The URL can be used to link to this page

Home My WebLink AboutSidewalk Cafe - Tapastrie LLC1316 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 Tapastrie LLC 103 W. Colfax Ave. South Bend, IN 46601 RE: Sidewalk Cafd — Tapastrie LLC 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 Caf6 Permit outside your establishment at 103 W. Colfax Ave. on Monday through Saturday, from the hours of 11:00 a.m: to 10:00 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 cafe 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 Cafe 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, Lin atMin,Clerk l 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 MA` This Agreement is entered into this 3`d day of March, 2017, by and betw x South Bend, Indiana, by and through its Board of Public Works (hereinafter, "City ) anu Tapastrie LLC (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 Tapastrie LLC Address 103 West Colfax City, State, Zip South Bend, IN 46601 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 cafe 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: 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 cafe in front of the above referred to address during the hours of: Days/Hours of Sidewalk Cafe Monday through Saturday, 11AM-IOPM Operation: 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 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 caf6 in front of any other business other than Permittee's. 6) The placement of the sidewalk caf6 shall allow five (5) feet of open sidewalk for pedestrian right-of-way. 7) Permittee shall limit the operation of the sidewalk caf6 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 caf6, 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 caf6 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 caf6. 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 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 approvab'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: Name: Carol H. Meehan Title: Partner/Secretary-Treasurer Z6�� AAJ& -Member PresidentL/ ember Member Member Date Updated 6/25/2012 YPACP. DATE Applicant's Legal Name Business Name Address Telephone Number APPLICATION FOR .SIDEWALK CAFE PERMIT CITY OF SOUTH BEND, INDIANA H. Meehan 103 West Colfax, South Bend, IN 46601 574-232-9200 Proposed Location and Description of Sidewalk Cafe FEE Title Partner/Secy-Treas Sidewalk adjacent to the building at the NW comer of Colfax & Michigan Streets Days of Sidewalk Cafe Operation Hours of Sidewalk Cafe Operation Sun Mon Tues Wed Thurs Fri Sat llam- 10 m Ilam- 10 m 10 m 10 m 10 m 1 Opm The following information is REQUIRED for completion of a Sidewalk Cafe Application: 1. Completed/signed application, including a $10.00 fee 2. Drawing(s) and description of proposed sidewalk cafe showing placement/dimensions of proposed cafe 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 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 cafe 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 '7 �! 6 1& Date Signature of Applicant Carol H. Meehan Printed Name Partner/Secretary-Treasurer Title OARD 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 .a//q�,2° /7 Date 0 z < TAPALLC-01 LDRIVBR CERTIFICATE OF LIABILITY INSURANCE DATE 02123/2017' 02l23/2017 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(tes) must have ADDITIONAL INSURED provisions or be endorsed. H 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 d9his to the certificate holder in Rou of such endorsements). PRODUCER O TACT The Healy Group, Ine. 17636 Generations Drive South Bond, IN 46636 PC, Eel; 674 271-8000 FFAX 57 I INC Nop( 4).2434214 - INSURER(S) AFFOROMa COVERAGE NAICa INSURER A:Frankenrnuth ins. Co. 13986 INSURED INSURERS: INSURER C: Tapastrie, I.I.C. 103 W. Colfax Ave. South Bend, IN 46601 INSURERp:_ INSURER E: INSURER F: 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. INeR TYPEOFINBURANCE ADOL SUBR POLICY NUMBER FOLIC EFF 1011612016 pnCY EXP 10/1612017 ___ LIMITS X. COMMERCIAL GENERAL LIABILITY ClNMUQADE N OCCUR X PP6289909 EACH OCCURRENCE 1,000,000 DAMA°ESORE ° w MEOEXP(AnymoprMxU 600,000 OENLAGGRE-1GF�'t�1 X $ 6,000 PFRSONALAADV INJURY 1,000,000 LIMIT APPLIES PER: POLICY u jECT LOG OTHER: GENERA AOORESAFE �2.000,000 PRODUCT8-COMP/°PAGG 2,000,000 A AUTOMOBILE IxANNYNAUTO LMBILITY pp AU�gqNE&pDCNLYMAUgqTyyop?WUULL�E�Dp AUTOSONLY AUTOSONLY BA 6269909 10/1612016 10116/2017 COMBINEDSINGLE LIMIT 1,000,000 BODILY INJURY Par msw, -HOMILY INJURY Pwa 1 Pa0PaaYda,i AMAOE A X UMBRELLA LIAR EXCESSLIAS X OCCUR CLAIMSI E CPP6269909 10110/20i8 1011612017 EACHOCCURRENCE S 6,000,000 AOOREGATE 6,000,000 DED I I RETENTIONS S A q ANDELOeELBO MPPEfi 1AILIT AFNFYIIOGPRppOPP�RIEMTS�Rp/P R;1ltx'FJUEXECURVE YIN �Slaadalely In NN)"'""DED4 Y DES dIPT 01 N Oro F OPERATIO bsloW General Liability N/A C6269808 CPP6269908 1011812018 1011812016 1011612017 10/1612017 PER UTE OTH E.L EACHACCIDEN E 700,000 E.L. DISEAS -EA EMPL E $ 100,000 ELDISEASE-PO CYLIMIT Liquor Liability $ 500 000 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AC00.0 tO1, Additional Rwnsrke SchedWe, may he etreshod If more epees Le requiretll City of South Bend Is named an additional insured with respect to General Liability. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof South Bend THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN South Bend, IN 46601 ACCORDANCE WITH THE POLICY PROVISIONS, AUUTTHO�R�IIZED REPRESENTATIVE ^— C 04A44M ACORD 26 (2016103) 01988-2016 ACORD CORPORATION. All I ne AVVKU name and Logo are registered marks of ACORD