The URL can be used to link to this page

Home My WebLink AboutRes 12-17 08/22/2017 Grant of License with Lions Club for Farmer's MarketRESOLUTION NO. 12-17 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 4 through October 18, 2017. 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: Grossi, Hatzis, Hoefert, Rogers, Saccotelli, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 16th day of May, 2017, Ar ene A. Juracek Mayor 0 ATTEST: Karen M. Agora os Village Clerk H:\CLKO\WIN\RESOLUTION\FarmersMarket,2017.doe 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 4 through October 18, 2017,. 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. & Prior to November 30, 2017, the licensee shall issue a written report to the Village Manager outlining the financial aspects of running the Market, problems encountered in the year 2017 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 2017 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 16th day of May, 2017, VILLAGE OF MOUNT PROSPECT By: YW&Vrez Micha l J. Cas dy Village Manager APPROVED/ACCEPTED: far the t#Tt Prospect Lions 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. on May 16, 2017, 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 2017 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 16th day of May, 2017. MOUNT PROSPECT LIONS CLUB B VILLAGE OF MOUNT PROSPECT, a municipal corporation By: d4glino-10, Michael J. Cassa Village Manager ATTEST: Karen M. Agoran a Village Clerk H:\CLKO\WIN\RESOLUTION\FarmersMarket,2017.doc CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INPOIMEIAIMATION 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 IRZ holder Wan ADDITIONAL INSURED, the pollcy(Iss) must Ila endorsed. It SUBROGATION 18 WAIVED, subject to the term$ and conditions of the Pellcy, certain poticies may require an endorsement. A statement on this certificate does not cont" rights to the r.ertifilcaft holder In Mewl of such andoreamsn . PRODUCER ns DSP Insurance 1900 E. Golf Road, Suite 650 Schaumburg, IL 601.73 INSURED Mt. Prospect Lions Club Mt Prospect, Illinois ACE American Insurance THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURE INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER I CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBM EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS TYPE OF INSURANCE POWC1 NUMBER A cENIwRAL L uhL�NEnAI LIABILITY HDOG27856202 09/01/2016 09/0112017 CWMMCLAiM54ADE X =UR R 5 I ,000"000' . AEW'L TE LIMIT APPLMS PER: A J AUTOMOBILE LIABILITY ISAH 9B8 09101/2016 09/01/2017 ANYAUTO ALL AUTO SOS O qXHIRED AUTOS AUTOS UMBRELLA LU1B OCCUR E7ICEStiLUU3 CoLomiI YIN 711 NI DESCRIPTION OF OPERATIONS / LOCATIDNs I VEHICLES (ftaa ACORD gat. AddftlorAt Remarks Sdwhds, It more space Is raquked) Provisions of the policy apply to the named Insureds participation in the following activity during the policy period s October 15th 2017 Village of Mount Prospect is included as an Additlonal lnsuredlsy, but only with respect to General Liability arising shown above and not out of the sole noance of said additional insured. PROVISIONS OF THE. POLICY DO NO1 PLY TO THE SALE OR SERVING OF ALCOHOLIC BEVERAGES D NAMED ABOVE POP THE POLICY PERIOD )OCUMENT WITH RESPECT TO WHICH THIS 5 HEREIN IS SUBJECT TO ALL THE TERMS, LIMITS EACH OCCURF0M S 1,000,000 (FA 9gagem) S 1,000,000 MERE P LAW2yare 5 5,000 �ADy 51.000,000 GENERAL AGGREGATE 5 10,000,000 PROD '$ - CLaW10P AGG $ 2,000,000 s ..1.000,000 , BODILY MLIURY (Per I)MM) S....�.. ., . BODILY 1WURY IPer t S S_ S EACtIOCCURRENGE 5 AGGREGATE S 'S A E -L, EACH ACCIDENT 5 E.L DISEASE - EA S E.L.DISEASE -POLICY LIMIT S hown above: Farmers Market June 4th thru )ut of the use of premises by the Insured CERTIFICATE 14OLDER _ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Villaga of Mount Prospect THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 50 South Emerson ACCORDANCE WITH THE POLICY PROVISIONS. Mt. Prospect, Illinois 60056 AUTHORIZED REPRESENTATIVE ACORD 25 (2070105) The ACORD name and logo are registered marks of ACORD FavYYw5