HomeMy WebLinkAboutSidewalk Cafe - Cafe Navarre1316 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND. INDIANA 46601-1830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARD OF PUBLIC WORKS
March 28, 2017
Brandi Kelly
Cafe Navarre
101 N Michigan
South Bend, IN 46601
RE: Sidewalk Cafe — Cafe Navarre
Dear Ms. Kelly:
PHONE 574/235-9251
FAx 574/ 235-9171
At its meeting held on March 28, 2017, the Board of Public Works approved the application
for a Sidewalk Cafe Permit outside your establishment at 101 N Michigan St., Suite 101 on
Monday through Thursday, between the hours of 11:00 a.m. and 11:00 p.m., Friday between,
the hours of 11:00 a.m. and 12:00 a.m., Saturday between the hours of 4:00 p.m. and 12:00
a.m., and Sunday between the hours of 4:00 p.m. and 10:00 p.m. subject to submitting the
required Certificate of Insurance and ensuring that all electrical cords in the proximity of the
dining area remain hazard -free, and subject to meeting ADA requirements.
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 cafe 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,
linaM. Martin, Clerk
Enclosure
c: Matt Longfellow, Engineering
Toy Villa, Engineering
Gene Eyster, Police 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: J Matt Longfellow, Engineering Department
lederico Rodriguez, Fire Department
ill Sciccitano, Downtown South Bend
ills@downtownsouthbend.com)
J Charles Bulot, Building Department
Ayoka Paek, Building Department
� ames Burns, Police Department
FROM: Linda M. Martin, Clerk
SUBJECT: SIDEWALK CAFE RECOMMENDATION
LOCATION: Cafe Navarre
DATE DUE: 03/21/17
FAX OR E-MAIL TO: 235-9171 / Imartin@southbendin.gov
RECOMMENDATIONS AND COMMENTS:
By Date
3/9/2017
APPLICATION FOR SIDEWALK CAFE PERMIT
CITY OF SOUTH BEND, INDIANA
DATE
Applicant's Legal Name
Business Name
Address
Telephone Number
Proposed Location and Description of Sidewalk Cafd
FEE P
Days of Sidewalk Cafd Operation
Hours of Sidewalk Cafd Operation
Sun
Mon
I Tries
I Wed
I Thurs
Fri
at
u
The following information is REQUIRED for completion of a Sidewalk Cafd Application:
1. Completed/signed application, including a $10.00 fee
2. Drawing(s) and description of proposed sidewalk cafd showing placement/dimensions of proposed
cafd
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 cafd 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. �1
Datk / Siet[aiureofAFulidbnt'
CTe wl
Title
BOARD OF PUBLIC WORKS APPROVAL
President Member Member
0b 7 / I7
Member Member Date
RETURN FORM TO: 4
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
0
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
WHEREAS, the site for the proposed sidewalk caf8 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 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:
2)
The j
portion of the public sidewalk for the operation of a sidewalk caf6 in front of the
referred to address during the hours of:
Days/Hours of Sidewalk Cafe
Operation:
M on -Thm
;p-ffip pia- iiP
above
Ila- 12� qp—I2�
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
31 sc 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 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 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 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 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:
Title:
BOARD OF PUBLIC WORKS APPROVAL
President Member Member
Member
,3
Member Date
Updated 6/25/2012
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