===== PDF PAGE 16 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO CITY COUNCIL AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: ___5.A. & B.___ Resolution 26-R-0015 - 2026 Mosaic Market Special Event Permit & COMMITTEE AGENDA DATE: February 17, 2026 Market License Agreement COUNCIL AGENDA DATE: February 17, 2026 STAFF REVIEW: Kelley Chrisse, AICP, CEcD SIGNATURE __________________________ ITEM SUMMARY: The City proposes to launch a summer, open-air cultural market on Main Street in 2026, branded as the “Mosaic Market.” The market is structured as a 12-week pilot program intended to advance sev- eral City objectives, including: • Increasing foot traffic and visibility in downtown; • Supporting local businesses through cross-promotion and complementary programming; • Providing opportunities for artists, makers, and food vendors; and • Creating a recurring event that builds community identity, vibrancy, and pride. To implement this program, the City has negotiated a Market License Agreement with a third-party organizer, Bensidoun USA, Inc. Bensidoun currently operates multiple farmers and French-style markets throughout the region and brings professional market management experience that comple- ments City staff’s expertise in public space management, programming, and community engage- ment. Under this agreement, the organizer will be responsible for vendor recruitment, market opera- tions, layout, and day-to-day management of the market. City staff will coordinate complementary activities and programming alongside the market—such as a car show, entertainment, demonstra- tions, or family activities—to enhance the overall visitor experience and maximize community bene- fit. Pursuant to the adopted 2026 budget, the City Council has already authorized funding to support this pilot program, anticipated at up to $20,000 in total. The Market License Agreement requires no direct management fee from the City, as Bensidoun will be compensated through vendor booth fees and will retain a local Market Supervisor to coordinate directly with vendors. This budgeted funding, together with City-provided services such as temporary street closures and routine cleanup, is in- tended to help establish the market as a successful and sustainable downtown attraction in its first year. The accompanying Special Event Permit reflects the operational details of the Mosaic Market out- lined in the Market License Agreement, including proposed dates and hours, street closure areas, site layout, trash and cleanup procedures, accessibility considerations, and the respective roles of the organizer and City staff. The permit reflects coordination between the City and the organizer and ensures that public safety, traffic management, and neighborhood impacts are appropriately ad- dressed. ===== PDF PAGE 17 ===== [Extraction: embedded PDF text] Prior to the start of the market season or a party’s participation, City staff will coordinate with the market organizer and any other applicable parties to obtain required hold harmless agreements and certificates of insurance. Staff recommends that the Public Affairs Committee: 1. Acknowledge the terms of the Market License Agreement as the framework for the pilot pro- gram; and 2. Approve the Special Event Permit for the Mosaic Market as presented. Staff will work closely with the operator throughout the season and return to the Committee in the fall with an evaluation of the pilot, including vendor participation, community feedback, and recommen- dations for future programming. ACTIONS PROPOSED: Approval for: • Market License Agreement with Bensidoun USA, Inc. for the operation of the Mosaic Market • Use of City streets for vendor staging and event activities • Use of Police and Public Works services to support the event • Street closures on Market Days for the event from 2:00pm to 9:00pm on Main Street from Washington Street to Center Street, while maintaining clearance for emergency vehicles • Use of public right-of-way for posting signs promoting the market COMMITTEE RECOMMENDATION: This item is being presented to the Public Affairs Committee for consideration prior to the City Coun- cil meeting. Attachments: • Special Event Permit Application for Mosaic Market • Resolution 26-R-0015 ===== PDF PAGE 18 ===== [Extraction: embedded PDF text] City of West Chicago SPECIAL EVENT PERMIT APPLICATION THIS FORM MUST BE COMPLETED IN FULL & SUBMITTED 90 DAYS PRIOR TO THE EVENT PERMIT NO. _______________ Special Event Permit Application The Special Event Application must be submitted to the City of West Chicago a minimum of ninety (90) days prior to the event if it requires closure of public streets, or use of public parking lots and/or city personnel. The 90-day time period allows sufficient time to evaluate the request and provide a recommendation to the City Council for its consideration. For any late submittals (applications submitted less than 90 days prior to the event), a $50 late fee must be paid with the application. Further, the applicant runs the risk of their Special Event request being denied. Note: Prior to review of the Special Events Permit Application, all applicants must submit the Intent to Meet Insurance Requirements form (page 2). Submittal Checklist 1. Completed and signed Special Event Application □Intent to Meet Insurance Requirements □Section 1 – General Information □Section 2 – Narrative □Section 3 – Permits □Section 4 – Site Plan and/or Route Map □Section 5 – Task List and Due Dates □Section 6 – Hold Harmless Agreement 2. Completed and signed applications(s) for other permits(s) (See Section 3) □Carnival Permit Application - $50 per employee □Fireworks Permit Application – $125 (Check made payable to the West Chicago Fire Protection District) □Building Permit Application (temporary tents – see min. requirements) - $50 □Raffle Registration Application – requires separate application □Temporary Liquor License Application – requires separate application □Temporary Food Service Permit (DuPage Co. Health Dept. 630-682-7979) ******************************************************************************************************************** FOR OFFICE USE ONLY ******************************************************************************************************************** Received: ____________________________ Fee Paid: $____________________ Receipt # _____________________________ Check #______________________ Event Acknowledgement Form returned by: Police Dept. _________ Fire Dist. __________ PW _________ Park Dist. _________ CDD _________ □Background checks completed by Police Dept. Date ____________________ □DuPage Co. Health Department notified Date ____________________ □Certificate of Insurance received and approved Date ____________________ Page 1 of 8 ===== PDF PAGE 19 ===== [Extraction: embedded PDF text] *** INTENT TO MEET INSURANCE REQUIREMENTS *** Must be returned prior to application review by City staff Prior to the issuance of a Special Event Permit, all organizations must present a certificate of insurance meeting the criteria listed below: 1. Required limits per IML-RMA are $1mil per occurrence and general aggregate no less than $2mil for contractors/vendors. 2. ***PLEASE NOTE: Under the box labeled “Description of operations/locations/vehicles/exclusions added by endorsement/special provisions”, the following language must appear: “The City of West Chicago, its officials, agents, employees, and volunteers is/are named additionally insured. The additional insured is covered as respect to liability arising out of any work or activities performed on behalf of (company involved) for (event) (date, times (if applicable), location) No endorsements or additional forms modify or limit coverage provided to additional insured. Coverage provided to additional insured is primary as it relates to (event)”. 3. Vendors shall furnish the additional insured endorsement (consult insurance professional; examples include but are not limited to forms CG 2010 or CG 2026) to support the certificate of insurance. The endorsement shall also name “The City of West Chicago, its officials, agents, employees, and volunteers” as primary and non-contributory. 4. If applicable, vendor shall furnish the City with evidence of Worker’s Compensation coverage with statutory limits. 5. The insurance provider will need to submit the Certificate of Insurance and supporting endorsement form preferably via email to specialevents@westchicago.org or fax (630-293-1257) to be considered an original document. I, __Nicolette Stefan____, representing __City of West Chicago______________ (print name of authorized person) (organization) have contacted the appropriate insurance provider and acknowledge that the above insurance criteria can be met. I understand that the Special Event Permit Application will not be reviewed until this document has been signed and returned to the City of West Chicago. _________________________________________________ ___________________2/6/26 (signature) (date) _________________________________________________West Chicago Mosaic Market ___________________Thursdays June 4 - August 20, 2026 (name of event) (date of event) Page 2 of 8 ===== PDF PAGE 20 ===== [Extraction: embedded PDF text] SECTION 1 – GENERAL INFORMATION Name of Event: ______________________________________________________________West Chicago Cultural Market Bensidoun USA is the organizer Type of Event: cultural market in the downtown □Parade □ Walk/Run/Bike □ Carnivals □ Fireworks □ Festival □Other _______________________________________________________________summer market - mimics the feel of a farmers market, but with cultural ties Location of Event: _________________________________________________Downtown on Main St summer ThursdaysDate(s) of Event: ____________Hours of Event: _______to_______4pm 7pm Est. Attendance: _______tbd Event Website: _______________________________________________________________westchicago.org Purpose of event: _____________________________________________________________a weekly event in the summer in the downtown ____________________________________________________________________________ Name of Sponsoring Organization(s): ______________________________________________Bensidoun USA and City of West Chicago Organization’s Legal Status (i.e. NFP, Partnership, Corporation): ________________________ Contact person from sponsoring organization: _____TBD ______________________________ Organizer address: ____________________________________________________________ City/State/Zip: __________________________________________Phone:_________________ Cell Phone: _________________ E-mail: ___________________________________________ Emergency contact information (provide mobile numbers for on-site coordinators during event): 1st Contact: _________________________________________ Phone: _____________________ 2nd Contact: _________________________________________ Phone: _____________________ Is this an annual event? □ Yes □ No If Yes, provide next year’s event date: _____________ If the event is a recurring event, please state any problems and/or incidents that have occurred in past years, such as noise or neighborhood parking complaints. __________________________________________________________________________ __________________________________________________________________________ What, if anything, are you doing to rectify the problem(s)? __________________________________________________________________________ __________________________________________________________________________ SECTION 2 – NARRATIVE On a separate sheet, provide a detailed description of the overall event. The narrative will serve as the special event proposal to City Council. Page 3 of 8 ===== PDF PAGE 21 ===== [Extraction: embedded PDF text] This summer, from June through August, the City will launch a new pilot program, branded the “Mosaic Market.” This event will take place in the downtown, every Thursday from 4:00 to 7:00 p.m. In partnership with Bensidoun USA, inc., renowned for organizing many well- known farmers and French markets in the region, this first-of-its-kind market will celebrate diverse cultural backgrounds through a unique marketplace experience. City staff is also exploring additional activities to enhance the weekly series, such as a car show, live entertainment, and other family-friendly attractions. As with other community events, the BCR, Police, and Public Works departments will assist with road closures and event logistics, with coordination meetings held in advance to ensure a safe and successful program. ===== PDF PAGE 22 ===== [Extraction: embedded PDF text] SECTION 3 – PERMITS Will your event include a carnival? □Yes □ No If yes, you must submit a Carnival Permit Application ninety (90) days prior to the event. Please visit www.westchicago.org under Forms for an application. Does your event include the use of a temporary tent in excess of 400 sq. ft. in area with side curtains or 700 sq. ft. in area without side curtains? □Yes □ No If yes, you must submit a Building Permit Application thirty (30) days prior to the event. Please visit www.westchicago.org under Forms for an application. Will your event include a fireworks display? □Yes □ No If yes, you must submit a Fireworks Permit Application thirty (30) days prior to the event. Please visit www.westchicago.org under Forms for an application. Are you holding a raffle at your event? □Yes □ No If yes, you must submit a Raffle Registration Application fourteen (14) days prior to the event. Not all applicants will qualify for a license. Please visit www.westchicago.org under Forms or contact the City of West Chicago at (630) 293-2200 ext.170 for an application. Will you be applying for a Temporary Liquor License? □Yes □ No If yes, you must submit a Temporary Liquor License Application thirty (30) days prior to the event. To qualify for a Class D license, the applicant must be a local organization or group providing beer and/or wine at a picnic, carnival or similar function. A Class D license shall be authorized on a day-to-day basis but not for more than seven (7) consecutive days. Please contact the City of West Chicago at (630) 293-2200 ext. 170 for an application. Will you be serving food at your event? □Yes □ No If yes, you may be required to submit a Temporary Food Service Permit Application thirty (30) days prior to the event. Please contact the DuPage County Health Department at (630) 682-7979 or visit http://www.dupagehealth.org/temporary-food-service for additional information. Are you requesting services from these departments? □Police □ Fire District / Paramedics □ Public Works Specify services: _________________________________________________________________Road closures _______________________________________________________________________________ Will you be utilizing any of the following services? □Water □ Electric/Generator □ Other _____________________________________________ Page 4 of 8 ===== PDF PAGE 23 ===== [Extraction: embedded PDF text] SECTION 4 – SITE PLAN AND/OR ROUTE MAP Please attach a separate sheet to illustrate the layout for your event. If applicable, the following must be included: Location of garbage receptacles (G) Location and number of barricades (B) Location of toilets (T) Location of fire lane (FL) Location of hand washing sinks (HWS) Location of fire extinguishers (FE) Location of retail vendors (RV) Public entrances and exits (PE) Location of food vendors (FV) Location of “No Firearms” signage (NF) Location of first aid (FA) Location of sound stages and amplified sound (S) Location of residential streets surrounding event Are you requesting the use of any City-owned property, i.e. City streets, parking lots, or sidewalks? □Yes □ No If yes, please indicate the property that you are requesting to use. _________________________________________________________________________________________Downtown on Main St _________________________________________________________________________________________ Would you like to request the closing of City streets? □Yes □ No If yes, please fill in the following information or submit a route map along with this application: Street From To Dates Times ______________________Main Street ________________Turner ________________Washington ___________summer (Thursdays)__________4pm-7pm ______________________ ________________ ________________ ___________ __________ ______________________ ________________ ________________ ___________ __________ ______________________ ________________ ________________ ___________ __________ ______________________ ________________ ________________ ___________ __________ ______________________ ________________ ________________ ___________ __________ Page 5 of 8 ===== PDF PAGE 24 ===== [Extraction: OCR (rendered-page OCR)] Gallery 200 Public Library West Chicago 中 The Wrestling Room Cool Party Balloons Cultural Market -Court Bonds Main St Probate Bonds nerCt Iris Color Hair Salon ilinoisPrairtePathGenevaSpur Turner ompany show, entertainment Other activities: ie car Insura Chamberof Commerce Lechoneria Danilo Luna Westen DuPage Mexican EICoco Loco Atm Galena St Gorditas Liselena Thrift store Something else resale #1 Colombian EWashington St O Google Maps Salon &Spa RoyalPolish Nail 的 J.S.Bank Branch High St Center St Fulton St E Washington St CenterSt Chica Fulton St ===== PDF PAGE 25 ===== [Extraction: embedded PDF text] SECTION 5 – PLANNING WORKSHEET AND REQUIRED TASK DUE DATES* Use this form to determine the date each of these tasks needs to be completed. For tasks that do not apply, please mark “N/A” in the Due Date column. If the Due Date falls on a weekend or holiday, the Due Date becomes the next normal business day. However, this does not affect the other Due Dates, as they are only dependent on the date of the special event. Note: This section must be completed by event organizer prior to notary signature. Date of Special Event: ________________________________ Tasks to be completed Days Due (All items due to City unless noted) Before Event Due Date Submit “Intent to Meet Insurance Requirements” Prior to Prior to application Document (included with Special Event Permit application review review Application, pg.2) Submit Special Event Permit Application 90 days Submit Carnival Permit Application 90 days x Submit Fireworks Permit Application 30 days x Submit Temporary Liquor License Application 30 days x Submit Building (Temporary Tent) Permit x 30 days Application Submit Temporary Food Service Permit 30 days Application(s) (DuPage County Health Dept. – 630-682-7979) Submit Original Certificate of Insurance* 21 days* Submit Raffle Registration Application 14 days Notify residents/businesses of special event 14 days Post “No Firearms” signs at all public entrances N/A Day of Event (See IL State Police requirements for standardized sign in West Chicago’s Special Events Policy) *If this requirement is not met, the proposed event may be cancelled. Page 6 of 8 ===== PDF PAGE 26 ===== [Extraction: embedded PDF text] RESOLUTION NO. 26-R-0015 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A MARKET LICENSE AGREEMENT WITH BENSIDOUN USA, INC. FOR THE 2026 MOSAIC MARKET WHEREAS, the City of West Chicago (“City”) owns and controls public right-of-way and other public spaces, including portions of Main Street in downtown West Chicago; and WHEREAS, the City seeks to activate downtown Main Street through a summer open-air cultural market branded as the “Mosaic Market,” structured as a 12-week pilot program in 2026; and WHEREAS, the objectives of the Mosaic Market include increasing foot traffic and visibility in downtown, supporting local businesses, providing opportunities for artists, makers, and food vendors, and building community identity and vibrancy; and WHEREAS, the City has negotiated a Market License Agreement with Bensidoun USA, Inc., a third-party market organizer with experience operating farmers and French-style markets throughout the region; and WHEREAS, the City Council finds that entering into the Market License Agreement with Bensidoun USA, Inc. serves a valid public purpose and is in the best interests of the City and its residents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Chicago, DuPage County, Illinois, in the exercise of their home rule powers, as follows: SECTION 1. That the foregoing recitals shall be and are hereby incorporated into and made a part of this Resolution as if fully set forth in this Section 1. SECTION 2. The Mayor is hereby authorized and directed to execute, on behalf of the City of West Chicago, the Market License Agreement with Bensidoun USA, Inc. for the 2026 Mosaic Market pilot program, substantially in the form presented to the City Council and attached hereto as Exhibit 1. SECTION 3. The City Administrator, or their designee, is authorized to take all necessary administrative actions to implement the terms of the Agreement consistent with this Resolution. SECTION 4. If any section, paragraph, clause, or provision of this Resolution shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this Resolution, which are hereby declared to be separable. SECTION 5. This Resolution shall be in full force and effect from and after its passage and approval as provided by law. Page 1 of 15 ===== PDF PAGE 27 ===== [Extraction: embedded PDF text] APPROVED this 17th day of February 2026. AYES: ________ NAYES: ________ ABSTAIN: ________ ABSENT: ________ ______________________________ Mayor Daniel Bovey ATTEST: _______________________________ Valeria Perez, Executive Office Manager Page 2 of 15 ===== PDF PAGE 28 ===== [Extraction: embedded PDF text] EXHIBIT 1 MARKET LICENSE AGREEMENT This Market License Agreement (herein known as “AGREEMENT”) is made as of February 17, 2026, by and between the City of West Chicago, Illinois, an Illinois municipal corporation (the “LICENSOR”) and Bensidoun USA, Inc., an Illinois corporation (the “LICENSEE”), WHEREAS the LICENSOR is the owner of the premises herein licensed generally located in the City of West Chicago, Illinois, and WHEREAS the LICENSOR has agreed to license the Premises to LICENSEE subject to the terms and conditions herein provided, and NOW THEREFORE, in consideration of the premises and the mutual covenants herein contained, and other good and valuable considerations the receipt and sufficiency of which are hereby acknowledged, the parties hereto do hereby agree as follows: 1. LICENSED PREMISES. Subject to the terms and conditions set forth in this Agreement, LICENSOR hereby grants to LICENSEE, the LICENSEE hereby accepts, a non-exclusive revocable license to use the curb-to-curb portion of Main Street, in West Chicago, Illinois depicted and described on the aerial attached as Exhibit A (the “Licensed Premises” or “Premises”) for the sole purpose of operating an open-air market pursuant to and in strict accordance with the terms and provisions of this Agreement (the “License”). Except for the License granted pursuant to this Agreement, LICENSEE shall have no legal, beneficial, or equitable interest in the Premises. 2. TERM OF AGREEMENT. (a) TERM. The term of this AGREEMENT shall commence on February 17, 2026 (“Effective Date”) and shall continue until November 30, 2026, unless earlier terminated. (b) PILOT PROGRAM. This Agreement represents a pilot program. Any extension or renewal shall be subject to separate City Council approval, subject to availability of funds for City services. (c) TERMINATION FOR CONVENIENCE. The City may terminate this Agreement, in whole or in part, upon thirty (30) days’ written notice to LICENSEE for any reason or no reason. Any obligations under this Agreement that accrued prior to the effective date of termination shall survive termination and remain the responsibility of the party that incurred such obligations. This termination right is in addition to, and not in lieu of, the City’s rights under Section 18. 3. DEFINITIONS. (a) MARKET SEASON. “Market Season” shall be defined as the season commencing no earlier than June 4, 2026 and terminating no later than August 20, 2026. (b) MARKET DAY. “Market Day” means each Thursday during the Market Season on which the market operates. (c) MARKET HOURS. “Market Hours means 4:00 p.m. to 7:00 p.m. CDT. Page 3 of 15 ===== PDF PAGE 29 ===== [Extraction: embedded PDF text] (d) OPEN-AIR MARKET. “Open-Air Market” means a temporary, outdoor, multi-vendor marketplace held on the Licensed Premises on designated Market Days pursuant to this Agreement. 4. USE OF PREMISES. (a) MAINTENANCE AND OPERATION. LICENSEE shall operate the open-air market at such times described in Section 3. (b) STREET CLOSURES AND ACCESS. The City shall temporarily close Main Street within the Licensed Premises to vehicular traffic for each Market Day. Street closure shall commence no later than two (2) hours prior to Market Hours and shall remain in effect until such time as the City determines in its sole discretion that post-event cleanup has been completed and the street may be safely reopened. Emergency access shall be available at all times during street closure as determined by the City. Sidewalks adjacent to the Premises shall remain open and unobstructed at all times during Market Days. (c) SET-UP AND BREAK-DOWN. LICENSEE shall be responsible for managing the set up and tear-down of the market, including but not limited to all vendor equipment, goods and supplies. LICENSEE and its contractors and vendors shall promptly remove their displays, equipment, and personal property from the Premises upon the conclusion of Market Hours. LICENSEE acknowledges and agrees that LICENSOR shall not be responsible for providing security for any equipment or personal property of LICENSEE or its agents, contractors, and vendors. (d) LICENSOR STAFFING. LICENSOR-provided services described in this Agreement (including street closure operations and routine trash collection/cleanup) are limited to the scope reasonably necessary to support the pilot market as determined by the LICENSOR in its sole discretion and are further subject to staffing availability, emergencies, and public safety needs. Security services are not included as part of the Agreement. (e) ADA ACCESSIBILITY. LICENSEE shall ensure that market layout, vendor spacing, and pedestrian circulation comply with the Americans with Disabilities Act (ADA) and applicable accessibility standards. (f) PARKING. LICENSOR shall have no obligations to secure private parking for the LICENSEE. Parking for market customers and vendors will be available in City lots and on-street parking at no charge on a non-exclusive basis. (g) TRASH REMOVAL AND CLEANUP. As part of the pilot program, the LICENSOR agrees to provide routine trash collection during Market Hours and assist with post-event clean-up, including street sweeping or hosing off surfaces as may be reasonably necessary to reopen the Premises to vehicular traffic. Extraordinary cleanup directly resulting from LICENSEE or vendor noncompliance or unusual conditions directly resulting from the operation of the market may be billed to the LICENSEE. Disposal of cooking oil, grease, or wastewater into City drains or sewers shall constitute “extraordinary cleanup” for which LICENSEE may be billed. (h) DESIGNATED REPRESENTATIVE. LICENSEE shall designate in writing to LICENSOR a MARKET MANAGER who shall be responsible for managing the general operations of the open-air market and the LICENSEE’S use of the PREMISES. The Page 4 of 15 ===== PDF PAGE 30 ===== [Extraction: embedded PDF text] MARKET MANAGER shall be readily accessible by telephone and upon LICENSOR’S request, shall be available to be present at the PREMISES within a reasonable period of time. LICENSEE shall immediately notify the LICENSOR in writing of any change in the identity and telephone number of the MARKET MANAGER. (i) LICENSOR’S RULES AND REGULATIONS. LICENSOR shall have the right, from time to time and upon notice to LICENSEE, to prescribe rules and regulations which, in its judgment, may be desirable for the use of the PREMISES and the safe, orderly, and lawful operation of the market. LICENSEE agrees to comply with all such rules and regulations, provided they do not contradict any right expressly granted to LICENSEE herein. A violation of such rules and regulations shall constitute default by LICENSEE under this AGREEMENT. LICENSEE agrees that vendors will abide by the rules attached as Exhibit B and the City’s Additional Vendor Requirements attached as Exhibit C, both of which are incorporated herein by reference, and that LICENSEE will actively work to enforce these rules. Notwithstanding anything to the contrary, LICENSOR reserves the right, in its sole discretion, to require the removal, suspension, or exclusion of any vendor whose conduct, operations, or activities are deemed by LICENSOR to pose a risk to public safety, violate applicable laws or this Agreement, interfere with street operations, or otherwise be inconsistent with the public interest. LICENSEE shall promptly implement any such direction from LICENSOR. (j) MARKETING. LICENSEE shall provide marketing for the open-air market through a combination of press releases, bought advertisement and through their established digital and social media channels. LICENSOR shall provide marketing for the open-air market through a combination of banners, City newsletters, and City social media posts. (k) CANCELLATIONS; WEATHER. LICENSOR may cancel or suspend a MARKET DAY due to weather, emergency conditions, construction, or public safety needs. To the extent practicable, LICENSOR shall make cancellation decisions and notify LICENSEE no later than 12:00 p.m. (noon) on the applicable Market Day. LICENSEE is responsible for vendor communications following LICENSOR’s notification to LICENSEE of a cancellation or suspension. 5. CONDITION OF PREMISES. LICENSEE hereby accepts the PREMISES in AS-IS, WHERE-IS condition as of the date hereof and at the time of use, and acknowledges that upon delivery of possession of the PREMISES to LICENSEE the same were in good order, condition, and repair. LICENSEE acknowledges and agrees that: (i) LICENSOR has made no representations or warranties as to the suitability of the Premises for LICENSEE’s intended purposes; and (ii) LICENSOR has no responsibility to maintain the Premises in any particular condition or manner. LICENSEE waives any implied warranty that the Premises are or will be suitable for LICENSEE’s intended purposes. 6. RESTORATION. LICENSEE shall, at its sole cost and expense, be responsible for any and all repairs or damage to the PREMISES arising from the misuse or damage to PREMISES by LICENSEE or any vendor, its agents, employees, successors, and assigns. Upon termination of this Agreement by lapse of time or otherwise, LICENSEE shall present the PREMISES to the LICENSOR in good order, condition, and repair, normal wear and tear expected. In the Page 5 of 15 ===== PDF PAGE 31 ===== [Extraction: embedded PDF text] event that LICENSEE fails or refuses to repair or restore the PREMISES that is disturbed or damaged by LICENSEE or any of its vendors, contractors, customers, agents, or guests, LICENSOR shall have the right, but not the obligation, to perform and complete the repair and/or restoration and to charge LICENSEE for all reasonable direct out-of-pocket costs and expenses incurred by LICENSOR for such work. The rights and remedies provided in this subsection shall be in addition to, and not in limitation of, any other rights and remedies otherwise available to LICENSOR. 7. INDEPENDENT CONTRACTOR. LICENSEE is an independent contractor and is not an agent, partner, joint venturer, or employee of the City. LICENSEE has sole responsibility for vendor selection, vendor management, and day-to-day market operations. 8. ALTERATIONS AND ADDITIONS. LICENSEE shall make no alteration, addition, improvement or change in or to the PREMISES. 9. ASSIGNMENT. LICENSEE shall not assign this AGREEMENT or any portion thereof, or allow the use of the PREMISES by any person, firm, or entity other than LICENSEE and its vendors. 10. COMPLIANCE WITH LAWS. LICENSEE shall comply with all of the requirements of all governmental authorities, including sales tax obligations, and insurance carriers now in force pertaining to the use of the PREMISES or which LICENSEE shall hereafter carry. 11. WAIVER; RISK OF LOSS. Neither LICENSOR nor any of its officers, directors, agents, employees, members and affiliated entities shall be liable for any accident, injury or death, loss or damage resulting to any person or property sustained by LICENSEE or LICENSEE’S agents, employees, and/or invitees, anyone claiming by or through LICENSEE or any vendor or customer on the PREMISES, without limitation, for tortious or criminal acts of third parties. LICENSOR shall have no obligation or duty to provide security services or police services for the PREMISES. All property of LICENSEE or LICENSEE’S agents, employees, and/or invitees, anyone claiming by or through LICENSEE any user of the PREMISES shall be at the PREMISES at the risk of the LICENSEE or such other person only, and LICENSOR shall not be liable for any damage thereto, including, without limitation, theft or vandalism of any vehicles at the PREMISES. Nothing in this AGREEMENT shall be interpreted to waive any immunities or privileges provided to the LICENSOR, as an Illinois Municipal Corporation under Illinois Statutory or Common Law, such privileges and immunities being specifically reserved by the LICENSOR. 12. HOLD HARMLESS AND INSURANCE. (a) REQUIRED INSURANCE. LICENSEE shall, at its sole cost and expense, maintain in full force and effect during the entire term of this Agreement the following insurance coverages written by insurers licensed to do business in Illinois and reasonably acceptable to the LICENSOR: (1) COMMERCIAL GENERAL LIABILITY (CGL). Limits of not less than $1,000,000 per occurrence and $2,000,000 general aggregate/combined, including coverage for: • bodily injury and property damage; • personal and advertising injury; and Page 6 of 15 ===== PDF PAGE 32 ===== [Extraction: embedded PDF text] • products/completed operations (if applicable). The policy shall name the City of West Chicago, its officers, elected and appointed officials, employees, volunteers, agents, and affiliated entities as additional insureds on a primary and non-contributory basis for claims arising out of LICENSEE’s operations under this Agreement. Coverage shall apply to LICENSEE’s use of the Premises on Market Days. Failure to maintain the required insurance shall constitute a material breach of this Agreement. (2) AUTOMOBILE LIABILITY. Limits of not less than $1,000,000 combined single limit for owned, hired, and non-owned vehicles used in connection with the market. (3) WORKERS’ COMPENSATION AND EMPLOYERS’ LIABILITY. Workers’ Compensation coverage in compliance with Illinois law to statutory limits, and Employers’ Liability coverage with limits of at least $500,000 per accident / $500,000 disease / $500,000 policy limit, unless higher limits are required by the City. (b) PRIMARY COVERAGE. LICENSEE may require vendors to carry their own insurance; however, LICENSEE’s insurance shall be primary for claims arising out of the operation of the market. The City shall not be required to pursue vendors directly for claims covered by LICENSEE’s policy. (c) INDEMNIFICATION. To the greatest extent permitted under Illinois law, LICENSEE shall defend, indemnify, and hold harmless the LICENSOR, its officers, elected and appointed officials, employees, volunteers, and agents from and against any and all claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to LICENSEE’s operation of the open-air market or its use of the Premises, whether or not any such claim is due or claimed to be due in whole or in part to the active, passive, or concurrent negligence of LICENSOR. Nothing herein shall be construed or result in the waiver of any defenses and immunities granted to LICENSOR under Illinois law. (d) CERTIFICATES OF INSURANCE. Prior to commencement of the market, LICENSEE shall provide LICENSOR with certificates of insurance evidencing all required coverages. The certificates shall state that coverage may not be canceled, non- renewed, or materially modified without at least thirty (30) days’ written notice to the City. 13. WAIVER OF LIABILITY. Except with respect to any negligent act or omission of LICENSOR, LICENSEE will, and does hereby, waive, release, and relinquish all claims of every kind, known and unknown, present and future, that LICENSEE may have against the LICENSOR and its officers, elected and appointed officials, employees, volunteers, and agents arising out of, connected with or in any way related to the use of the Premises, or as a result of the condition, maintenance, and use of the Premises. 14. ASSUMPTION OF RISK. The LICENSEE agrees to assume the full risk of any injuries, including death, and all costs, damages, and losses that LICENSEE or its employees, agents, contractors, agents, servants, employees, contractors, vendors, customers, or invitees may sustain while on the Premises on Market Days, or as a result of the condition, maintenance, or Page 7 of 15 ===== PDF PAGE 33 ===== [Extraction: embedded PDF text] use of the Premises on Market Days. 15. DEFAULT BY LICENSEE. (a) If LICENSEE defaults in the performance of any obligation hereunder, LICENSOR may, pursuant to paragraph (b) below, at its option and in addition to any other rights or remedies hereunder or otherwise available at law or in equity, terminate this AGREEMENT and the right of LICENSEE (and any and all users) to use the PREMISES. Neither LICENSEE nor any vendor or other person claiming through or under LICENSEE shall be entitled to possession or to remain in possession of or use the PREMISES but shall forthwith quit and surrender the PREMISES, and LICENSOR may exclude LICENSEE (including, without limitation, any or all LICENSEE’S vendors) access to the PREMISES. 1) LICENSOR shall provide LICENSEE 30 days’ written notice of any alleged default, which LICENSEE shall have the right to cure, prior to LICENSOR exercising any options pursuant to this paragraph. 2) LICENSOR shall have the right, among other remedies, to enter the PREMISES and exclude LICENSEE (including, without limitation, any or all of LICENSEE’S permit users or permit vehicles) therefore and remove any or all of their property and effects. LICENSEE shall pay to LICENSOR upon demand the expense and costs for removal and/or storage of vehicles, any and all repairs to the PREMISES and all other costs arising from LICENSEE’S default, including but not limited to attorney’s fees and expenses. 3) LICENSEE shall pay to LICENSOR upon demand all costs, expenses and damages incurred by LICENSOR in enforcing LICENSEE’S obligations under this AGREEMENT or resulting from default by LICENSEE or any of LICENSEE’S permit users, including, without limitation, attorney’s fees and expenses. In the event of any litigation arising as a result of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to be reimbursed from the non-prevailing party in such litigation for all fees and expenses incurred by the prevailing party in connection with such litigation including, without limitation, attorneys fees and court costs. 16. NOTICES. All notices to be given hereunder shall be given in person or by registered or certified mail, returned receipt requested, addressed to the parties as follows, or at such other place as either of them may hereafter designate for itself by notice in writing to the other. To Licensor: City of West Chicago 475 Main Street West Chicago, Illinois 60185 Attn: City Administrator Page 8 of 15 ===== PDF PAGE 34 ===== [Extraction: embedded PDF text] To Licensee: Bensidoun USA, Inc. Lawrence J. Feller 405 N. Wabash St. Horwood Marcus & Berk Chtd. Unit 3404 500 West Madison Street, Ste. 3700 Chicago, Illinois 60611 Chicago, IL 60661 E-mail to: bensidoun@yahoo.com Any such notice shall be deemed given when personally delivered or upon being mailed as aforesaid. 17. AUTHORIZATION. Each party has full right, power and authority to enter into this AGREEMENT and to perform its obligations thereunder, and the execution, delivery and performance of this AGREEMENT shall not, nor shall the observance or performance of any of the matters and things herein set forth, violate or contravene any provision of law or of the charter of by-laws of either such party or of any indenture or other agreement of or affecting either party. All necessary and appropriate action has been taken on the party of each party to authorize the execution and delivery of this AGREEMENT. This AGREEMENT is the valid and binding AGREEMENT of each party in accordance with its terms. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT the day and year first above written. CITY OF WEST CHICAGO BENSIDOUN USA, INC. By:_______________________________ By:_______________________________ Mayor Title:______________________________ By: _______________________________ Executive Office Manager Page 9 of 15 ===== PDF PAGE 35 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT A DEPICTION/DESCRIPTION OF LEASED PREMISES Page 10 of 15 ===== PDF PAGE 36 ===== [Extraction: embedded PDF text] EXHIBIT B BENSIDOUN USA, INC. MIDWEST MARKETS VENDOR RULES AND REGULATIONS For these rules and regulations, “Market Hours” means the advertised hours of operation. “Promoter” means Bensidoun USA, Inc., “Space,” means the area rented by the Vendor from the Promoter. “Vendor” means an applicant confirmed to participate in a market by the Promoter. “Vendors’’ means each applicant confirmed to participate in a market by the Promoter. The Promoter reserves the right to adjust the rules and regulations as it deems necessary or appropriate to better serve the buying public, maintain fair market competition among Vendors or respond to changing conditions or circumstances. All Vendors will be promptly notified of any such changes. 1. Vendors must comply with all applicable Federal, State and local laws, rules and regulations, including but not limited to those related to health and licensing. Food Vendors are responsible for complying with applicable health and sanitation requirements and must be permitted by the County Health Departments of the markets they attend. 2. Vendors offering food products must provide an ACORD certificate of Commercial Liability Insurance listing Bensidoun USA, Inc. (405 N Wabash #3404, Chicago, IL 60611) as certificate holder and additionally insured as certificate holder and additionally insured prior to participation in the market. Minimum coverage per event $1,000,000 3. Vendors are responsible for collecting and reporting all applicable Federal, state and local taxes and will provide their tax identification number before attending market. Bensidoun USA will be reporting monthly vendor participation at the Geneva French market to the City of Geneva and vendors not remitting local sales tax will be barred from participation at this market. 4. The Promoter has the right to restrict products sold or displayed by Vendor to those that Promoter deems appropriate for a family audience. In addition, Vendors shall only sell products that are of good quality, which they have lawfully obtained, manufactured or grown. 5. Vendors must be prepared to sell at the start of market hours and must continue to sell until the close of market hours and will be banned from market participation after the third violation of arriving late or leaving early. Loading and unloading will occur only before and after market hours. 6. Vendors must haul out any garbage generated during business and must leave their booth’s space swept clean of any refuse. 7. Vendors will abide by the parking/loading and unloading rules and regulations of the Markets that such Vendor participates in. Vendors may not park anywhere on the market site during hours of operation without express permission by the site supervisor. Vendors may not unload/load their vehicle(s) from the drive-through aisle of the Market. At the end of the market, Vendors must pack up all goods completely before bringing a vehicle on the site for loading. 8. Vendors must keep their spaces as clean as possible during Market Hours and will always be polite with customers, using their best efforts to enthusiastically sell their products. Page 11 of 15 ===== PDF PAGE 37 ===== [Extraction: embedded PDF text] 9. Vendors will cooperate with and participate in promotions organized by the Promoter (for example, contributing a reasonable amount of vendor product towards Market customer giveaways) and may be asked to provide information for publicity. 10. If Promoter determines, in its sole discretion, that Vendor is not selling appropriate products, or that Vendor or its employee’s conduct is inappropriate at any point in time, the Promoter may request the Vendor vacate its space immediately. The Vendor agrees to comply with any such request. The Promoter will have the right to prohibit any such Vendor from leasing future space. 11. Vendors using electricity are required to supply their own weather proof extension cords and also safety mats to cover the cords in areas where they present a trip hazard. 12. In markets where Bensidoun USA provides the canopy, the Vendor will ensure that the canopy over its space is fully rolled out and securely tied to the framework at all tie points and will inspect the canopy over its space regularly during the Market Hours to ensure that it remains securely tied. The Vendor understands that the canopy may become untied during the market especially on windy or gusty days and Vendor will be especially alert and vigilant at these times. The Vendor will report any defects in the canopy fabric, woodwork, ties and framework to the Promoter immediately. If Promoter advises Vendor that Promoter deems the approaching weather conditions hazardous, Vendor shall untie and roll back the canopy. Vendor understands that severe injury may result if the canopy detaches from the framework and becomes airborne due to high wind and accepts responsibility for any negligence on its part if this occurs. Vendor must roll back their canopy(s) at end of market day. 13. Vendors using their own tents must properly weigh the tent. Minimum of 20 lbs per leg. 14. Vendor acknowledges and agrees that assignment of booth location at each French or Farmers Market on each date is in the sole and absolute discretion of Bensidoun USA, Inc. and its agents. Assignment to Vendor of a booth location at a French or Farmers Market on a specific date does not guarantee or constitute an agreement by Bensidoun USA, Inc. to provide that same location to Vendor on future dates. 15. Vendor acknowledges and agrees a) Vendor shall not be entitled to a refund for any fees paid for failure to participate in a Bensidoun USA, Inc. Market that such vendor has been accepted to; and b) Vendor shall be assessed a $20.00 cancellation penalty if such vendor fails to provide cancellation notification prior to the open of the event. 16. Vendor certifies that all persons assisting in the Vendor’s booth have read and fully understands these rules and regulations and will abide by them. 17. Vendor understands that none of the following conditions guarantees participation by such vendor in a particular market and/or for a particular date or a particular vendor space in a market: 1) the receipt of this application, 2) the acceptance of this application by Bensidoun USA, 3) the designation of eligibility status of a Vendor to participate in the Bensidoun USA, Inc. markets on either a full-time or part-time basis, 4) payment by vendor or 5) prior participation by a Vendor in any market. Bensidoun USA retains the right at any time, including during the operation of a market, to reject participation of a vendor in a market in its sole discretion, and to issue a refund of vendor payment as the vendor’s sole remedy. At the sole discretion of Bensidoun USA, any payment received for a market may be reallocated by Bensidoun USA to 1) a different date, location or time based on events that occur after the Page 12 of 15 ===== PDF PAGE 38 ===== [Extraction: embedded PDF text] remittance of payment; 2) or to any outstanding fees /penalties owed to Bensidoun USA, Inc. by vendor. This application will be used by Bensidoun USA, Inc. to assess vendors for their appropriateness and potential eligibility for participation in specific Bensidoun USA Midwest Markets. 18. All decisions regarding the eligibility of a vendor for participation in a market will be made solely at the discretion of Bensidoun USA, Inc. and shall not be contestable by vendor. 19. I agree to abide by the ADVERTISING POLICY Distribution of any form of advertising or business promotion at any Bensidoun USA Inc. French or Farmers Market is strictly prohibited with the following exceptions. A.) Advertising or Business Promotion is for a Bensidoun USA, Inc. Event OR B.) Advertising or Business promotion is distributed by the vendor listed in the advertising or business promotion and the vendor name, name of business and location of business is identical to the vendor name, name of business and location of business registered with Bensidoun USA, Inc. and no other vendor, group of vendors or event or location that represents or utilizes multiple vendors may be represented in any manner in the advertising or business promotion OR C.) Advertising or business promotion has been approved by Bensidoun USA, Inc. Midwest market Manager or Senior Executive officer prior to distribution. Vendors distributing advertising or Business promotion outside of these guidelines will immediately be banned from any future participation in a Bensidoun USA, Inc. market. 20. By completing this application vendor understands and agrees that this information may be released to other agencies and used in marketing/advertising campaigns. 21. Vendors, excluding service vendors, must sell a physical product at the market. The markets may not be used as a business expo, downline recruiting event or home party lead generator. 22. Produce vendors must clearly display the origin (State) of all their products during all market hours and produce must be regional (Illinois and States bordering Illinois) unless prior written approval from Bensidoun USA has been given and may not be imported from outside of the USA. 23. Vendors are solely responsible for all payments for confirmed dates and may not share or sublet its booth(s). 24. There is no smoking allowed within 20 feet of any portion of the market 25. Vendors may not bring animals to market (including dogs) unless the animal is kept in a kennel 26. In the event an individual market season should (a) begin later or end earlier than as set forth in this Vendor Application, or (b) be canceled in its entirety, Licensor shall notify all Vendors whose reservations have been affected by such change, and within 120 days of such notification, refund any unused portion of rent paid or deposited by each such Vendor for the market season that has been modified, less any outstanding financial obligation owed by such Vendor to Licensor as determined by Licensor in its reasonable discretion, including, but not limited to, any other market rents, fees or fines due from such Vendor to Licensor. Such refund shall constitute each such Vendor’s only recourse against Licensor about any such market season modifications.” 27. In the event the hours of operation, days of operation or location of a market should Page 13 of 15 ===== PDF PAGE 39 ===== [Extraction: embedded PDF text] materially change from the terms set forth in this Vendor Application and such changes are reasonably unacceptable to a Vendor, such Vendor must deliver to Licensor a written objection to such changes. Within 120 days of Licensor’s receipt of such written objection, Licensor shall refund any unused portion of rent paid or deposited by such Vendor for the market that has been modified, less any outstanding financial obligation owed by such Vendor to Licensor as determined by Licensor in its reasonable discretion, including, but not limited to, any other market rents, fees or fines due from such Vendor to Licensor. Such refund shall constitute such Vendor’s only recourse against Licensor about any such market modifications. Page 14 of 15 ===== PDF PAGE 40 ===== [Extraction: embedded PDF text] EXHIBIT C CITY OF WEST CHICAGO – ADDITIONAL VENDOR REQUIREMENTS (MOSAIC MARKET) In addition to the Promoter’s standard vendor rules (Exhibit B), the following requirements apply to all vendors participating in the Mosaic Market on City of West Chicago public right-of-way: 1. Emergency Aisles and Access. Vendors shall maintain required aisles and emergency access routes as directed by the Promoter and/or the City. No equipment, vehicles, or displays may obstruct emergency pathways. 2. Open Flames and Propane. Open flames or propane use are prohibited unless expressly permitted by the applicable authority and approved in advance by the Promoter and the City. 3. No Penetration of Pavement or City Property. Vendors may not stake, drill, nail, or otherwise penetrate pavement, sidewalks, curbs, or any City infrastructure. Vendors are responsible for any damage caused by their equipment or vehicles. 4. Vehicle Fluid Leaks. Vendors must ensure that vehicles do not leak oil, fuel, or other fluids onto the Premises and are responsible for any cleanup or remediation costs. 5. No Disposal into Drains or Sewers. Vendors may not dispose of cooking oil, grease, wastewater, gray water, or other liquids into storm drains, sanitary sewers, catch basins, gutters, or street infrastructure. 6. Required Containment and Removal of Cooking Oil/Grease. Food vendors must maintain appropriate sealed containers for used cooking oil and grease and must remove all such materials from the Premises at the end of each Market Day. 7. Vendor Responsibility for Cleanup Costs. Vendors are responsible for any cleanup or remediation costs resulting from improper disposal of liquids, grease, or wastewater. 8. End-of-Day Cleanup. Vendors must remove all garbage they generate and leave their assigned space swept clean at the end of each Market Day. 9. Clean Booths During Market Hours. Vendors must keep their spaces clean during Market Hours and treat customers courteously. 10. Compliance with City Direction. Vendors shall comply with reasonable safety, layout, and access directions from the City or its designee, in addition to the Promoter’s directions. Page 15 of 15