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Home My WebLink AboutRes 30-08 05/20/2008 RESOLUTION NO. 30-08 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 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 Mount Prospect Lions Club in order to conduct the annual Farmers' Market from June 8, 2008 through October 26, 2008. 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: Corcoran, Hoefert, Juracek, Korn, Lohrstorfer, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 20th day of May, 2008. 4W~ 1; tR~ Irvana K. Wilks Mayor ATTEST: '~~~~4']@ M. Li~a ngell Village Clerk H :ICLKOIWI NIR ESIF armersM a rket,200B.doc 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 Mayor and Board of Trust~~s gf the Village of Mount Prospect did adopt Resolution No. .~ ~ 08" on May ~~008, 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 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 the)f proper officers, thereunto duly authorized and their respective seals to be affixed this ~y I...eray of May, 2008. B VILLAGE OF MOUNT PROSPECT, a municipal corporation By ~r.~oL f~ Michae E. Janonis Village Manager ATTEST: ~1taf~~ /M. Li a ngell \'" Village Clerk H :Ie lKOIW INIR ESIF armersMarket,2008. 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 June 8, 2008 through October 26, 2008. 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, 2008, the licensee shall issue a written report to the Village Manager outlining the financial aspects of running the Market, problems encountered in the year 2008 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. Page 2/2 Farmers Market License 2008 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. This Grant of License is personal to the MOUNT PROSPECT LIONS CLUB and may not be transferred to any other person or entity. _'" C ff.l~/ Dated thi~ day of May, 2008. v.~ MOUNT PROSPECT B : 11/tcirul F. ~ --- Michael E. Janonis ;;m Village Manager ((J/ APPROVED/ACCEPTED: ~~ for the . nt Prospect Lions Club MAYOR Irvana K. Wilks MOllnt l:>>rospcct VILLAGE MANAGER Michael E. Janonis TRUSTEES Timothy J. Corcoran Paul Wrn. Hoefert Arlene A. Juracek A. John Korn Richard M. Lohrstorfer Michael A. Zadel ~ VILLAGE CLERK M. Lisa Angell Phone: 847/392-6000 Fax: 847/392-6022 TDD: 847/392-6064 www.mount.prospect.org Village of Mount Prospect 50 South Emerson Street, Mount Prospect, Illinois 60056 March 4, 2008 ~.~. 5"1,.0[0'0 Jim Harrel Senior Manager - Real Estate Real Estate Department Folder: 01774-36 Union Pacific Railroad 1800 Farnam Street Omaha, NE 68102 Re: Mount Prospect Farmers Market Dear Mr. Harrel: Enclosed you will find a check from the Mount Prospect Lions Club for $250 to cover the next five years of lease payments commencing with the 2009 season through the 2013 season to operate the Farmers Market in the commuter parking lot. The insurance certificate for the 2008 season is also enclosed for your records. On behalf of the Loins Club and the community I would like to thank Union Pacific for the continued cooperation in staging this valued community event. Please contact me at 847-392-6000, extension 5305 if you have any other questions. SincerelY~ / /J ~-,J ;;;;-6-4/ David Strahl Assistant Village Manager C: Tom Zapler Fred Steinmiller, Loins Club H:\VILM\Farmers Mkt\Farmers Market Lease Letter 2009-2013 Season. doc 82/19/88 11:38:24 (638) 324-2779-} 84795fi9583 Page 882 ~ " $ CERTIFICATE OF LIABILITY INSURANCE I [lATE IMWOC,IYVYYI ABRD 02119/2008 PRODUCER THIS CERTIFICATION 18 ISSUED AS A MAnER OF tNFORMAnON r-iRH ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE -333 E. Bulterlield Road ~cth Fi:)or HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Lomb..lrd. 1 L 6\:1"148 AI-TER THE COVERAGE AFFORDeD BY THE POLICIES BELOW; I P~l<",e: (SOO,S16...3705 Fro< ($2.0) :S:24-27TII I INSURERS AnOROING COVERAGE NAIC# INSURE!) 1~4SUR!ER A: ACE American Insurance Company 22667 Mount Prosped Lions Club INS,IREll B: IIl1nc>s IN5~ER C II>lSUREll (1 !!'lSURERE: COVERAGES THE POLICIES OF INSURANCE lISTED BELOW HA\lE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POliCY PERIOD INDICATEO_ NOTWITHSTANDING ANY RE';)UlREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W'lTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AfFORDED BY THE FOUCIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POllGIES.ACl(~REG,l.TE LIMITS SHOWN MAV HAVE BEEN REDUCED BY PAID CLAIMS. 'rm~t'i TVl'li OF iN$IJRANCl; POlII:VNUMB!:R POL~ EffE.<:;wr PtlLIl;Y EXPIRATION LIMITS I ~ERAlUABUTY ImOG21745662 & OS'L~Jli20m 09!Of!2OCJ6 EACH ~RENCe; 8 1.1}J(iOOO . 1"\ ~r=rt.1ERC'1\i.. ;3ENER.>,l, lI~elUTY CSZ03025G5 I ~E$ ,E. llttU~ncl' t 1,000,(100 -, "''''S '"".000 [gJ ,),-rUR !.liED EXP {"Il'/""" person} $ 1,000 1_ u~- ~l. -.. ,...,... I- PER$Ohl-.o.L& A':J',' IN,,'';~Y . 1,000,000 I- ~ENER.J.. .A.QC-oREGATE S 2,000,000 13E,'lj'L A:HRE3.A.E tiMIT APFlIE5 PER: PRODUCTS - COlAP!OF .'<:3G .$ 2,000,000 II P'Xlc,,-n ~~ n lC,...; ; Al.ITOM<.9ILE l,ABlliT'f HDOG21745662 & OM;! 120,')7 M/{1'l!2008 COMSINl:D SII\P.IlE LIMlT INCLUDED .---.. s A ANY AUTO. CSllJ:3(i2'50~i {-Ea accr~~ -.-- I- "'Li~ O'~''''''.JEO .:l.:~.ITO:3 &OC'iLV IlWRY IN ABOVE s SC:HE.['Ui..E~:a ,o\UTO.S {P"er~on; ~ I-1IRE[;: ,~:",lTJ)S BODILY tlJURY I- $ X NO"'~-G"I;...NED AUT~S (~r3l.:Clcltl\l) I- I- PROl>ERTY o.6.MAGE $ (~r scddetll) RGELlABIlITY AUTO ONLI'- EA ".CCIClENT S Att"Y A.UTO OTHER THAN ~A"'CC $ ,',UTe ONLY: AC-.1~ $ EXCESSiUMBRHLA UABlLlTY EACH OCCURRENCE e t=J OCCUR D CLAIMS MADE AGGREC,},TE S $ ~ DEO<K.'TIBlE i RETENTION S S WORKERS COMPENSATION AND I T~fL'1J,\f; I IOl.t:f EMf>lI:iYElW lIABILITY E.L. EA,CH "'CCIC.c;t~T t AN" PRO?RIETORIf'AATNER'EXEC~I'''E C~JC-ER:lku:MGER EXCLUDED? SL. i:::I3S^,sE - E.... EMPLOYE! $ If >'!:$. dtnoilloll undt, E.L. C'ISEA;OE - FOUCl'llrf,;T S SPECI.S,L PRQVreV;lNS t..!o.~ eTHER DESCRIPllON Of' OPtRATlONS! LOC!8.11ONS 'VEHK'.lES ' EXCLUSIONS ADDED 8V ENDORSEMENT! SPECIAl 9ROVISlONS t7r:~ra~~~~I::: apply to the named Insured's par1ldpallDllln\he following adlvlty during the pc>lcy period shown above: operating a FlIt'IneTS Market fam. June 8. Odober 19. 2008 at the Union Paclfic Railroad, 1416 Dodge Slreel. Omaha. Nebraska 68179 is included as an Additionallnsured(sl, but only w~h respect to General Liability arising out of \he use of premises by the Insured s!ldIM, above and no! out afthe sale negNgenoe of said additional Insured. PROVISIONS OF THE POliCY DO NOT APPLY TO THE SAlE OR SERVING OF ALCOHOlIC BEVERAGES CANCELLATION 5HOOW NfY OF THE ABOVE DESCRIBED POUCIES BE CANCEllED BEFORE mE EXPIRATION DATE mEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTlCf TO THE CERTIFIC!8.TE HOLDER NAIlED TO mE LEFT. BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR U.~11JlY OF ANY K1Nli UPON 1lIE INliURER, 1T.5 AGENTS OR REPRESENTATI\IES, AUmORIZED REPRESENTA1M: ACORD 26(2001108) @ACORD CORPORATION 1988