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Home My WebLink AboutSidewalk Cafe - Purple Porch Co-Op1316 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 Greg Koehler Purple Porch Co -Op 123 N. Hill Street South Bend, IN 46617 RE: Sidewalk C66 — Purple Porch Co -Op Dear Mr. Koehler: 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 Caf6 Permit outside your establishment at 123 N. Hill St. on Monday through Saturday, from the hours of 8:00 a.m. to 8:00 p.m., and Sunday from the hours of 11:00 a.m. to 5:00 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 caf6 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, JmM.`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 JAMEs A. MUELLER THERESE J. DoRAu AGREEMENT FOR TEMPORARY USE OF THE PUBLIC SIDEWALK FOR A SIDEWALK CAFE This Agreement is entered into this day of , 20 , by a City of South Bend, Indiana, by and through its Board of Public Works (hereinafte (hereinafter, "Permittee"). WHEREAS, Permittee has made application to the City for a permit to use a portion of the public sidewalk for a sidewalk cafe in front of Permittee's business at: Business Name Address City, State, Zip Purple Porch C 123 N. Hill St. South Bend, IN 46617 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 cafd will be in compliance with the guidelines for that area, and the City has approved the design of the proposed sidewalk cafe; 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: 123 N. Hill St., South Bend, IN 46617 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 cafe in front of the above referred to address during the hours of.- Days/Hours of Sidewalk Cafe Daily, 8am-8pm Operation: Updated 6/25/2012 1 ,,o4goura Betio\ F INSTRUCTIONS �� e,a SIDEWALK CAFE 1W s 'k$1.. 1855. o —moo 1. Complete both the Agreement and the Permit Application documents Please remember: a. Indicate your business' address b. Indicate your business hours of the sidewalk cafe operation c. A description of the location of the sidewalk cafe d. Attach a drawing of the location to the Agreement 2. Signature and contact information is required 3. Return Agreement, Permit Application and your payment to: Board of Public Works 227 West Jefferson 1316 County -City Building South Bend, Indiana 46601 Phone: (574) 235-9251 Fax: (574) 235-9171 E-mail: publicwks@southbendin.gov 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 cafd between April I and October 3 1 " 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 cafd 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 cafd 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 Updated 6/25/2012 2 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 approvalldenial 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: 2/22/2017 Permittee Signature: I Name: Greg Koehler Title: General BOARD OF PUBLIC WORKS APPROVAL An President Member Member Member U Member ;//� /;)O (7 Date 7 Updated 6/25/2012 3 APPLICATION FOR SIDEWALK CAFE PERMIT CITY OF SOUTH BEND, INDIANA hem°18� DATE FEE PAID P $ 1 Q(% L Applicant's Legal Name Business Name Address Telephone Number Koehler Porch 123 N. Hill St., South Bend, IN 46617 Proposed Location and Description of Sidewalk Cafd Title V +/� f The part of the sidewalk that is adjacent to our buil ing on the East side running north -south Days of Sidewalk Caf6 Operation Hours of Sidewalk Caf6 Operation Sun on Tues Wed Thurs Fri Sat ]lam- S m 8am- 8 m 8am- 8pm 8am- S m 8am- 8 m 8am- 8pm 8am- 8pm 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 caf8 showing placement/dimensions of proposed caf8 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 caf8 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. � A r 2-22-2017 Date ig atu of Applicant Greg/Koehler Printed Name General Manager Title BOARD OF PUBLIC WORKS APPROVAL President V Member Member .:Member Member 3,i�/�� 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 C! G 0 ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIG)NYYY) 02122/2017 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 policy(ies) must have ADDITIONAL INSURED provisions or 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 certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Kody Hitchcock John Scott Insurance PHONE 269-782.2123 uc rye; 20S 39-8224 nooeL kody@ ohnscoltinsurance.com 106 Commercial St. INSURER(S) AFFORDING COVERAGE NAIL# Dowagiac, MI 49047 wsURERA_,FrankenmuthMutualJnsuranceComoanv 13986 INSURED Purple Porch CO-OP INSURER S: Chris Hebron _INSURERC: INSURERD: 123 N Hill St South Bend, IN 46617-2717 INSURER E: -- INSURER F: :ATE THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 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. HISS LTR TYPE OF INSURANCE ADDL D SUER POLICY NUMBER POLICY E F F MMIDD(YYY POLICY E%P MMIDDrvY LIMITS A X( COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OoccuR CPP6312152 02/11/2017 02/112018 EACH OCCURRENCE $ 1000000 DAMAGETORENTED PREMISE$1Ea occurrence � S 600000 MED EXP(Any me, prmm-9 S 5000 PERSONAL B ADV INJURY $ 1,00-0000_ AGGREGATE LIMIT APPLIES PER: POLICY P" LOC GENERALAGGREGATE _ $ 2000 ONO GEN'L X PRODUCTS-COMPIOPAGG S 2.000.00O EPL $ 260,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODI LY I NJURY(Per Person) $ ANY AUTO OWNED SCHEDULED AUTOSONLVHAUTOS BODI LY INJURY Per accident ( ) 5 HIRED NIGH AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CIAIMSMADE AGGREGATE $ DED RETENTIONS $ A WORKERS COMPENSATION ANDEMPLOVERS'LIABILITY YIN ANY PROPRIETORFARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDEEXCLUDED?NIA (Mandatory In NH) If yes, Uesctlbe artier DESCRIPTION OF OPERATIONS below WC 6312152 02/11/2017 02/112018 PER OTH- STATUTE 1 OOOTOOO ,_,ER„ E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYE $ 1,000000 S 1000,000 E.L. DISEASE -POLICY LIMIT $ 1000000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more apace Is required) The certificate holder is listed as an additional insured SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of South Bend ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (c) 19R9.2015 ACORn CORPORATION all rinhfe r.,s—ead ACORD 26 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by KDH on February 22, 2017 at 04:24PM