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Home My WebLink AboutSidewalk Cafe - Fiddler's Hearth, Inc.1316 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 Carol Meehan Fiddler's Hearth, Inc. 127 N. Main Street South Bend, IN 46601 RE: Sidewalk Cafd — Fiddler's Hearth, Inc. Dear Ms. Meehan: PHONE 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 Cafd Permit outside your establishment at 127 North Main St. on Monday and Tuesday, from the hours of 11:00 a.m. to 11:00 p.m., Wednesday and Thursday, from the hours of 11:00 a.m. to 12:00 a.m., and Friday and Saturday, from the hours of 11:00 a.m. to 1:00 a.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, including the lamppost in front of the cafe. This permit is for the set-up of the cafd 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 cafd permit is only good between April 1 and October 31, 2017. Also, please be aware that a Sidewalk Cafd 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, Linde( Enclosure c: Matt Longfellow, Engineering Toy Villa, Engineering Gene Eyster, Police Department Jill Scicchitano, DTSB GARY A. GILOT SUZANNA M. FRITZBERG ELIZABETH A. MARADIK JAMEs A. MUELLER THERESE J. DORAU AGREEMENT FOR TEMPORARY USE OF THE PUBLIC SIDEWALK FOR A SIDEWALK CAFE PMM This Agreement is entered into this P day of March, 2017, by and betw South Bend, Indiana, by and through its Board of Public Works (hereinafter, "City ) anu Fiddler's Hearth. Inc. (hereinafter, "Permittee"). 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 Fiddler's Hearth, Inc. Address 127 North Main Street City, State, Zip South Bend, IN 46601 WHEREAS, the site for the proposed sidewalk cafe 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 cafe 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: 103 West Colfax, South Bend, IN 46601 (corner of Colfax & Michigan) 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 Mon-Tue l lAM-11PM; Wed -Thu llAM-Midnight; Operation: Fri -Sat I IAM-IAM; Sun I IAM-9PM Updated 6/25/2012 3) The term of the permit shall be for one year from the date of issuance, provided, however, that Permittee shall only operate the sidewalk cafe between April 1 and October 315` of any year. 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 sidewalk 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 trash 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 caf6 operations. Permittee shall provide a Certificate of Insurance to the City showing liability coverage Updated 6/25/2012 as required above and providing for not less than 30 days' notice to the City's Board of Public works prior to cancellation. 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: 3/3/17 Permittee Signature: ii4�� Cz -1 Name: Carol H. Meehan Title: President BOARD OF PUBLIC WORKS APPROVAL ��-Jac it President Member Member �fi--- 3/l47 Member Member Date Updated 6/25/2012 vwcr, DATE _ Applicant's Legal Name Business Name Address Telephone Number APPLICATION FOR SIDEWALK CAFE PERMIT CITY OF SOUTH BEND, INDIANA Carol H. Meehan Fiddler's Hearth FEE PAID Title President 127 North Main Street, South Bend, IN 46601 574-232-2853 Proposed Location and Description of Sidewalk Caf6 Sidewalk adjacent to the building at the NW corner of Colfax & Michigan Streets Days of Sidewalk Caf6 Operation Hours of Sidewalk Caf6 Operation Sun Mon Toes Wed Thurs Fri Sat llam- 11 m llam- llpm llam- Midnight llam- Midni t llam- lam Itam- lam 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) I, 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. 3/3/17 (/p/ // Lt-mil/ Date Signature of Applicant Carol H. Meehan Printed Name President Title B POARD OF PUBLIC WORKS APPROVAL President Member Member Member Member RETURN FORM TO: Board of Public Works 1316 County -City Building 227 West Jefferson Boulevard South Bend, IN 46601 '14��/7 Date 0 Fiddler's Hearth, Inc. 127 N. Main St., South Bend, IN 46601 Sidewalk Cafd Application — Drawing ❑ Tables 24' Fencing INN Entry to 6' Entry to Sidewalk Building Cafe 12' 4 7' — Cafe Fencing To Curb FIDDHEA-01 ILPRIV ,ac`o/zv` CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDO YYYY) 02I23/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the Certificate holder Is an ADDITIONAL INSURED, the If SUBROGATION IS WAIVED, subject to the terms and conditions of PRODUCER INSURED Fiddlers Hearth, Inc. 127 N Main St South Bend, IN 46601.1608 must have ADDITIONAL INSURED provisions or be endorsed. certain policies may require an endorsement. A statement on aK°� Ftll• t5741271-6000 1(No.No):(574) 243-3214 REVISION NUMBE I Uvmn wm� THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVVITHSTANDING 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. INSR OFINSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICYEXP LIMITS JORTYPE A X COMMERCIAL GENERAL LIABILITY CLAIMS-MADErVI OCCUR X CPP1889176 08l18I2016 09/1812017 EACH $ 1,000,000 DAMAOETORENTED _PHEMISEfi -OCCURRENCE (EIX' .600,000 MEDEXP Ann one arson S,906 PERSONAL&ADVINJUR_Y 1,000,000 OWL AGGREGATE LIMIT APPLIES PER: X POLICY ❑ jEDT O LOC GENERAL AGGREGATE $ 2'600'000 _ PRODUCTS-COMPIOPAGG 2,000,000 COMBINEDSINGLE LIMIT (En 0dtl 11 1,000,000 A OTHER: AUTOMOBILE LIABILITY BODILY NJURY /Per paean) ANY AUTO BA 1999176 09/1812016 09M812017 __S. BODILY INJURY PgAp dant AL�pIT�0�60NLY SCHEDULED X AUTOS ONLY X AUTOS ONTY OaPER Y AMAGE $ A X UMBRELLA LIAR EXCESS LIAR LX1 OCCUR CLAIMS -MADE CPPI999176 09/1012016 0911612017 $ 6,000,000 -EACH -OCCURRENCE AGGREGATE 61000,000 DED RETENTION$ A A WORRIERS COMPENSATION AND EMPLOYERSLIABILITY Y ANY PROPRIETORIPARTNERIEXECUTIVE ❑ OFFICCEEppIMEMU, EXCLUDED? andelory In NH) DYae�RIPTION OFO RATIONS babes Liquor Liability NIA C 1999176 CPP1999176 0911812016 09/1822016 0911812017 09/1812017 I PER LOTH. E.L. EACH ACCIDENT 100,000 E.L. DISEASE -EA EMPLOYE _ 100,000 E.L. DISEASE -POLI VLIMfT 600,000 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Addlllonal Remark$ 8014e010, may ea a8aoned Umme apkco Is rogdlrod) City of South Bend Is named an additional insured with respect to General Liability. City of South Bend South Bend, IN 46601 Acnon oe I9n4am'n SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (a)1998.2015 ACORD CORPORATION. All viable reserved. The ACORD name and logo are registered marks of ACORD