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HomeMy WebLinkAboutRes 04-12 04/03/2012 Execution of a Grant License to Conduct Weekly Car ShowsRESOLUTION NO. 04 -12 A RESOLUTION AUTHORIZING EXECUTION OF A GRANT OF LICENSE WITH THE DOWNTOWN MOUNT PROSPECT MERCHANTS ASSOCIATION TO CONDUCT WEEKLY CAR SHOWS WHEREAS, the Village of Mount Prospect supports the summer "Blues Mobile Cruise Night" car shows held in the commuter parking lots; and WHEREAS, the Mayor 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 Downtown Mount Prospect Merchants Association in order to conduct the annual Car Shows from May 19, 2012 through September 29, 2012. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the President and Board of Trustees of the Village of Mount Prospect do hereby authorize the execution of a Grant of License to the Downtown Mount Prospect Merchants Association to conduct the Car Show 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, Juracek, Korn, Matuszak, Polit NAYS: None ABSENT: Zadel PASSED and APPROVED this 3rd day of April, 2012. H: \CLKO \WIN \RESOLUTION \car show resolution2012.doc Exhibit "A" GRANT OF LICENSE The Village of Mount Prospect hereby grants a license to the DOWNTOWN MOUNT PROSPECT MERCHANTS ASSOCIATION (licensee) for the purpose of operating a Car Show 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 19, 2012 through September 29, 2012. 2. Each vendor selling food at the Car Show shall utilize a food cart licensed by the Village of Mount Prospect Environmental Health Division and in compliance with all health and sanitation regulations of the Village and the State of Illinois. 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. 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. 5. Prior to November 30, 2012, the licensee shall issue a written report to the Village Manager outlining the financial aspects of running the Car Show, problems encountered in the year 2012 season, along with proposed solutions, proposals for improving the Car Show and the outlook for the future of the Car Show. 6. 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. 7. 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 Car Show License 2012 This Grant of License is personal to the DOWNTOWN MOUNT PROSPECT MERCHANTS ASSOCIATION and may not be transferred to any other person or entity. Dated this 7 day of April, 2012. EXHIBIT "B" HOLD HARMLESS WHEREAS, DOWNTOWN MOUNT PROSPECT MERCHANTS ASSOCIATION ( "GRANTEE ") has requested permission of the corporate authorities of the Village of Mount Prospect, ( "GRANTOR ") to operate a Car Show within the parking lots located on the Union Pacific Railroad property, located both east and west of Main Street/Elmhurst Road; and WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect did adopt Resolution No. 04 -12 on April 3, 2012, entitled "A Resolution Authorizing Execution of a License to the Downtown Mount Prospect Merchants Association to Conduct the Annual Car Show 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 Car Show 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 Car Show. 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. 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: Page 2/2 Car Show Hold Harmless P. O. Box 632 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 ay of April, 2012. OP ID: HM . <7"mi CERTIFICATE OF LIABILITY INSURANCE r ATE(MM /DD/YYYY) 02/23112 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 847 - 398-1950 Aback & Associates, Inc. 847- 398 -1956 1100 W. Northwest Hwy Ste 118 Mount Prospect, IL 60056 Aback & Associates, Inc. CONTACT NAME: PHONE FAX A/ No Ext : A/C No E -MAIL ADDRESS: PRODUCER MTPRO -1 CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC # INSURED Mt Prospect Downtown Merchants P.O. Box 632 Mount Prospect, IL 60056 INSURERA:CNA Insurance Company 20443 INSURER B: Lloyds INSURER C INSURER D: EACH OCCURRENCE INSURER E: A INSURER F: X COVERAGES CERTIFICATE NUM BER: 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 LTR TYPE OF INSURANCE kDDL SUBR POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY X 4030557228 04/07/12 04/07/13 DA AGE TO RENTED PREMISES Ea occurrence $ 300,00 MED EXP (Any one person) $ 10 CLAIMS -MADE FX1 OCCUR PERSONAL & ADV INJURY $ 1 GENERAL AGGREGATE $ 2 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2 $ X POLICY PRO LOC A AUTOMOBILE LIABILITY ANY AUTO 4030557228 04107/12 04107/13 COMBINED SINGLE LIMIT (Ea accident) $ 1 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ ALL OWNED AUTOS PROPERTY DAMAGE (Per accident) $ SCHEDULED AUTOS HIRED AUTOS X X $ NON -OWNED AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DEDUCTIBLE $ $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR /PARTNER /EXECUTIVE TATI WC TOR Y LIMITS ER DER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ OFFICER /MEMBER EXCLUDE D? ❑ (Mandatory in NH) NIA E.L. DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below B Liquor Liability 7S50211 MWL00077 10/15111 10/16/11 Liquor 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is re CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED IN REGARDS TO "CRUISE NIGHT" EVENT TO BE HELD EVERY SATURDAY 6:00 -9:00 PM AT THE MT. PROSPECT METRA STATION PARKING LOT - MAY 19TH, 2012 THROUGH SEPTEMBER 29TH, 2012 CERTIFICATE HOLUEK k ANtiCLLAI IVIY UNION PACIFIC UNIONPA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 101 N. WACKER DR - STE 1910 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CHICAGO IL 60606 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �� ACORD 25 (2009109) U 1988 -2009 AGUKU GUKI'UKA 1 IUIV. All rlgnrs reserVea. The ACORD name and logo are registered marks of ACORD