HomeMy WebLinkAboutEncroachment - Goodwill LEADS - 2721 Kenwood Ave1316 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND. INDIANA 46601-I S30
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARD OF PUBLIC WORKS
December 13, 2016
Randy Beachy
Goodwill LEADS, Inc. d/b/a The Excel Center
2721 Kenwood Avenue
South Bend, IN 46628
RE: Encroachment into Public Right -of -Way — 2721 Kenwood Avenue
Dear Mr. Beachy:
PHONE 574/235-9251
FAX 574/235-9171
The Board of Public Works, at its meeting held on December 13, 2016, 2016, denied your
request for the installation of six (6) banners on six (6) light poles in the median strip on N.
Bendix Drive. The Board noted the banners are a form of advertising and asked for a policy
to be provided to them on the placement of banners on City light poles from Community
Investment. The Traffic and Lighting Department stated also these poles are not designed for
banners and strong winds would create stress on the poles.
If you have any further questions regarding this matter, please call this office at (574) 235-
9251.
Sincerely, �n
Linda M. Martin, Clerk
Enclosure
c: Jim Markle, Building Department
GARY A. GILOT SUZANNA M. FRITZBERG ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU
INTER -OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
DATE SENT:
TO: Matt Longfellow, Division of Engineering
✓Federico Rodriguez, Fire Department
,%Charles Bulot, Building Department
Larry Magliozzi, Area Plan Commission
ris Dressel, Communit Investment
� -7
FROM: Linda M. Martin, Clerk
SUBJECT: ENCROACHMENT RECOMMENDATION
LOCATION: 2721 Kenwood Ave. — Randy Beachv
DATE DUE: 11/15/2016
FAX OR E-MAIL TO: 235-9171 / Imartin(EDsouthbendin aov
RECOMMENDATIONS AND COMMENTS:
By Date
11/14/2016
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APPLICATION K +ass
FOR THE USE OF CITY STREET LIGHTS FOR THE INSTALLATION OF BANNERS AND PROVISIONS
ALLOWING TEMPORARY CONTINUANCE OF SAME
Date: 10-17-2016
APPLICANT INFORMATION
Applicant Name:
Randy Beachy
Business Name.:
Goodwill LEADS, Inc., dba The Excel Center
Address:
2721 Kenwood Ave
City/Stale/Zip:
South Bend, IN 46628
Phone Number:
574-314-5570 Fax No.: S74-314-5571
Email:
RBeachy@ExcelCentertiS.org
INSTALLER'S INFORMATION
Business Name:
U S $(GNCJ#f-nq—S
Address:
2 6 LlNC61—Nw,4y E,gsT
City/State/Zip:
OSCEOL-h Trd 4656 /
Phone:
5iY—,3,7-g-5%57/ Fax No.: -5-7If
BANNERINFORMATION
Banner Description:
7 1 f A�y— CEL C&,u f �9ROPw E ij s Ac�v/f j{ S�,(tt7/
Banner Size:
is w x 36 " t4
Location of Installation:
Period of Time for Installation: coo fixim/ Event:
The above_information is to the best of my knowledge accurate and corrcctwith regard to.the.restucst_to
install banners on City of South Bend street lights. Attached to this application is a picture of the banner for
content approval.
Date: / 0 lI -7 l a Ul,6 Signature:
Submitted By:
Board of Public Works
1316 County -City Building
227 West Jefferson Boulevard
South Bend, IN 46601
Phone: (574) 235-9251
Fax:15741235A171
Title:
Legal
Communications & Special Projects
Other
E7tce/
CeeNfq
REVOCABLE PERMIT
RECOGNITION OF USE OF CITY STREET LIGHTS FOR THE INSTALLATION OF BANNERS
AND PROVISIONS ALLOWING TEMPORARY CONTINUANCE OF SAME
Notice to:
Herein, "APPLICANT".
04 SOU Tit BEn"
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1065
The installation of banners upon City of South Bend street lights will be permitted to renal n and continue under the
following terms and conditions for a period of five (5) years:
]) The installation shall be done from a bucket truck, from the pavement, not on the public sidewalk;
2) The applicant shall be liable for any and all damage to the light pole, resulting from the installation,
and/or the removal of the banner;
3) The installation shall be done in conjunction with the South Bend Street Department and shall not
interfere with any street signs already in place on the pole;
4) Until such time as the BOARD OF PUBLIC WORKS (BOARD) of the CITY OF SOUTH BEND
(CITY) shall determine that such installation is in any way impairing or interfering with the highway
or with the free and safe flow of traffic thereon;
5) Said installation shall not in any way prejudice or preclude the CITY'S rights with respect to the future
use of the portion of the right-of-way;
6) The installation as it now exists shall in no manner be added to or enlarged in its present scope or
dimensions;
7) In the event of change of ownership of the fixture or any other item of personal property which
constitutes the aforesaid encroachment, this permit shall become null and void;
8) The CITY shall not be liable to APPLICANT for any damages caused to APPLICANT that arise out of
or is incidental to any activity and/or incidences authorized by this permit;
9) In consideration of the granting of this Permit by the BOARD, APPLICANT shall indemnify, hold
harmless and defend the CITY from and against any and all actions or causes of action which the
CITY may suffer or incur by reason of bodily injury, including death, to any person or persons, or by
reason of damage to or destruction of any property, including the loss thereof, arising out of or in any
manner connected with any activity and/or incidences authorized by this permit and/or any activities
and/or incidences incidental thereto, or which the CITY may sustain or incur in connection with any
litigation,. investigation, or- other expenditures. incidental thereto, -including any suit instituted by the - -_
CITY to enforce the obligation of this agreement of indemnity.
It is the intent of the parties hereto that the APPLICANT shall indemnify the CITY under this
indemnification clause to the fullest extent permitted by law, except that APPLICANT shall not
indemnify CITY for any damage or expense caused by the sole negligence of the CITY.
This approval shall be binding upon everyone past or present, claiming any interest in and to the
aforementioned installation.
ACCEPTANCE OF TERMS AND CONDITIONS
I accept and agree to be bound by all of the terms and conditions of this permit.
Date: 10-17-2016 Signature: :E.,,,,Jy T?�
Title
Executive Director
Approved by the BOARD of Public Works this day of 20
Board Member Board Member Board Member
Board Member Board Member
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