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HomeMy WebLinkAboutRes 17-16 05/03/2016 Grant of License with the Downtown MP Merchants Association for Weekly Car ShowsRESOLUTION NO. 17-16 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 14, 2016 through September 24, 2016. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: 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 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 this Resolution as Exhibit "A". SECTION TWO: The Village has granted a Grant of License to the Downtown Mount Prospect Merchants Association to operate a car show 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. Jurace Mayor ATTEST: M. Lisa ngell, Village rk 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 14, 2016 through September 24, 2016. 2. 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 orthis Grant of License. 3. 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. 4. Prior to November 30, 2016, 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 2016 season, along with proposed solutions, proposals for improving the Car Show and the outlook for the future of the Car Show. 5. 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. 6. 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 2016 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 3rd day of May, 2016. VILLAGE OF MOUNT PROSPECT By: Mich el J. Cassad Village Manager APPROVE CEPTED: for th6,Oowntown Mount Prospect Merchants Association 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. on May 3, 2016, 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 Page 2/2 Car Show Hold Harmless or to the GRANTEE at: P. 0. 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 3rd day of May, 2016. DOWNTOWN MOUNT P P CT ERCHANTS ASSOCIATION By: V ' VILLAGE OF MOUNT PROSPECT, a municipal corporation ATTEST: Mtis6 Angell Village Clerk HACLKOIWIMRESOLUTIOMcar show resolution2016.doc By: Michael J. Cassady Village Manager OP ID: LM .4CORO" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYY) 04121/2016 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(les) 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 Aback & Associates, Inc. 1100 W. Northwest Hwy Ste 118 CONTACT NAME: PHONE FAX Arc No Ext): A/C No): E-MAIL ADDRESS: Mount Prospect, IL 60056 Aback & Associates, Inc. USER IITPRO-1 CUSTOMER 1D N: INSURERS AFFORDING COVERAGE NAIC N INSURED Mt Prospect Downtown Merchants INSURER A: Liberty Mutual P.O. Box 632 Mount Prospect, IL 60056 INSURER 8: INSURERC: INSURER D : X INSURER E : BKS57220220 INSURER F: 04/07/2017 COVERAGES CERTIFICATE NUMBER: REVISION NUMRFR! 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 INSURANCEim ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/MY POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 DAMAGETO RENTED PREM SEEa occurrence $ 300,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR X BKS57220220 04/0712016 04/07/2017 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY PRO LOC $ A AUTOMOBILE X LIABILITY ANY AUTO BKS57220220 04/07/2016 04/0712017 COMBINED d�tSINGLE LIMIT $ 1,000,00 (Ea BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ X SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (PER ACCIDENT) $ $ X NON -OWNED AUTOS UMBRELLA LIAR HDEDUCTIBLE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE $ $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETORIPARTNER/EXECUTIVE❑ OFFICER/MEMBER EXCLUDED? N / A I WC STATU- OTH- Y I =R E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS f VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) VILLAGE OF MOUNT PROSPECT IS NAMED ADDITIONAL INSURED IN REGARDS TO "CRUISE NIGHT" EVENT TO BE HELD EVERY SATURDAY NIGHT FROM 6:00-9:00 PM AT MOUNT PROSPECT METRA STATION PARKING LOT - MAY 14TH, 2016 TO OCTOBER 1ST, 2016 CERTIFICATE HOLDER CANCELLATION VILLAGE OF MOUNT PROSPECT VILLAGM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 50 S. EMERSON ST. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN MOUNT PROSPECT, IL 60056 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD OP ID: LM a D CERTIFICATE OF LIABILITY INSURANCEF ��" DATE (MM/DD/YYYY) 04/21/2016 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 Aback & Associates, Inc. 1100 W. Northwest Hwy Ste 118 Mount Prospect, IL 60056 Aback & Associates, Inc. CONTACT NAME: PHONE FFAX c No Ext): I INC,No): AIL ADDRESS: PRODUCER MTPRO-1 CUSTOMER ID #: INSURERS AFFORDING COVERAGE NAIC # INSURED Mt Prospect Downtown Merchants INSURER A: Liberty Mutual P.O. Box 632 Mount Prospect, IL 60056 INSURER B INSURER C INSURER D: X INSURER E: BKS57220220 INSURER F: 04/07/2017 COVERAGES CERTIFICATE NUMBER: 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 INSURANCEADDLISUOR AUTHORIZED REPRESENTATIVE POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DDlYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIA131LITY CLAIMS -MADE I OCCUR X BKS57220220 04/07/2016 04/07/2017 PREMISES Ea occurrence $ 300,000 MED EXP (Any one person) $ 15,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY PRO JECT LOC $ A AUTOMOBILE X LIABILITY ANY AUTO BKS57220220 0410712016 0410712017 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ X SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE $ (PER ACCIDENT) X NON -OWNED AUTOS $ $ UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB DEDUCTIBLE $ $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS` LIABILITY Y / N ANY PROPRIETOR/PARTNERIEXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? N / A WC STATU- OTH- T Y LIMIT ER E,L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) CERTIFICATE HQLDER IS NAMED ADDITIONAL INSURED IN REGARDS TO "CRUISE NIGHT" EVENT TO BE H LD EVERY SATURDAY 6:00-9:00 PM AT THE MT. PROSPECT METRA STATION PARKING LOT - MAY 14TH, 2016 - OCTOBER 1 ST, 2016 CERTIFICATE HOLDER CANCELLATION 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 ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD