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HomeMy WebLinkAboutRes 16-15 05/05/2015 A Grant of License with the MP Lions Club to Conduct a Farmers' Market RESOLUTION NO. 16-15 A RESOLUTION AUTHORIZING EXECUTION OF A GRANT OF LICENSE WITH THE MOUNT PROSPECT LIONS CLUB TO CONDUCT A FARMERS' MARKET WHEREAS, the Village of Mount Prospect supports the annual Farmers' Market held in the commuter parking lots; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined that the best interests of the Village would be served by entering into a Grant of License between the Village and the Mount Prospect Lions Club in order to conduct the annual Farmers' Market from May 31, through October 11, 2015. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS A HOME RULE MUNICIPALITY: SECTION ONE: That the Mayor and Board of Trustees of the Village of Mount Prospect do hereby authorize the execution of a Grant of License to the Mount Prospect Lions Club to conduct the Farmers' Market on Union Pacific Railroad property, which property is leased by the Village and under the control of said Village, a copy of the Grant of License is attached hereto and hereby made a part of as Exhibit "A". SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Hoefert, Matuszak, Polit, Rogers, Saccotelli, Zadel NAYS: None ABSENT: None ABSTAIN: None PASSED and APPROVED this 5th day of May, 2015. Arlene A. Juracek Mayor ATTEST: M. Is-9-Angell Village Clerk j H:\CLKO\WIN\RESOLUTION\FarmersMarket,2015.doc Exhibit "A" GRANT OF LICENSE The Village of Mount Prospect hereby grants a license to the MOUNT PROSPECT LIONS CLUB (licensee) for the purpose of operating a Farmers' Market on the parking lots located at the Union Pacific Railroad property located both east and west of Main Street/Elmhurst Road, which property is currently leased by the Village of Mount Prospect from the Union Pacific Railroad Company. This License is subject to the following conditions: 1. The term of the License shall be from May 31 through October 11, 2015. 2. Each vendor operating at the Farmers' Market shall possess a Certificate of Public Liability Insurance in an amount not less than $100,000 per occurrence and shall execute a Hold Harmless Agreement, a copy of which is attached hereto and hereby made a part of as Exhibit "B". 3. This License shall be revocable at any time by the corporate authorities of the Village of Mount Prospect if the licensee or any vendor is in violation of state or local laws or this Grant of License. 4. The licensee must issue written rules applicable to all vendors and must certify each vendor as qualified prior to the vendor's participation in the Market. The licensee shall ensure all applicable Village food code regulations (Chapter 12 of the Mount Prospect Village Code) are followed and enforced. The licensee shall cooperate fully with duly authorized Village employees for enforcement of Village codes including but not limited to prequalification, spot inspections, etc. 5. Within ten (10) days of the execution of this Grant of License, the licensee shall submit to the Village Manager a pro forma revenue and expense statement setting forth certification fees and estimated revenues, expenses, management fees, if any, and the proposed disposition of potential net revenues. 6. Prior to November 30, 2015, the licensee shall issue a written report to the Village Manager outlining the financial aspects of running the Market, problems encountered in the year 2014 season, along with proposed solutions, proposals for improving the Market and the outlook for the future of the Market. 7. The licensee shall possess a Certificate of Insurance for public liability insurance in an amount of not less that $1,000,000 per occurrence naming both the Village of Mount Prospect and the Union Pacific Railroad Company as additional insured. 8. The licensee/grantee shall not discriminate against any employee, applicant, volunteer, authorized vendor or event participant because of race, color, religion, sex, sexual orientation, marital status, national origin or ancestry, citizenship status, age, physical or mental handicap unrelated to ability, military status or an unfavorable discharge from military service. Page 2/2 Farmers Market License 2015 This Grant of License is personal to the MOUNT PROSPECT LIONS CLUB and may not be transferred to any other person or entity. Dated this 5th day of May, 2015. VILLAGE OF MOUNT PROSPECT : By David Strahl Acting Village Manager APPROVED/ACCEPTED: '� or the nt Prospect Lio s Club Exhibit "B" HOLD HARMLESS WHEREAS, MOUNT PROSPECT LIONS CLUB ("GRANTEE") has requested permission of the corporate authorities of the Village of Mount Prospect, ("GRANTOR")to operate a Farmer's Market within the parking lots located on the Union Pacific Railroad property, located both east and west of Main Street/Elmhurst Road; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect did adopt Resolution No. 16-15 on May 5, 2015, entitled "A Resolution Authorizing Execution of a License to the Mount Prospect Lions Club to Conduct the Annual Farmers' Market in the Village". NOW, THEREFORE, upon the mutual covenants and agreements hereinafter set forth and other good and valuable consideration, the receipt of sufficiency of which are hereby acknowledged, the GRANTOR has granted a Grant of License to GRANTEE to operate a Farmers Market within the parking lots located on the Union Pacific Railroad property, located on both the east and west sides of Main Street/Elmhurst Road, which license is conveyed, however, subject to the following terms, covenants and conditions: 1. The GRANTOR may at any future time after the date hereof revoke the License referenced herein and without notice to the GRANTEE and without cost to either the GRANTOR or his/her successors or assigns. 2. Upon such revocation of said License by the GRANTOR, and with written notice of said revocation to the GRANTEE, the GRANTEE shall cease operation of said Farmers' Market. 3. GRANTEE shall at all times, and under all circumstances, indemnify, protect, and save harmless the GRANTOR, its grantees, licensees, agents, lessees and invitees, from and against any and all damages, losses, claims, demands, actions, and causes of action whatsoever (including any reasonable costs, expenses, and attorneys' fees which may be incurred in connection therewith)whether or not the claim, demand or other action asserted by meritorious, and which results from or is alleged to arise as a result of the activity being the subject of this Agreement. 4. GRANTOR shall not be liable to GRANTEE, her grantees, licensees, agents, lessees, or invitees for any damages or injuries (including death) to any person thereof except to the extent that injuries or damages are caused by the negligent, willful, or malicious misconduct of GRANTOR. Page 2/2 Farmers' Market Hold Harmless 2015 5. Any notice herein provided to be given shall be deemed properly given if in writing and delivered personally or mailed to the GRANTOR at: 50 South Emerson Street Mount Prospect, Illinois 60056 or to the GRANTEE at: P. O. Box 332 Mount Prospect, Illinois 60056 or to such other person or address as the parties hereto may from time to time designate upon written notice. 6. This Agreement shall insure to the benefit of and be binding upon the parties hereto and their respective successors in interest. IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be executed by their proper officers, thereunto duly authorized and their respective seals to be affixed this 5tn day of May, 2015. MOU PROSPECT LIONS CLUB By: VILLAGE OF MOUNT PROSPECT, a municipal corporation By. David Strahl Acting Village Manager ATTEST: M. Lisa A Bell Village Clerk j H:\CLKO\WIN\RESOLUTION\FarmersMarket,2015.doc DATE A�Ro CERTIFICATE OF LIABILITY INSURANCE page 1 of 2 04/(10//2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME Willis of Illinois, Inc. PHONE FAX c/o 26 Century Blvd. MAIL 877-945-7378 888-467-2378 P. o. Box 305191 Ar certificates@willis.com _ Nashville, TN 37230-5191 INSURER(S)AFFORDINGOOVERAGE NAIC# INSURERA: ACE American Insurance Company 22667-002 INSURED INSURER B: Mt. Prospect Lions Club --- INSURER C: Mount Prospect, IL INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:23084787 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DDL SUB POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY y HDOG27336395 9/1/2014 9/1/2015 EACHOCCURRENCE $ 11000,000 S� FE�QRENTED CLAIMS-MADE OCCUR 1 aoccurence) $ 1,000,00 0 X Agg Per Named Insured MED EXP(Any one person) $ 5,000 X is2�000,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 10,000,000 _X1 POLICY PRO LOC PRODUCTS-COMP/OP AGG $ 2,000,000 JECT OTHER: $ A AUTOMOBILE LIABILITY ISAH08827552 9/1/2014 9/1/2015 COM BINE DSINGLELIMIT (Ea accident) $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS _ — X HIRED AUTOS X NON-OWNED PROPERTY ROa cid ntDAMAGE $ AUTOS UMBRELLA LAB OCCUR EACH OCCURRENCE _ $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I RETENTION$ $ WORKERS COMPENSATION PER OE - AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/EN N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? iMandatory in NH) E.L.DISEASE-EA EMPLOYEE $ f yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additonal Remarks Schedule,may be attached if more space is required) Event Date: May 31, 2015- October 18, 2015 *** PROVISIONS OF THE POLICY DO NOT APPLY TO THE SALE OR SERVING OF ALCOHOLIC BEVERAGES *** Provision of the policy apply to the Named Insureds participation in the following activity during the policy period shown above: Farmers Market Union Pacific Railroad is included as an Additional Insured but only with respect to General CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Union Pacific Railroad 1416 Dodge Street Omaha, NE 68179 O,nd Coll:4665702 Tpl:1947096 Cert:23084787 ©1988-2014ACORD CORPORATION.All rights reserved. ACORD 25 12014/01/ The ACORD name and loco are registered marks of ACORD AGENCY CUSTOMER ID: HRH2O229 LOC#: ACORO�' �..� ADDITIONAL REMARKS SCHEDULE Page 9 of AGENCY NAMED INSURED Mt. Prospect Lions Club Willis of Illinois, Inc. POLICY NUMBER Mount Prospect, IL See First Page CARRIER NAIC CODE ACE American Insurance Company 22667-002 1 EFFECTIVE DATE: See First Page ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Liability arising out of the use of premises by the Insured shown above and not out of the sole negligence of said Additional Insured. ACORD 101 (2008/01) Coll:4665702 Tpl:1947096 Cert:23084787 ©2008ACORD CORPORATION.All rights reserved. The ACORD name and loqo are registered marks of ACORD ti A CERTIFICATE OF LIABILITY INSURANCE page 1 of 2 04,`10/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME Willis of Illinois, Inc. PHONE FAX c/o 26 Century Blvd. 877-945-7378 ,. m/r Nay 888-467-2378 P. 0. Box 305191 F-MAIL certificates@willis.com Nashville, TN 37230-5191 INSURER(S)AFFORDINGCOVERAGE NAIC# INSURERA: ACE American Insurance Company 22667-002 INSURED INSURERB: Mt. Prospect Lions Club -- INSURER C. Mount Prospect, IL INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:23084788 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DDL SUB POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY y HDOG27336395 9/1/2014 9/1/2015 EACH OCCURRENCE $ 1,000 000 RAMRFEJORENTED _ CLAIMS-MADE OCCUR l(�taoccurence) $ 11000,000 X Agg Per Named Insured_ MED EXP(Any one person) $ 5,000 X is $2,000,000 PERSONAL&ADV INJURY $ 11000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 10,000,000 X POLICY [� PRO E LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT OTHER. $ A AUTOMOBILE LIABILITY ISAH08827552 9/1/2014 9/1/2015 COM BINEDSINGLE LIMIT (Ea accident) $ 1,000,000 ANY AUTO BODILY INJURY(Perperson) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIREDAUTOS X NON-OWNED PROPERTY eOa RTYDAMAGE $ AUTOS UMBRELLA LIABOCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED I RETENTION$ $ WORKERS COMPENSATION PERSTATUTE FIR OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN _ NIA E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? 1Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ f yes,describe under E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additonal Remarks Schedule,may be attached if more space is required) Event Date: May 31, 2015- October 18, 2015 *** PROVISIONS OF THE POLICY DO NOT APPLY TO THE SALE OR SERVING OF ALCOHOLIC BEVERAGES *** Provision of the policy apply to the Named Insureds participation in the following activity during the policy period shown above: Farmers Market Village of Mount Prospect is included as an Additional Insured but only with res ect to General CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Village of Mount Prospect 50 South Emerson Mount Prospect, IL 60056 Ord Coll:4665702 Tpl:1947096 Cert:23084788 ©1988-2014ACORD CORPORATION.All rights reserved. ACORD 25(2014/011 The ACORD name and loan are registered marks of ACORD AGENCY CUSTOMERID: HRH2O229 LOC#: A��® ADDITIONAL REMARKS SCHEDULE Page 9 of 2 AGENCY NAMED INSURED Mt. Prospect Lions Club Willis of Illinois, Inc. POLICY NUMBER Mount Prospect, IL See First Page CARRIER NAIC CODE ACE American Insurance Company 22667-002 EFFECTIVEDATE: See First Page ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Liability arising out of the use ofpremises by the Insured shown above and not out of the sole negligence of said Additional Insured. ACORD 101 (2008/01) Coll:4665702 Tpl:1947096 Cert:23084788 ©2008ACORD CORPORATION.All rights reserved. The ACORD name and loan are reaktPred mark--of Arc)Rn