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Home My WebLink AboutSidewalk Cafe - Cinco 5 International1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS March 14, 2017 Leonardo Duran Cinco 5 International 112 W. Colfax Avenue South Bend, IN 46601 RE: Sidewalk Caf6 — Cinco 5 International Dear Mr. Duran: PRONE 574/235-9251 FAx 574/235-9171 At its meeting held on March 14, 2017, the Board of Public Works approved the application for a Sidewalk Caf6 Permit outside your establishment at 112 W. Colfax Ave. on Sunday through Saturday, from the hours of 11:00 a.m. to 11:00 p.m. subject to ensuring that all electrical cords in the proximity of the dining area remain hazard -free, and there is five feet of usable sidewalk for pedestrians. This permit is for the set-up of the caf6 only; the regulations for the serving of food and alcohol are outside the Board's authority and will need to be followed. Enclosed please find a copy of the Agreement for your records. Please be reminded that the sidewalk cafe permit is only good between April 1 and October 31, 2017. Also, please be aware that a Sidewalk Caf6 Application and the Agreement must be applied for annually. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure c: Matt Longfellow, Engineering Toy Villa, Engineering Gene Eyster, Police Department Jill Scicchitano, DTSB GARY A. GILOT SUZANNA M. FRITZBERG ELIZABETH A. MARADIK JAWIES A. MUELLER THERESE J. DORAU WHEREAS, Permittee has made application to the City for a permit to use a portion of the public sidewalk for a sidewalk caf6 in front of Permittee's business at: Business Name C)r-ev 5 Ji,4er"&4on 1 Address //Z ,V ep/R x use City, State, Zip WHEREAS, the site for the proposed sidewalk caf6 has been reviewed by the City's Board of Public Works, and it has been determined that allowing Permittee to utilize a portion of the public sidewalk at that location will not interfere with pedestrian traffic along the sidewalk; and WHEREAS, the City has reviewed the Petitioner's application, along with the drawing, descriptions, and or information sufficient to enable the City to determine that the proposed sidewalk caf6 will be in compliance with the guidelines for that area, and the City has approved the design of the proposed sidewalk caf6; and WHEREAS, the City has determined that operation of a sidewalk caf6 at the location proposed will not be detrimental to the health, safety, or general welfare of the public. NOW, THEREFORE, consideration of the mutual covenants herein contained, it is agreed by the parties hereto as follows: 1) Pursuant to 18-15 of the South Bend Municipal Code the City hereby grants Permittee a permit to use a portion of the public sidewalk at the following location (attach a drawing): Address: P? 2) The permit granted herein is for the sole purpose of permitting the temporary use of a portion of the public sidewalk for the operation of a sidewalk caf6 in front of the above referred to address during the hours of: Days/Hours of Sidewalk Caf6 / (� Operation: i70n('/l�/ � SIn r4q )/CLW% 3) The term of the permit shall beVfor one year from the date of issuance, provided, however, that Permittee shall only operate the sidewalk caf6 between April 1 and October 31` of any year. Updated 6/25/2012 2 4) Permittee shall pay Ten Dollars ($10.00) to the City for the permit granted herein as required by 18-15 of the Municipal Code. 5) The permit granted herein shall be for the use of only the area described above, which area is located in front of Permittee's business establishment. Nothing contained herein shall permit Permittee to operate a sidewalk cafe in front of any other business other than Permittee's. 6) The placement of the sidewalk cafe shall allow five (5) feet of open sidewalk for pedestrian right-of-way. 7) Permittee shall limit the operation of the sidewalk cafe to the area described above, and shall place a portable chain, rope, lattice, or similar barrier along the perimeter of the described area in order to separate it from the remaining sidewalk area. 8) Permittee has received approval of the City for the furniture, the perimeter barrier, and other items to be used in the operation of the sidewalk cafe, including the design and placement of such items. Permittee shall not change or vary such items in their design or placement. 9) Permittee shall remove all furniture, the perimeter barrier and any other items used in the operation of the sidewallc cafe from the public sidewalk at the end of each business day. 10) Permittee agrees to maintain the area encompassed in this Agreement and adjoining public sidewalk area in a clean and sanitary condition, free from litter and debris generated by the use of the sidewalk for restaurant purposes. 11) If required by the City, Permittee shall provide and maintain a closed hash container as part of its sidewalk cafe operation. Such closed container shall be of a type and shall be placed as determined by the City. 12) Permittee shall not affix any items to the public sidewalk or use the area permitted herein in such a way that the public sidewalk is damaged. 13) Permittee shall indemnify, defend and save harmless the City from any and all damage, injuries, losses, claims, demands or costs of any kind resulting from or arising out of the use of public sidewalk by Permittee for a sidewalk cafe. 14) Permittee shall provide and maintain during the term of this permit policy of public liability insurance, with coverage not less than $300,000 per person and $1,000,000 per occurrence, naming the City as an additional insured as to the sidewalk cafe operations. Permittee shall provide a Certificate of Insurance to the City showing liability coverage as required above and providing for not less than 30 days' notice to the City's Board of Public works prior to cancellation. Updated 6/25/2012 3 15) Should Permittee fail to comply with any of the terms or conditions of this Agreement, the City, by its Board of Public Works, may revoke the permit to utilize the public sidewalks as granted herein. 16) The rights granted herein may not be assigned by Permittee. 17) Notification of approval/denial of this request will be issued by return of this form, upon signed authorization by the Board of Public Works. IN WITNESS WHEREOF, this Agreement was executed on the date first written above. Date Permittee Signature: Name: Leon c, v E5 Do v, Title: �ehg✓zt l p lvo v BOARD OF PUBLIC WORKS APPROVAL President Member Member Member Member Date Updated 6/25/2012 4 APPLICATION FOR SIDEWALK CAFE PERMIT CITY OF SOUTH BEND, INDIANA DATE FEE PAID Applicant's Legal Name //n Title 'A L�'O170.f� PL'M+ Z'C✓1eV4 munGgeV Business Name / C`�nCo S .1 nfL'vna/^ww Address 112 w L'o/FgX ct�a Telephone Number Proposed Location and Days of Sidewalk Cafe Operation Hours of Sidewalk Caf6 Operation Sun Mon Tues Wed Thurs Fri Sat 1'y "' i1 y"' y a �- A 4� '1 "' l ji'r` n The following information is REQUIRED for completion of a Sidewalk Caf6 Application: 1. Completed/signed application, including a $10.00 fee 2. Drawing(s) and description of proposed sidewalk caf6 showing placement/dimensions of proposed caf6 3. Completed/signed Agreement 4. Certificate of Insurance ($1,000,000/occurance and $300,000/person, naming the City of South Bend as additional insured) AFFIRMATION 1, the undersigned, agree that I will abide by all of the provisions of Section 18-15 of the South Bend Municipal Code and with all the provisions stated above as conditions of the issuance of this Permit. I further agree to indemnify, defend and hold harmless the City of South Bend from any liability, loss, cost, damage or expenses, including attorney fees, which the City may suffer or incur as the result of any use of the public sidewalks for a sidewalk caf6 as permitted herein. I do hereby certify and affirm that all the information given in this application is true to the best of my knowledge. Date ignature of Appli n �i9h G(%/Cje 0 �UYCov� Printed Name 1,3zoeva / M ✓ra4n 1/ Title - BOARD OF PU LIC WORKS APPROVAL President Member Member L _y Member -3�/V/-20 r7 Date RETURN FORM TO: Board of Public Works 1316 County -City Building 227 West Jefferson Boulevard South Bend, IN 46601 Phone: (574) 235-9251 • Fax: (574) 235-9171 • E-Mail: publicwks@southbendin.gov CERTIFICATE OF LIABILITY INSURANCE 13/1/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CETIFICATE DOES NOT I BELAFFIRMATIVELY OW. THIS CERT FIICATEOF IIN URNEGATIVELY AGE ANCE DOES NOT CO CONSTITUTE UTE AEXTEND ALTER CONTTRACTBETW EN OTHER ISSUING AFFORDED NSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER rIMP ORTANT: If the certniicate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed If SUBROGATION IS WAIVED subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the nRHificate holder in lieu of such endorsement(s). PRODUCER Nc:� PHONE AX 574)232-2991 ROCKSTROH INSURANCE AGENCY INC wcNGEMY(574)233-5136 AJC. 333 N Lafayette Blvd ADD"DRESSrockagcy3@outlook.com South Bend, IN 46601-1208 INSURERIS) AFFORDING COVERAGE NAIL° INSURERA Auto -Owners Insurance INSURED South Bend Cinco LLC INSURER B- DBA Cinco INSURER C. 709 S. Carlisle St. INSURER South Bend, IN 46619 NSURER E: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLIUY VtKluu INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. AOOL SUOR OL CY E F POL Y P LIMITS INER TYPE OF INSURANCE INS VNO POLICY NUMBER MM/DDM'YY IMMIDDIYYYY LT. EACH OCCURRENCE S 1 000,000 A COMMERCIAL GENERAL LIABILITY PREMISES (Es ) $ 50,000 CLAIMS -MADE X OCCUR 10/16/2016 10/16/2017 MEOEXPIAnY oneperson) 5 5,000 09150919 PERSONAL&ADVINJURY S 1,000,000 GENERAL AGGREGATE s 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 2 OOO OOO PRO- LOC PRODUCTS- COMPIOP AGG $ r r A POLICY JECT S OTHER: (Eaccident- BODILY I 5 AUTOMOBILE LIABILITY(Ea INJURY (Per person) 5 ANYAUTO _ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS UMBRELLA LIAR OCCUR EXCESS LIAB CLAIMS -MADE BODILY INJURY(Peraccdenn S PR ER D GE S (Per accident) S EACH OCCURRENCE S Ar:r:GFr:ATF 5 AND EMPLOYERS' LIABILITY Y/N E.L EACH ACCIDENT $ MY PRCPRIETORPARTNER:EXECUTIVE NIA OFFICERIMEMBER EXCLUDED' E L. DISEASE - EA EMPLOYEES (Mandatory In NH) if yes describe antler E.L. DISEASE -POLICY LIMIT S DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101 Additional Remarks Schedule. may be attac^edY more space Is reDlIrecl Additional Insured -City of South Bend CERTIFICATE HOLDER GANctLLHllUly Board Of Public Works SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN 1316 County -City Building ACCORDANCE WITH THE POLICY PROVISIONS. 227 W. Jefferson Boulevard South Bend, Indiana 46601 AUTHORIZED REPRESENTATIVE C 1988-2014 ACORD CORPORATION. All rights reserved. ACORD25(2014/01) The ACORD name and logo are registered marks of ACORD DATE(MNJODl1'1'YY) AC"M � CERTIFICATE OF LIABILITY INSURANCE 3/l/2017 L� CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS THIS DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES CERTIFICATE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED BELOW. THIS CERTIFICATE OF INSURANCE REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to may require an endorsement. A statement on this certificate does not confer rights to the the terms and conditions of the policy, certain policies certificate holder in Ileu of such endomement(s). N A PRODUCER NAME: ROCKSTROH INSURANCE AGENCY INC PHONE, (574)233-5136 ac.No(574)232-2991 333 N Lafayette Blvd AooiEss:rockagcy3@outlo0k.com South Bend, IN 46601-1208 INSURERIS) AFFORDING COVERAGE NAICN INSURER A: Auto -Owners Insurance i INSURED South Bend Cinco LLC INSURER B: INSURER C: DBA Cinco INSURERD: 709S. Carlisle St. INSURER E: South Bend, IN 46619 INSURER f COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. EXCLUSIONS AND NSR TYPE OF INSURANCE INSO Me POLICY NUMBER I MM/D�� MM/DDY� LIMITS LTR OOO OOO . A COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 6 1 CLAIMS OCCUR I PREMISES Ea occurrence I s 50 000 -MADE i 10/16/2017 MEG EXP(Any one person) S 5,000 09150919 1,0001000 I10/16/2016 PERSONAL& ADV INJURY 15 GENERAL AGGREGATE s 2 , OOO , O00 GEN'L AGGREGATE LIMIT APPLIES PER: PRO- �LOC PRODUCTS-COMP/OPAGG s 2,000,000 A POLICY JECT S OTHER: i S LIABILITY Ea axitlent �'. �AUTOMOBILE BODILY INJURY (Per person) 6 I ANYAUTO ALL OWNED SCHEDULED BODILY INJURY (Per aocidenp , s AUTOS NOWOWNED P OPER DAMA Per acudent $ LL HIRED AUTOS t— AUTOS i S 1 UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE °+ EXCESS LIAR CLAIMS -MADE S DED RETENTION $ WORKERS COMPENSATION STATUTE ER EL EACH ACCIDENT I S AND EMPLOYERS' LIABILITY ANYPROMEMSERRIPARTNEF✓E%ECUTIV'c Y�I ( EL DISEASE - EA EMPLOYEE, s I OFFICEFIMEMBER EXCWDEDi (nlanaamm in Nm N/A E.L. DISEASE - POLICY LIMIT s it yes, desalbe under DESCRIPTION OF OPERATIONS below I i C DES RIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101. Additional Remarks Schedule, may ce attached rf more space 1a required) Additional Insured -City of South Bend I I I CERTIFICATE HOLDER CANCELLATION Board of Public Works SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1oar Count lit Building County -City g THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 227 W. Jefferson Boulevard —�—y AUTHO�¢EO RR`EP'fR�'E�S�'EN�lTATQN�E�,//% South Bend, Indiana 46601 U iBBd-ZUI4AUUK000 1v U"IIUrv. nN nglus roam vcu. ACORD25(2014101) The ACORD name and logo are registered marks of ACORD 9 ty a '`