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Home My WebLink AboutSidewalk Cafe - South Bend Brew Werks1316 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 Andrew Elegante South Bend Brew Werks 216 S Michigan St South Bend, IN 46601 RE: Sidewalk Cafe — South Bend Brew Werks Dear Mr. Elegante: 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 216 S Michigan on Monday through Thursday, between the hours of 11:00 a.m. and 10:00 p.m., Friday and Saturday between the hours of 11:00 a.m. and 12:00 a.m., and Sunday, 11:00 a.m. to 8:00 p.m. subject to a 36" wide gate for Fire medic access, 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'ofthe 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, C), Linda M. Martin, Clerk Enclosure c: Matt Longfellow, Engineering Toy Villa, Engineering Gene Eyster, Police Department GARY A. GILOT SUZANNA M. FRITZBERG ELIZABETH A. MARADIK JAws A. MUELLER THERESE J. DORAU INTER -OFFICE MEMORANDUM BOARD OF PUBLIC WORKS f DATE SENT: TO: Matt Longfellow, Engineering Department J Federico Rodriguez, Fire Department Jill Sciccitano, Downtown South Bend JJ harles Bulot, Building Department yoka Paek, Building Department ames Burns, Police Department FROM: Linda M. Martin, Clerk SUBJECT: SIDEWALK CAFE RECOMMENDATION LOCATION: South Bend Brew Werks DATE DUE: 03/21/17 FAX OR E-MAIL TO: 235-9171 / Imartin@southbendin.gov RECOMMENDATIONS AND COMMENTS: By Date 3/8/2017 APPLICATION FOR SIDEWALK CAFE PERMIT CITY OF SOUTH BEND, INDIANA DATE Applicant's Legal Name Andrew Elegante Title Business Name South Bend Brew Works Address Telephone Number 216 S Michiean St. South 574-334-0356 Proposed Location and Description of Sidewalk Cafd 216-218 S Michiean St. South Bend. IN 46601 IN 46601 FEE PAID Owner vvwcv 00 Days of Sidewalk Cafd Operation Hours of Sidewalk Caf6 Operation Sun Mon Toes I Wed Thurs Fri I Sat ]la-8 Ila-10 lla-10 ila-10 lla-10p Ila-12a I lla-12a 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 placementidimensions 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 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 cafd as permitted herein. I do hereby certify and affirm that all the information given in this application true to the best of my knowledge. � 3/8/2016 Date Owner Title BOARD OF PUBLIC WORKS APPROVAL President Member Member Member Member - 13 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 southbendin.gov 0 AGREEMENT FOR TEMPORARY USE OF THE PUBLIC SIDEWALK FOR A SIDEWALK CAFE "'"`" This Agreement is entered into this 221" day of February, 2017, by and N x of South Bend, Indiana, by and through its Board of Public Works (hereinafter, "Cuy anu South Bend Brew Werks 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 South Bend Brew Werks Address 216 S Michigan St 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 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: 216-218 S Michigan St, South Bend, IN 46601 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 l l a to midnight Operation: Updated 6/25/2012 1 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 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 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: 3/8/2017 Permittee Signature: Name: Andrew Elegante Title: Owner BOARD OF PUBLIC WORKS APPROVAL A� gc President Member Member Member Member Date Updated 6/25/2012 L 4� zo X a1 O v 3 - 4- N co o v v o v v v U= a1 � _ 'N a _ bA ro a1 Ln O L Z L Ln N _ �O -a_ �t o O O a + N L cu L m �M W 4-j O V) L 0 U a--+ m E N U N O �4-+ f6 N C bA L U