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Home My WebLink AboutRes 18-16 05/03/2016 Grant of License with the Lions Club for Farmer's MarketRESOLUTION NO. 18 -16 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 June 12 through October 30, 2016. 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: The Village has granted a Grant of License to the Mount Prospect Lions Club to operate a farmers' market subject to the terms, covenants and conditions of the Hold Harmless Agreement, attached hereto and hereby made a part of this Resolution as Exhibit "B". SECTION THREE: 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 PASSED and APPROVED this 3rd day of May, 2016. Arlene A. Juracek Mayor ATTEST: M. is Angell Village Clerk H:\CLKO\WIN\RESOLUTION\FarmersMa rket,2016.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: The term of the License shall be from June 12 through October 30, 2016. 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, 2016, the licensee shall issue a written report to the Village Manager outlining the financial aspects of running the Market, problems encountered in the year 2016 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 Page 2/2 Farmers Market License 2016 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. 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 3rd day of May, 2016. VILLAGE OF MOUNT PROSPECT By: w4lt�� Michael J. Cassady Village Manager APPROVED/ACCEPTED: ; 4k) '& for VRnt Prospec ions 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 on May 3, 2016, 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: 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 2016 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 3rd day of May, 2016. MOUNT PROSPECT LIONS CLUB VILLAGE -OF MOUNT PROSPECT, a municipal corporation By:A�. 1��7 Michael J. Cassady Village Manager ATTEST: 6�& M. isa Angell Village Clerk H:\CLKO\WIN\RESOLUTION\FarmersMarket,2016.doc ACOWR CERTIFICATE OF LIABILITY INSURANCEDATE¢ILYDDiY1rYY) 04/15/2016 THIS CWTIPWATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT APPIRMATNIILY 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: It the cerdllc als holder is an ADDITIONAL INSURED, the polky(Jes) must be sndorsad. B SUBROGATION is WANED, subjeet to the terms and conditions of the policy, cWN111 policies ntey require an endorSWOO . A statenlant on this owiifkata does not confer rights to the ceraftsts holder In ileu of such endorserna a . PRODUCER DSP Insurance 1900 E. Golf Road, Suite 650 Schaumburg, IL 60173 John Adam 1-60"10706 IWIM.1; 1 IMSS.• NonsclubsOdspins.aorn NOWFARM APFORDIING COVERAM "Wo IrSUReRA: ACE American Insurance Company 22867 INSURED Mt. Prospect Lions club Mt. Prospect Illinois INSURER 5: INSURER c : INSURER D: INSURER E : NAURER F'. E•T•3Tf�:T_Crl f •4:4.411J'N_ IARIi'f-14: 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, TYPE OF INSURANCE ADM POLICY NUMBER LIMITS A GENERAL LIABILITY X CIALc RAI UWAM CSU AMoo�IR Rte. Per Netmed 1tsumd HDOG27396392 /01/2015 09/012fi EA0`10iCE S 1.000,00D S 1,000,000 WWEX� s 5,000 PIIRSMw &ADV INAIRY s 1,000.000 is 52,000,000 OENERALAGGREGATE 310,000,000 c,Ern. Ao4REGATE LIMIT APPLIES PER. X PoucY Lac PRooucts -compo IP Aw s 2,000,000 s A AUTOMOBIE 1-0 rIY Arnra<rro AU OWINIED AUTOS AUT KREDAUTOS AUTOS ISAH08fi58354 101/2015 09/0112016 L 1.000,000 BODILY KIURY MW pence) S BODILY "ANY � acriderllT 11S LOSMIUM3 S tMIBltEtLA u"OOG1R EXCESS LIAS CLAVAS RADE IS EACH 0 1GE S AGGREGATE S DEDI I RE7E TKWS WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y i N PROPRIE7OR,PARO*Ro"-CUTIVE 7 ANY4IC 0F£RlhEMBEREXCLUDEO? PN> in l" MMOPERATIOW below NIA I El. EACH ACCKIENT S E.L DISEASE - EA EINVLOYEA S E.L DISEASE - POLICY LMT I S DESLWM M OF OPERATONS r LOCATIONS r VENO -ES <Anodk ACORD let, Addkk" RMarMs scrwmw, If awe Vfty k I§Wk*Q Provisions of the policy apply to the named insureds participation in the following activity during the policy period shown above: Farmer's Market Jun 12, 2016 to August 30, 2016 Union Pacific Railroad is included as an Additional Insured(s), but only with respect to General Liability arising out of the use of premises by the Insured shown above and not out of the sole negligence of said additional insured. PROVISIONS OF THE POLICY DO NOT APPLY TO THE SALE OR SERVING OF ALCOHOLIC BEVERAGES Union Parc Railroad 1416 Dodge Street Omaha Nebraska 68179 SHOULD ANY OF THE ABOVE DESCRMED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIO i& ACORD 25 (201=5) The ACORD name and logo are registered marts of ACORD CERTIFICATE OF LIABILITY INSURANCE 04115/2016 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND COWERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY TME POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTMORMED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE MOLDER. IMPORTANT, 9 the certtfilaa holder Is an ADDITIONAL. INSURED, tM poiicy(tes) must be endorses. B SUBROGATION IS WAIVED, subject to U* terms and condidons of the policy, certain policies may require an endorsement A statement on this cerdfloots don not confer rights to the cwti tcate holder In lieu of such endorsame s . PRODUCER DSP Insurance 1900 E. Goff Road, Suite 650 Schaumburg, IL 60173 WA John Adams P: E IF,* I&M3164706 ffw; 1 7 7 Iionsciu"dspins.Com APIRORDW`'OVERAW NAIL# NSUMA: ACE American Insurance Company 22867 INSURED Mt. Prospect Lions dub Mt. Prospect Illinois NISURER ; NSURMC: INSURER D: IiStItER E : INSUM : -1—.i i !/73.'.1-14 :1 ZJIF:3.7:I.i>7'IT I 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 CLAW. LW TYPE OF INSURANCE ADM SUSH VAM POLICY NUMBER '61uwrs A GENERALUMLTY X COMMERMALLIABILITY Cwe1154lAOE QX OCCUR X AM Per Named h1sur+ed is $2,000,000 HDOG27396392 1/2015 08/01/2016 EAC{OCCURRENCE S 1,000,000 s 1,000,000 MM EXw Ona S 51000 PERSONAL 3 ADV IWURY s 1,000.000 GENERAL AGGREGATE S 10,000,000 DEME AGGREGATE user APPLES PER: X POLICY LOC PRomcm - cOAwroa AGG s2.000,000 S A AUTOYOBLELLIBLRY AN AUTO AMOWNED SCHEDULED AUT IOREDAUTOS ANUT ISAH08858354 /01/2015 09/01/2016 Lear S1,000,000 SC sooI..YIIIURY(PerW,,) s BODILY NIURY (Par aaWeM S S 3 U1111MLLA LIAR FXCESSLIAB OCaJR E EACH OCCURRENCE S AGGREGATE S DED I I RETENrxms S MIORI(E FtS COMPENSATION AND EMPLOYERS, LIABILITY YIN ANY PROPRIETORIPARTHERIEXECUTNE ❑ OFi MBEREXCLUDED? IMantla4orylin NN► do TIONSWW. N/A ' El. EAG 4AOCIDENT S E.L. DISEASE - EA EMPLOYE S E1.01SEASE-POLICYLOIT S DESCRIPTION OF OPERATIONS / LOCATIONS I VENICI.ES PAnch ACORD 101, AddkkwW Rwmwlu Scbftksb if am,s Wwo w nqukod) Provisions of the policy apply to the named insureds participation in the following activity during the policy period shown above: Farmer's Market Jun 12, 2016 to August 30, 2016 Village of Mt. Prospect is included as an Additional Insured(s), but only with respect to General Liability arising out of the use of premises by the Insured shown above and not out of the sole negligence of said additional insured. PROVISIONS OF THE POLICY DO NOTAPPLY TO THE SALE OR SERVING OF ALCOHOLIC BEVERAGES Village of Mount Prospect 50 South Emerson Mt. Prospect Illinois 60056 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE NTH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/03) The ACORD name and logo are registered marcs of ACORD