunction with activities approved under a Special Use Permit shall not be considered in conflict with Concessionaire’s Operationexclusive rights. L. During the Period of Operation, the K. The storage of Concessionaire-owned supplies, goods, or equipment and boats shall is only be permitted at the Concession Premises, as designated in Exhibit A. Outside of the Period of Operation, Concessionaire may store Concessionaire- owned supplies, goods, equipment and boats for an additional fee as set forth in Subparagraph 1(M). Storage of Concessionaire-owned supplies, goods, equipment and boats shall only be permitted at the Concession Premises, as designated by Department in Exhibit A (“Concession Storage”). Concessionaire shall store all supplies, goods, equipment and boats in the area and manner approved in writing by Department. No heat shall be provided for Concession Storage. Concessionaire shall be responsible for scheduling an inspection with the Area Superintendent to complete the Performance Evaluation Meeting #2, as set forth in Paragraph 19. Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of the this Agreement. Concessionaire shall clean upremove all supplies, complete the Performance Evaluation Meeting #2 with a Department-designated State Park Service staff representative, as set forth in Paragraph 19goods, and vacate equipment from the Concession Premises Area within the designated seven (7) day “take-down” period set forth in Subparagraph 7(A6(A). On or before December 31st of the final Term of the Agreement or upon termination of the Agreement, whichever comes first, Concessionaire must remove all supplies, goods, equipment and boats from the Concession Premises. M. For the Initial Term and subsequent Renewal Term(s), if any, additional compensation to Department for Concession Storage outside of the Period of Operation as identified in Subparagraph 1(L) shall be One Thousand Two Hundred ($1,200.00) Dollars and must be submitted by check made payable to “Treasurer – State of New Jersey” and sent to the address set forth in Subparagraph 5(B) (“Concession Storage Fee”). The Concession Storage Fee for the Initial Term of the Agreement shall be pro-rated and shall be due in the Office of Leases and Concessions on or before September 1, 2021. The Concession Storage Fee for any Renewal Term shall be due in the Office of Leases and Concessions on or before January 1st.