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HomeMy WebLinkAboutRes 27-94 06/21/1994 AF/ 6/14/94 RESOLUTION NO. 27-94 A RESOLUTION AUTHORIZING EXECUTION OF A GRANT OF LICENSE WITH GAlL MEYERS TO CONDUCT THE ANNUAL FARMERS MARKET WHEREAS, the Village of Mount Prospect supports the annual Farmers Market held in the commuter parking lot; 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 grant a license to Gail Meyers to conduct the annual Farmers Market. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The Board of Trustees of the Village of Mount Prospect do hereby authorize the issuance of a License to Gail Meyers to conduct the Farmers Market on Chicago and Northwestern Railroad property, which property is leased by the Village and under the control of said Village, a copy of said License is attached hereto and hereby made a part hereof. 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: Clowes, Hendricks, Skowron, Wilks NAYS: None ABSENT: Hoefert PASSED and APPROVED this 21st day of June, 1994. Mayor Pro Tem/ / ATTEST: Carol A. Fields Village Clerk GRANT OF UCENSE The Village of Mount Prospect hereby grants a license to GAlL MEYERS for the purpose of operating a Farmer's Market on the parking lots located at the Chicago Northwestern 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 Chicago Northwestern Railroad Company. This License is subject to the following conditions: 1. The term of the License shall be from July 10, 1994 through October 16, 1994. 2. Each vendor operating at the Farmer's 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 in the form attached hereby as Exhibit "A". 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 law or this Grant of License. 4. The licenses must issue written rules applicable to all vendors and must certify each vendor as qualified prior to the vendor's participation in the market. 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. Pdor to November 1, 1994, the licensee shall issue a written report to the Village Manager discussing the financial aspects of running the market, problems encountered in the 1994 season, along with potential solutions, proposals for improving the market and the outlook for the market's future. 7. The licensee shall possess a Certificate of Insurance for public liability insurance in an amount of not less than $1,000,000 per occurrence naming both the Village of Mount Prospect and the Chicago Northwestern Railroad Company as additional insured. This Grant of License is personal to GAlL MEYERS and may not be transferred to any other person or entity. Dated this ;~.st. day of June ,1994. VILI~ By; 'illage Manager ~.Ga~Me~rs ~ HOLD HARMLESS WHEREAS, GAlL MEYERS (hereinafter referred to as 'GRANTEE') has requested permission of the corporate authorities of the Village of Mount Prospect, hereinafter referred to as (GRANTOR') to operate a Farmer's Market within the parking lots located on the Chicago Northwestern 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. 27-94 on June 21, 1994 entitled "A Resolution Authorizing Execution of a License to Gall Meyers 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 Farmer's Market within the parking lots located on the Chicago Northwestern Railroad property, located both east and west 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 its 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 Farmer's 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 or GRANTOR. 5. Any notice herein provided to be given shall be deemed property given if in writing and delivered personally or mailed to the GRANTOR at: 100 South Emerson Street Mount Prospect, Illinois 60056 or to the GRANTEE at: Mount ProspeCt, Illinois 60056 Farmers Market Hold Harmless Page 2 of 2 or to such other person or addresses as the parties hereto may from time to time designate upon written notice. 6. This Agreement shall inure 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 p.~er officers, thel~untp duly authorized and t?eir resp~ive seals to be affixed this ~ j day of L_~. Village of Mount Prospect, a iMunicipal Corporation ATTEST: Village Clerk