HomeMy WebLinkAboutContract - Evanston Made - Makers Market Sale at Maple Garage 5.4.25 10.5.25Document2
To: Luke Stowe, City Manager
From: Audrey Thompson, Parks and Recreation Director
Subject: Approval of Evanston Made’s use of the Maple St Garage
Date: May 1, 2025
Recommended Action:
Staff recommends the City Manager’s approval of the agreement with Evanston Made
to use the 5th Floor east elevation of the Maple St Garage on Sunday May 4, 2025 and
October 5, 2025 from 9:00 a.m. to 6:00 p.m. to host the annual Maker’s Market Sale in
downtown Evanston for a total fee of $1,500.
Funding:
The normal license fee for use of the Maple St Garage is $1,500 per event date.
Evanston Made received a 50% discount in 2023 and 2024, and has requested the
same discount for 2025. If approved, they will again pay $750 per event date for a total
of $1,500 for two event dates. Funds will be deposited in the Parking System Account
#505.19.7037.56045.
Summary:
The Makers Market, hosted by Evanston Made, is celebrating its 7th year in Downtown
Evanston. This unique shopping experience is one of Evanston's most accessible and
fun events. The market features hundreds of unique and one-of-a-kind, handmade
goods like art, craft, wearables, jewelry, stationary, handbags, etc.
Attachment:
Agreement
Memorandum
Doc ID: 52a9ca73c85daa650f973fb3740ea25518b7a29c
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LICENSE AGREEMENT
This License Agreement (the “License”) is made and entered into this ____ day of
______ 2025, by and among the City of Evanston, an Illinois municipal corporation, (the
“Licensor” or “City) and Evanston Made, an Illinois limited liability company (Evanston
Made is referred to as the “Licensee”). Licensor grants this License to Licensee for use
of the City of Evanston Maple Avenue Garage facility, 1800 Maple Avenue, Evanston,
Illinois (“Garage”) for “Activity” as described below, subject to the following terms,
conditions, and restrictions:
SECTION 1. GRANT OF LICENSE, FEES
1.1 Grant of License, Fees. Licensor grants Licensee the right to use the Premises, as
set forth herein, for the dates and times specified in this License for an event called
“Evanston Made Maker’s Market” in which goods are sold by Licensee’s vendors. The
parties agree to the following terms for the license:
The license fee is $750 per event and payable to the City of Evanston within
30 days of each event, for a total of $1,500 for two (2) events.
The License permits Licensee to use the 5th Floor east elevation of the
Garage on Sunday May 4, 2025 and October 5, 2025 from 9:00 a.m. to 6:00
p.m. Licensee agrees that the City retains the right to cancel the events if
public safety issues are not addressed or the Garage is left in a condition not
acceptable to the City following an event.
The drive aisles will remain open during the event.
Licensee is responsible for returning the Garage to the condition prior to the
event, including putting all garbage in receptacles and removal of all signs
for the event.
1.2 Non-exclusivity of Certain Venues, Reservation of Rights. Licensee acknowledges
and agrees that the Garage is open to the public and will be utilized during this time
period, Licensee does not have exclusive control of the Garage. Licensor agrees to use
commercially reasonable efforts, which do not result in Licensor incurring any costs or
expenses, or otherwise result in the expenditure of funds, to not unreasonably interfere
with Licensee’s Activity.
1.3 Nature of License. Licensee acknowledges and agrees that the rights granted by
this License to enter upon the Garage and use the Garage is nothing more than a
license granted solely for the purpose of exercising its rights and performing its duties
under this License. Nothing set forth in this License creates a tenancy between the
Licensor and Licensee or grants the Licensee possession of any Licensor property.
SECTION 2. INSURANCE AND INDEMNIFICATION
2.1 Insurance. Licensee, at its own cost and expense, shall maintain and keep in force,
commercial general liability and insurance against claims for personal injury or death, or
property damage occurring on or about the Premises. Certificates of insurance, providing
evidence of such coverage, shall be submitted to Licensor no later than 7 days prior to
the first date of Licensee’s use of the Premises, as provided herein. Insurance shall be
5May
Doc ID: 52a9ca73c85daa650f973fb3740ea25518b7a29c
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provided by a company licensed to do business in the state of Illinois and acceptable to
Licensor.
2.2 Insurance Limits. The policy or policies listed above shall provide at least a combined
single limit of $500,000 per occurrence and, if an aggregate policy, it shall provide a
minimum of $1 million. The policies must also include the City of Evanston, its officers,
City Council, boards, agents and employees as an additional insured.
2.3 Indemnification and Release. Licensee hereby fully releases and discharges the City
of Evanston, its officers, agents and employees from any liability or any loss, cost,
damage, expense, injury or death arising from or in any manner connected with the
License Agreement. Licensee agrees to indemnify, save harmless and defend the City
of Evanston, its agents, officials and employees, and each of them against and hold it
and them harmless from any and all lawsuits, claims, demands, liabilities, losses and
expenses, including court costs and attorney’s fees, for or on account of any injury to any
person, or any death at any time resulting from such injury, or any damage to any
property, which may arise or which may be alleged to have arisen out of the License
Agreement.
2.4 Theft/Loss. Neither the City of Evanston, nor its officers, agents or employees, shall
be responsible for losses by Licensee or Licensee’s patrons, invitees, officers, agents,
or employees due to theft or disappearance of equipment or other personal property of
Licensee.
SECTION 3. GENERAL CONDITIONS
3.1 Force Majeure. Failure to perform by Licensor due to a Force Majeure Event shall
not be deemed a violation or breach hereof. A Force Majeure Event may include
without limitation, fire, flood, earthquake, strikes or work stoppages, any interruption of
utility services, suspension or interference with use caused by acts of God or acts of
public enemy, riots or similar occurrences, order of court or administrative agencies,
including orders of the Municipal Fire Marshall or building official. In the event of an
occurrence as described above, the License Period shall terminate and Licensee will be
refunded the license fee.
3.2 Assignment. Licensee shall not assign or otherwise transfer this License or any of
its rights or duties under this License without first obtaining the written consent of
Licensor, which may be granted or denied in Licensor’s sole discretion.
3.3 Authorization. The parties represent and warrant that the persons executing this
License have full authority to bind the respective parties.
3.4 Governing Law. This License shall be governed by and construed under the
laws of the State of Illinois and venue shall be in Cook County, Illinois.
3.5 No Third Party Beneficiaries. The City and Licensee acknowledge and agree
that the terms, provisions, and conditions hereof are for the sole benefit of, and
may be enforceable solely by, the Licensor and Licensee. No third party
beneficiaries are intended to be created under this License.
Doc ID: 52a9ca73c85daa650f973fb3740ea25518b7a29c
3.6 Severability. In the event that any phrase, clause, sentence, paragraph, section,
article or other portion of this License shall become illegal, null or void or against
public policy, the remaining portions of this License shall not be affected and shall
remain in full force and effect.
3.7 Notices. Any notice, demand, request or other communication which any
party may desire or may be required to give to any other party hereunder shall be
given in writing at the addresses set forth below by any of the following means: (a)
personal service; (b) electronic communication, by facsimile together with confirmation
of transmission; (c) overnight courier; or (d) registered or certified United States mail,
postage prepaid, return receipt requested.
If to the Licensee: Evanston Made LLC
1100 Florence Street
Evanston, IL 60202
If to the Licensor: City of Evanston
Attn: City Manager
2100 Ridge Avenue
Evanston, Illinois 60201
With a copy to:City of Evanston
Attn: Corporation Counsel
2100 Ridge Avenue
Evanston, IL 60201
IN WITNESS WHEREOF, the parties hereto have executed this License Agreement as of the
date executed by the Licensor.
EVANSTON MADE LLC
Print Name: Li'sa Dealiantoni
1ts: 4/28/25
CITY OF EVANSTON,
an Illinois municipal corporation
By:
Name: Luke Stowe
Its: City Manager
3
Approved as to form:
Alexandra B. Ruggie
Corporation Counsel
Doc ID: 52a9ca73c85daa650f973fb3740ea25518b7a29c
Contract with Evanston Made for Makers Market Sale
Evanston_Ma...e_memo.docx and 1 other
52a9ca73c85daa650f973fb3740ea25518b7a29c
MM / DD / YYYY
Signed
05 / 05 / 2025
08:42:37 UTC-5
Sent for signature to Alexandra Ruggie
(aruggie@cityofevanston.org) and Luke Stowe
(lstowe@cityofevanston.org) from lthomas@cityofevanston.org
IP: 66.158.65.78
05 / 05 / 2025
14:58:26 UTC-5
Viewed by Alexandra Ruggie (aruggie@cityofevanston.org)
IP: 50.171.242.186
05 / 05 / 2025
14:58:35 UTC-5
Signed by Alexandra Ruggie (aruggie@cityofevanston.org)
IP: 50.171.242.186
05 / 06 / 2025
09:21:18 UTC-5
Viewed by Luke Stowe (lstowe@cityofevanston.org)
IP: 50.171.242.186
05 / 06 / 2025
09:21:56 UTC-5
Signed by Luke Stowe (lstowe@cityofevanston.org)
IP: 50.171.242.186
The document has been completed.05 / 06 / 2025
09:21:56 UTC-5